Kyle Hayes avoids jail for violent disorder but must pay €10,000 to victim

ireland
Kyle Hayes Avoids Jail For Violent Disorder But Must Pay €10,000 To Victim
The All-Star Limerick hurler Kyle Hayes was sentenced to 18 months and two years, which were suspended in full. Photo: Brendan Gleeson
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David Raleigh

All-Ireland winning Limerick hurler Kyle Hayes has avoided jail following his conviction for violent disorder following a trial last year.

Hayes (25), of Ballyashea, Kildimo, Co Limerick, appeared before Limerick Circuit Criminal Court on Wednesday for sentencing.

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Following a two-week trial in December, Hayes was found guilty of two counts of violent disorder in Limerick city on October 28th, 2019.

He was found not guilty of one count of assault causing harm to carpenter Cillian McCarthy (24) on the same date.

On Wednesday, Judge Dermot Sheehan sentenced Hayes to 18 months for violent disorder inside Icon nightclub, and two years in respect of a similar count outside the nightclub on Upper Denmark Street.

Both sentences were suspended in full and are to run concurrently.

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Hayes was ordered to pay €10,000 in compensation to Mr McCarthy.

'Do you know who the f*ck I am?'

During the trial, the prosecution alleged the All-Star hurler approached Mr McCarthy in Smyths bar on the night in question, telling him to "stay the f*ck away" from two young women with whom he had been chatting.

When McCarthy attempted to explain he was friends with the women, prosecuting counsel John O'Sullivan said Hayes shouted in Mr McCarthy's face: "Do you know who the f*ck I am?...I'm going to dig the head off you."

Later, in Icon nightclub, which is attached to Smyths bar, the trial heard Hayes approached Mr McCarthy on the dancefloor and rained down punches on his head and face while his hands were held behind his head.

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Later, outside the nightclub, the prosecution alleged Hayes "kicked, stamped and punched" Mr McCarthy while he lay on the ground after a group chased him outside the nightclub, which Hayes denied.

Giving evidence, two gardaí told the trial they saw Hayes kicking a man on the ground outside the nightclub. They subsequently detained Hayes, but he broke free and fled the scene.

He was caught by gardaí a short while later nearby, and claimed that he had ran because the officers were "roaring" at him and he did not know why.

Prosecuting counsel added it was clear from CCTV footage on the night that Hayes got involved in "gratuitous and unprovoked violence on the streets of Limerick".

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He is someone I could rely on even in the most difficult of circumstances.

Limerick senior hurling manager John Kiely spoke at an earlier sentencing hearing in January, urging the judge to "give him a second chance".

Describing the incident as "very disappointing", Mr Kiely said he was "not in the slightest" condoning Hayes' behaviour, but added: "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."

Reading his victim impact statement to the court in January, 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”.

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Mr McCarthy said he was left “terrified” after the incident on the dance floor, which left him with a “pounding” head and swollen eye.

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.

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