Updated: 4pm
All-Ireland winning Limerick hurler Kyle Hayes, who was convicted of violent disorder following a trial last year, will not be sentenced until March after the matter was adjourned on Friday.
Hayes (25), of Ballyashea, Kildimo, Co Limerick, appeared before Limerick Circuit Criminal Court on Friday for sentencing.
Limerick Senior Hurling manager John Kiely attended the hears, urging Judge Dermot Sheehan to give Hayes “a second chance” and spare him a custodial sentence.
However, the school teacher acknowledged Hayes had “let down” his family, teammates, and his loyal young fans “who look up to him”.
Hayes, (25), had pleaded not guilty to one count of assault causing harm to carpenter Cillian McCarthy (24) outside Icon Nightclub on October 28th, 2019. He was also charged with two counts of violent disorder, inside and outside the nightclub on the same night.
Following a two-week trial at Limerick Circuit Criminal Court last December, a jury found Hayes not guilty of assault but guilty of the two counts of violent disorder.
Hayes told gardaí he could not recall “aggressively” approachin Mr McCarthy in Smyths Bar, which is attached to Icon Nightclub, on the night in question, telling him to “stay the f**k away” from two young women he was chatting to in the bar, as was alleged by the State.
Prosecuting counsel, John O’Sullivan BL, said when Mr McCarthy tried to explain to Hayes that he was friends with the two females, 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.”
Brawl
Mr McCarthy said Hayes and others approached him later on the dance floor of the nightclub, and rained down punches on his head and face while his hands were held behind his head so 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 mob, including Hayes, chased him outside of the club.
Two gardaí gave evidence that they saw Hayes kicking a man on the ground outside the nightclub. The officers detained Hayes, but he broke free and ran away.
Gardaí eventually caught Hayes a few streets away, and he told them 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”.
At Friday's sentencing hearing, Mr Kiely said: “I respectfully ask you, judge, to give him a second chance.”
He added that he was “not in the slightest” condoning what Hayes did on the night, adding that he had viewed the CCTV footage of the incident on the dance floor, describing Hayes’ behaviour as “very disappointing”.
He puts his team first and himself last.
However, Mr Kiely told the court: “He 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 called him within 24 hours of the incident to tell him what had happened.
He said Hayes accepts and regrets his “very disappointing part in that night”, adding the four-time All-Star has already “paid a heavy price” because of the media covering the court case.
However, Mr Kiely agreed with Mr O’Sullivan that he had not attended the two-week trial, during which Hayes had denied all of the charges against him.
Hayes’ barrister, Brian McInerney SC, claimed the offences were at the “lower end” of the scale. However, Judge Sheehan replied: “I disagree.”
Reading his victim impact statement to the court, Mr McCarthy said he had been an easy-going, hard-working person who was ambitious, loved playing sport and was enjoying life, but added that on the night of the incident “all this changed”.
Mr McCarthy said he was left “terrified” after the incident on the dance floor, which left him with a “pounding” head and swollen eye.
Photo: Brendan Gleeson
He said he felt “alone and afraid” when he was set upon a second time by a group outside the nightclub by a group of males.
He added he still suffers persistent and severe headaches and blurred vision, and underwent surgery due to a facial fracture.
The attacks had “a profound impact” on him and his family, who are now in a constant state of fear whenever he leaves his home, he said.
“My biggest fear has been returning to socialising in Limerick again for fear I would meet these people again,” he added.
Mr McCarthy said he received hateful messages from people online following the incident, in which “photos of me were circulated on social media with nasty comments”.
He said his “confidence, work and family” had all been negatively impacted by the ordeal.
Character references outlining Hayes’ charity work, and visits to schools and hospitals were provided to the court, including a reference from horse trainer Jim Bolger, and the managing director of the Kirby Engineering Group, where Hayes works.
Hayes was remanded on bail for sentencing on March 20th.
