All-Ireland winning Limerick hurler Kyle Hayes will be sentenced on March 20th for his part in a violent incident in a nightclub four years ago.
Hayes, of Ballyashea, Kildimo, had pleaded not guilty to one count of assault causing harm to carpenter Cillian McCarthy (24) outside the Icon nighclub in Limerick on October 28th, 2019, as well as to two counts of violent disorder on the same night.
The 25-year-old was, who has no previous convictions, was found guilty by a jury at Limerick Circuit Criminal Court last December of the two violent disorder offences but not guilty of the assault.
At a sentencing hearing on Friday, Limerick senior hurling manager John Kiely told the judge that Hayes has “learnt his lesson” and matured considerably since the incidents.
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“Every young man deserves a second chance,” he said of the four-time All-Star.
Mr Kiely, who would hope to have Hayes available for selection when Limerick begin their campaign for a fifth successive All-Ireland title this year, acknowledged Hayes had “let down” his family, teammates and young GAA supporters “who look up to him”.
The trial heard that Hayes told gardaí he could not recall “aggressively” approaching Mr McCarthy in Smyths Bar on the night of the incidents and telling him to “stay the f**k away” from two young women he was speaking to.
Prosecuting counsel, John O’Sullivan BL, said when Mr McCarthy tried to explain to Hayes that he was friends with the two women, Hayes got in his face and shouted “do you know who the f**k I am... I’m getting sick of you, I’m going to dig the head off you”.
Mr McCarthy said Hayes and others approached him later on the dancefloor of the Icon nightclub and rained down punches on his head and face while his hands were held behind his head, meaning he could not defend himself.
Hayes also denied allegations by Mr McCarthy that he “kicked, stamped and punched” him while he lay on the ground after a group including Hayes chased him outside the nightclub.
Two gardaí gave evidence of seeing Hayes kicking a man on the ground outside the nightclub. They detained Hayes but he broke free and ran away. When he was later apprehended a few streets away, he told gardaí he ran because they were “roaring” at him and he did not know why.
Mr O’Sullivan said it was clear from CCTV footage on the night that Hayes got involved in “gratuitous and unprovoked violence on the streets of Limerick”.
Addressing Judge Dermot Sheehan, who indicated that he is considering a custodial sentence, Mr Kiely said he was “not in the slightest” condoning what Hayes did on the night. Mr Kiely said he had seen the CCTV footage of the incident inside the nightclub where Hayes’ behaviour was “very disappointing”.
However, he added: “He (Kyle Hayes) is somebody I trust, he has a very strong work ethic, he’s a strong leader, he puts his team first and himself last, he is someone I could rely on even in the most difficult of circumstances”.
Mr Kiely said Hayes telephoned him within 24 hours of that night and told him what happened. He said Hayes had already “paid a heavy price” because of the media attention around the case and that he believed the defendant had “taken responsibility for his actions”.
However, Mr Kiely agreed with Mr O’Sullivan that he had not attended the two-week trial in which Hayes had denied all of the charges or having encountered Mr McCarthy on the night. The hurling manager said Hayes’ behaviour on the night did not meet the standards he sets for his Limerick team.
Brian McInerney SC, for Hayes, played down the seriousness of the charges by suggesting they were at the “lower end” of the scale of offending. In response, Judge Sheehan said “I disagree”. Counsel said Hayes accepted the verdicts of the jury and had been acquitted of assault, a charge he had always denied.
In his victim impact statement, Mr McCarthy said he had been “easy going, hard working, enjoying life” but “all this changed” after the night in question. He said he was left “terrified” after being attacked on the dancefloor and was escorted outside by bouncers nursing a “pounding” head and swollen eye.
He said he felt “alone and afraid” when set upon a second time outside the club by a group.
He said he has been left suffering persistent and severe headaches, blurred vision and underwent surgery for a fractured bone in his right eye. The attacks had “a profound impact” on him and his family, who are in a constant state of fear now when he leaves his home.
“My biggest fear has been returning to socialising in Limerick again for fear I would meet these people again,” he said, adding that “photos of me were circulated on social media with nasty comments”.
Character references outlining Hayes’ charity work and visits to schools and hospitals were provided to the court, including from racehorse trainer Jim Bolger and the managing director of the Kirby Engineering Group, where Hayes works.
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