Judge Dermot Sheehan warned that the threatened use of violence by the hurler on the dancefloor of the nightclub that evening over four years ago was “extremely dangerous.” He told Limerick Circuit Criminal Court that the charges involved were “serious matters.” “I cannot ignore Kyle Hayes’ role in these two incidents of violent disorder,” Judge Sheehan said. “He was the instigator and has been described as the main culprit in these violent disorder incidents.” “He has substantial culpability.” He imposed a sentence of 18 months for the incident inside the Icon nightclub and two years for the incidents outside the club. However, Judge Sheehan said society would not benefit from an immediate custodial order on the hurler and agreed to suspend both sentences on condition Hayes enters a commitment, in his own bond of €250, to keep the peace for two years. Both sentences were suspended and were made concurrent. Judge Sheehan said he decided on outline headline sentences of two and half years and three and a half years but reduced these to 18 months and two years given Hayes’ age, his previous good character, his contribution to society, his sports leadership and his remorse. The judge noted that Cillian McCarthy had suffered significant injury and losses as a result of the events that night and directed that Hayes pay €10,000 in compensation. The first €5,000 is to be paid within four weeks and the remaining €5,000 to be paid by September 30. Judge Sheehan said the events of the evening arose from a simple exchange of words in the downstairs bar of the club. “I find it extraordinary,” he said in reference to what sparked the events of the night. “If it had not been for Kyle Hayes none of this would have happened.” Judge Sheehan noted that Hayes was acquitted by the jury on the assault causing harm charge. “The jury verdict is clear – that Kyle Hayes did not assault Cillian McCarthy on Denmark Street.” “He was not involved in the attack on Cillian McCarthy while he was on the ground.” However, the judge noted evidence during the trial that Hayes had punched Mr McCarthy inside the nightclub. Judge Sheehan also noted that it was clear that Hayes had baited the young man outside the nightclub minutes before he was chased up the street and attacked. He also noted that Hayes had been abusive to Gardaí when they first intervened in the incident outside the Icon nightclub. The judge said the evidence was that Hayes was involved with others in attacking another man that night – not Mr McCarthy – while he was on the ground on Denmark Street. Judge Sheehan said there was also evidence that Hayes “felt he had the right to police and monitor (contacts with) the girlfriends of his friends.” “The second incident (violent disorder outside the nightclub) was aggravated by the first incident. There was an opportunity to go home.” “This country is replete with examples of what happens when young people take to kicking people who are on the ground. He was central to that violent disorder, it appears to me.” Limerick hurling manager John Kiely had personally appealed to the Circuit Court judge to offer the star hurler a second chance after the young man was convicted of two charges of violent disorder. Hayes – a five time All Ireland winner – was convicted on two counts of violent disorder before Limerick Circuit Criminal Court last December following a trial in which he was acquitted of assault causing harm. His sentencing was adjourned until today by Judge Sheehan after he had heard a victim impact statement and multiple character references on behalf of the hurler last January. Mr Kiely attended court last January to offer character evidence on behalf of Hayes – and personally appealed to Judge Sheehan to give the star hurler, who was hailed in character references as “a role model”, a second chance. The court also heard a powerful victim impact statement from Cillian McCarthy (24) who suffered a fractured eye socket and other injuries during the violent disorder incidents in October 2019. Defence counsel Brian McInerney SC said that Hayes accepted the findings of the jury but that: “He does not accept that he was guilty of any attack or administering any violence to Mr McCarthy on the street.” “This was an isolated aberration in an otherwise blameless life for a young man who has contributed enormously to society.” Mr McInerney noted to the court that his client was acquitted by the jury of the assault causing harm charge. But he acknowledged that: “He has let a lot of people down, not least himself and his family.” Mr McCarthy, a self-employed carpenter from Ballysimon, said the incidents both inside and outside Limerick’s Icon nightclub four years ago had left him “terrified” and he was now anxious about socialising around the city. While he was an entirely innocent party that night, he said that some in Limerick had blamed him for what happened. Mr Kiely told the court the media focus on the case has been “very difficult” for Hayes and dealing with it imposed a great burden on the young man over the past four years. “Every young man deserves a second chance,” Mr Kiely said as he indicated he has been in almost daily contact with the hurler since 2017. “He (Hayes) has paid a very high price for (this). I would respectfully ask your honour for Kyle Hayes to be given a second chance.” Mr Kiely, who was a teacher and principal for 27 years at an all-boys secondary school, said Hayes was a very young man when the incident occurred. “He wishes to put the matter behind him. He very much regrets it and is sorry. He has learned his lesson. “I have known him for seven years. I have found him to be someone I can trust. He has a very, very strong work ethic. He is someone who puts the team first and himself last. He is someone I could completely rely on in the most difficult of circumstances.” He pointed out that the hurler is incredibly generous with his time to charities and voluntary groups. The Limerick hurling boss, who has guided the Treaty County to five Liam MacCarthy Cup triumphs, insisted the incident was far below the standards they expected and was “completely out of character for Kyle.” Cillian McCarthy had received nasty messages in the wake of the incident wrongly blaming him for what happened Mr Kiely said top hurlers like Hayes devote over 30 hours each week to training and playing – and even more away from the pitch in terms of charity and voluntary commitments. “He has learned lessons and he has matured,” Mr Kiely said as he acknowledged, having watched the CCTV security camera footage of the incident inside the Icon nightclub, the matter was “very disappointing”. Mr Kiely also insisted last January that Hayes had taken responsibility for what happened though this was challenged by John O’Sullivan BL, for the State. Mr O’Sullivan pointed out that the hurler, as was his right, had denied all the matters before Limerick Circuit Criminal Court and was only convicted by a jury on the violent disorder charges after a fully contested two-week trial. Hayes had vehemently denied assaulting the young man outside the nightclub. The Limerick manager insisted to the court that he was in no way condoning what had happened: “Absolutely.” Mr Kiely replied “of course” when it was put to him that Mr McCarthy was an entirely innocent party and had the right to socialise without being threatened or left in fear. As well as Mr Kiely, character references on behalf of Hayes were also submitted from Mark Flanagan of the Kirby Group, Dr Finbarr Murphy of University of Limerick, Derek Cox from St Gabriel’s School, University Hospital Limerick, horse trainer Jim Bolger and others. Cillian McCarthy said the incident had left him very frightened. He had received nasty messages in the wake of the incident wrongly blaming him for what happened. “I was terrified because I was on my own…and my eye was pounding [after being hit on the nightclub dancefloor].” Mr McCarthy said the attacks were entirely unprovoked and he was only chatting to two girls he knew when he was confronted by an angry Hayes. “I initially thought it was a joke. Why was this happening to me?” he said. He said he was on the dancefloor when he was first attacked and punched. “They attacked me and punched me in the face. They held my arms behind my head so I could not defend myself.” Mr McCarthy said that, after leaving the nightclub with the help of bouncers, he only wanted to go home as his face and eye was “pounding”. However, he was challenged by a group across the street and then chased up the road by the group of men and then attacked again. He said he was knocked to the street and cradled his head as punches and kicks rained down on him. Mr McCarthy said he later had to undergo surgery for a fracture to his eye socket. He stressed the aftermath of the incident left him feeling loneliness, isolation and depression. “I had headaches, numbness below my eye and double vision. But this incident has had a profound impact on my family. “I was left feeling angry and I could take the anger out on my family. Overall, this has had a traumatic impact on me and my family. Everybody knows me now as the guy who was attacked in town.” Today’s News in 90 seconds – 20th March 2024 Judge Sheehan adjourned the matter until today as he wanted to carefully consider the victim impact statement and the character references submitted to the court. Hayes, of Ballyashea, Kildimo, Co Limerick, was convicted of violent disorder by unanimous decision following a high-profile two-week trial. They found him guilty of violent disorder during incidents both inside and outside the Icon nightclub in Limerick city centre on October 28, 2019. Both convictions were returned following almost four hours of deliberation. Judge Sheehan warned that the threatened use of violence by the hurler on the dancefloor of the nightclub was “extremely dangerous” and that the charges involved were “serious matters”. The hurler shouted at him: ‘Do you know who the f**k I am?’ “The second incident [violent disorder outside the nightclub] was aggravated by the first incident. There was an opportunity to go home. “This country is replete with examples of what happens when young people take to kicking people who are on the ground. He was central to that violent disorder, it appears to me.” However, the jury acquitted the hurler of assault causing harm to Mr McCarthy at the nightclub on the same date. The trial heard testimony from a number of witnesses who said they had seen Hayes punching Mr McCarthy. It was alleged that a dispute erupted in the nightclub when Hayes had warned Mr McCarthy and a friend to stay away from two young women. Mr McCarthy tried to explain that they were just talking to the two women who they were friendly with. One of them was seeing a friend of Hayes, and he warned Mr McCarthy and his companion to “stay the f**k away” from the duo. John O’Sullivan BL, in evidence being given by Det Garda Barry Moylan, said that Hayes had: “taken on the role of policeman of girls who were acquaintances of his friends.” “Kyle Hayes felt he was entitled to police or monitor the girlfriends of his associates.” Hayes later told Mr McCarthy: “I am sick of you – I am going to beat the head off you.” Mr McCarthy said that Hayes then became aggressive. The hurler shouted at him: “Do you know who the f**k I am?” Mr McCarthy then alleged he was attacked on the dancefloor and was punched several times in the head. The trial heard that, once outside the nightclub, Mr McCarthy had been chased by a group of men along Upper Denmark Street before being beaten and falling to the ground. Gardaí were called to the scene and offered evidence that they had seen Hayes punching a man who was cowering on the ground and trying to protect himself. Gda O’Riordan said he had seen kicks directed at the prone man’s head When challenged, Hayes ran from the scene before being caught by a garda and arrested. Detective Garda Dean Landers said he had directed Hayes to remain at the scene. “He (Hayes) told me to ‘f**k off’. He pulled his arm, at force, away from my grip and he turned and ran,” Det Gda Landers said. Garda Daniel O’Riordan said he had seen Hayes kicking a young man lying on the ground. Gda O’Riordan said he was in no doubt about the identity of Kyles Hayes and said he had seen kicks directed at the prone man’s head and shoulder. Hayes later acknowledged that he had left the scene despite garda instructions. “I just wanted to get out of there, I didn’t want to get dragged into it,” he said. Later, he said he left the scene because gardaí were “roaring at him”. As well as his five All-Ireland medals, Hayes has five Munster championship medals and four All-Star selections. The hurler made his debut with Limerick as a minor in 2015. A graduate of the University of Limerick, he works in the human resources sector.
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