Two gardaí have told a court they saw All-Ireland winning hurler Kyle Hayes kicking a man who was lying on the street outside a nightclub in Limerick City.
Mr Hayes told one of the two gardaí to “f**k off” before escaping the garda’s grip, and fled the scene before being chased and apprehended by officers, Limerick Circuit Court heard.
Mr Hayes (25) is charged with assault causing harm to Cillian McCarthy (24) outside Icon nightclub in Limerick city on October 28th, 2019.
He is also accused of two counts of violent disorder on the same night. He denies all the charges.
Mr McCarthy’s friend, Craig Cosgrave (24), of Caherally, Grange, Co Limerick, denies one count of violent disorder.
Detective Garda Dean Landers, from Roxboro Road Garda station, gave evidence on Tuesday, stating he saw two men on the ground outside Icon, on Upper Denmark Street, on the night in question.
He said one had blood on his face, and the other was surrounded by a group of men, including Mr Hayes, who were “punching and kicking (the man) while he lay on the ground”.
The garda said Mr Hayes stood out from the rest of the men because “he was the taller of the group”.
The prosecution alleges Mr Hayes and others were involved in a brawl involving the alleged victim earlier in the night on the dance floor of the nightclub.
It is alleged that Mr Hayes was upset that Mr McCarthy had spoken to two women at a bar in the nightclub as one of them was seeing one of his friends.
“I saw him (Kyle Hayes) throw numerous kicks into the male who was on the ground,” Det Landers told the court, identifying Mr Hayes in court as the perpetrator.
Det Landers added that he heard the man on the ground “screaming” for Mr Hayes to “stop”.
Chase
Det Landers told the trial he “grabbed” Mr Hayes by his arm and “pulled him away from throwing more kicks”, identify himself as a garda.
“He told me to f**k off, and he pulled his arm, at force, away from my grip, and then he turned and ran,” Det Landers said.
The garda said he “chased” after Mr Hayes on foot, repeatedly shouting at him stop, but Mr Hayes did not do so.
Det Landers said he arrested Mr Hayes after he “cut him off” after he spotted the accused running into the Watergate Flats area of the city.
The detective said Mr Hayes “made no reply” after he cautioned him under the Public Order Act.
He told the court he saw Mr Hayes using a “high level of force” while kicking the man on the ground outside the nightclub. He added that he suspected Mr Hayes was the “main culprit” because of the “ferocity” of his kicks.
Mr Hayes was taken to Henry Street Garda station and was later released without charge.
Under cross-examination by Mr Hayes’ barrister, Brian McInerney SC, Det Landers said the accuseds was the “person causing the damage” to a man on the ground.
He said while he was perhaps not as fit as the All-Ireland winning hurler, he had “outsmarted him on the night” by “cutting him off” in an alleyway at Watergate Flats.
Det Landers said he did not know Mr Hayes brother, Cian Hayes, who Mr McInerney said was also over 6 feet tall.
Mr McInerney put it to Det Landers that Cian Hayes was in the vicinity of the alleged attack on the night, and he was previously charged with violent disorder, but the Director of Public Prosecutions had later withdrawn the charge.
'Under attack'
Mr McInerney argued that it was Cian Hayes who came “under attack” on the night and that Kyle Hayes “went to his brother’s assistance”.
Garda Daniel O’Riordan, of Roxboro Road Garda station, who arrived on the scene along with Det Landers, also gave evidence that he saw Kyle Hayes kicking a male on the street on the night in question.
Gda O’Riordan said he saw between 10 and 12 men fighting on the street, with one male lying on the street covering his head with his hands, surrounded by three males, including Mr Hayes, who were “raining kicks into him”.
Asked by prosecuting counsel John O’Sullivan BL if he was in any doubt that Mr Hayes was kicking the man, Gda O’Riordan replied: “Absolutely no doubt it.”
“I observed him draw back and kick a man who was lying on the ground, kicking forward into the man’s head and shoulder area twice.”
Gda O’Riordan said he saw Mr Hayes “break away” from Det Landers before running from the scene.
He added that he joined Det Landers in the chase along Upper Denmark Street, into High Street, past the Milk Market, through Mungret Street, and into a series of “laneways” at Watergate Flats.
Under cross-examination by Mr McInerney, both Det Landers and Gda O’Riordan said they had not witnessed what had led to the attack on the man in the street, nor had they seen who had thrown the first blow.
Gardaí agreed there was “chaos” and crowds of people on the street at the time of the incident.
However, Gda O’Riordan told Mr McInerney: “I’m not confused by what I saw, I saw Kyle Hayes...he was most identifiable.”
