Kyle Hayes avoids jail for violent disorder at Limerick nightclub
Kyle Hayes was also ordered to pay €10,000 compensation to Cillian McCarthy. Picture: Brendan Gleeson
Five-time All-Ireland winning Limerick hurler Kyle Hayes, who was convicted of two counts of violent disorder after a young man was attacked inside and outside a nightclub, has avoided jail after being handed a two year suspended sentence.
Hayes, 25, of Ballyashea, Kildimo, Co Limerick, had pleaded not guilty to two violent disorder charges and one charge of assault causing harm to Cillian McCarthy, 25.
He was convicted by a jury at Limerick Circuit Criminal Court last December of two counts of violent disorder in and outside the Icon nightclub in Limerick on October 28, 2019. But Hayes was found not guilty of assault.
Judge Dermot Sheehan told Limerick Circuit Court he would sentence Hayes to 18 months in prison for the first count of violent disorder and two years in prison for the second count of violent disorder. The sentences were to run concurrently.
But it would be “of no benefit to society” to give Hayes an immediate custodial sentence, Judge Sheehan said.
Although people must know a custodial sentence was possible to deter such violent behaviour, an immediate custodial sentence was not necessary, he said.
Hayes had "appeared to improve himself in the meantime", he had been involved in charity work and had letters of recommendation from his hurling team, his employer, his former university, and others who had described him as "an outstanding individual", "hard-working" and " a leader".
But as Hayes had not pleaded guilty to any of the charges, mitigating factors were limited.
Mitigating factors which were considered were his youth, he had no previous convictions, he was otherwise of good character, he had made some effort to contribute to society and charity, he was a successful sports man who had shown leadership qualities and was a valued employee.
Judge Sheehan said he would suspend the sentences.
But Hayes was ordered to pay €10,000 compensation to Mr McCarthy in two instalments of €5,000 each.
Mr McCarthy had “obviously suffered quite significant loss as a result of the offence of violent disorder,” Judge Sheehan said.
Although Hayes was not found guilty of assault, he had been “the leader” of the violent disorder incidents and “one flowed from the other”.
“If it had not been for Kyle Hayes none of this would have happened,” Judge Sheehan said.
He said although Hayes had been seen by gardaí kicking someone on the ground that night, it was not believed that was Mr McCarthy.
Mr McCarthy is a 25-year-old carpenter who was 20 at the time of the attacks, Judge Sheehan said.
He had gone out for a bank holiday weekend party with friends and they had then gone into Limerick City.
In Smith’s Bar, he met two young ladies, one of whom he had known for years.
But when Hayes saw Mr McCarthy talking to the young women, he told him to "stay away from one of the girls", and shouted “do you know who the fuck I am?”.
Hayes had felt entitled to monitor and police the girlfriends of his friends, Judge Sheehan said.
When they went to the Icon nightclub upstairs, Mr McCarthy was then attacked by Hayes and his friends on the packed dance floor, as evidenced by CCTV footage from the night.
The men left the nightclub and Hayes was seen “ pacing up and down” on the road outside the nightclub and “seemed quite angry”.
“Kyle Hayes wished to continue to fight” and there was “a degree of preparation” for the second incident of violent disorder, Judge Sheehan said.
Mr McCarthy and another young man were then attacked on Upper Denmark Street after they left the nightclub.
There was a significant amount of violence and Hayes was seen kicking a man who was lying on the ground, although it was clear from the jury verdict that Hayes had not assaulted Mr McCarthy on Upper Denmark Street, Judge Sheehan said.
The jury had also heard evidence that someone “very similar to Kyle Hayes had been in the area”, at the time of the second incident, the judge noted.
Evidence was heard gardaí saw Mr McCarthy lying on the ground in a foetal position as he was kicked with force by a group of men on Upper Denmark Street near the nightclub that night.
Aggravating factors to the offences were the crowded nature of the dance floor at the Icon nightclub where the first incident of violent disorder took place where Mr McCarthy was punched in the face and head.
The nightclub was a place where young people had come to relax, it was dark and some may have been drinking alcohol and would be vulnerable to such behaviour, the court heard.
Mr McCarthy, 25, a self-employed carpenter, previously said in his victim impact statement he was an ambitious young man with a bright future ahead of him before the events of that night.
This “totally unprovoked” threat sparked the chain of events that night which culminated in Mr McCarthy being left injured and terrified, curled up on the street defenceless as he was kicked by a group of males.
He said he felt terrified, injured and alone.
A subsequent CT scan found his upper eye was fractured and required surgery.
He suffered loneliness and a loss of income in the subsequent weeks and months as he was unable to work and the attacks had caused great trauma to both himself and his family.
Speaking after sentencing, Mr McCarthy said he was looking forward to putting the ordeal behind him and closing that chapter of his life.
He also said he was happy that Judge Sheehan had explained “the whole story”.
“Because he was a Limerick hurler there was always going to be high media attention," Mr McCarthy said.
“But I feel like it was a fair result.
“I feel like it was a good result.
“I'm just looking forward to putting it behind me now.
“It's been dragging on now over four years, so I’m delighted to close that chapter.
He said he still suffered some vision problems with his eye, which was badly injured, and he has difficulty driving late at night but overall, his physical injuries have recovered reasonably well.
It was important people were held to account for violent actions, he said.
“Everything you do, there are consequences.
“You can't just go out behaving like that, especially when he is a role model.
“That's not expected of people like him."
Although he was “disappointed” Hayes was not convicted of the assault charge, he said “it is what it is”,
“I feel like he did do it, but it is what it is. It was out of my control.
“I'll take two out of three. It's not a bad result.”
