Limerick hurler Kyle Hayes loses appeal against dangerous driving conviction and two-year road ban
Failure to overturn dangerous driving conviction may have implications for Kyle Hayes' two-year suspended sentence on two counts of violent disorder at the Icon nightclub, Limerick, in October 2019. Picture: Chani Anderson
Limerick hurler Kyle Hayes overtook nine cars at 155 kilometres per hour in his Audi A6 before cutting in when he ran out of road, a garda testified on Wednesday as he lost his appeal against a dangerous driving conviction and two-year driving ban.
Judge Helen Boyle decided on Wednesday afternoon to dismiss the appeal against the dangerous driving conviction and she affirmed the order of the district court to convict him of the offence, fine him €250 and disqualify him from driving for the mandatory period of two years. That driving ban will not come into effect until June 12.
State solicitor Jeremiah Healy said of the driving by Mr Hayes on the Mallow Road: “That speed was utterly unacceptable. To suggest he was just speeding and ‘ah shur’ — is an insult to the court. He was going at a speed that was dangerous to the public. He expected everybody else on that road to step aside and get out of his way.”
Kyle Hayes appealed the conviction for dangerous driving arising out of the incident on the day.
Ronan Barnes, barrister for the appellant, said arising out of the excessive speed of the driving, Mr Hayes was prepared to admit his driving was careless instead of dangerous but this was not acceptable to the state.
Garda Deirdre Barrett was on duty on July 14, 2024, in a marked Garda vehicle and operating a speed gun when she was passed by nine vehicles travelling within the 100km/h limit at 85 to 100 km/h on the left lane of the section of dual-carriageway travelling north to Mallow, Co Cork.
It was about 7pm on a bright evening, with perfect driving conditions. “I observed a white Audi A6 overtake at high speed — 155km/h.”
The section of dual carriageway has a thin wire on poles between the north and southbound lanes where the overtaking manoeuvre was carried out and it becomes a single lane.
“This vehicle had to cut across in front of the first car in the line of nine cars. It had to do so very quickly because there was no road left to drive into,” Garda Barrett said.
The officer later followed and signalled for the car to stop and Kyle Hayes identified himself to her and in the course of conversation at the roadside she said the driver of the Audi said: “I ran out of road.”
She added that later: “He said how unfair it was, that he was driving under 100 when there was a speed van further up the road.”
Cross-examined by Mr Barnes, who suggested it was careless rather than dangerous, Garda Barrett said: “This was not momentary, this was a deliberate attempt to get past nine cars with no regard for their safety or for his own safety.”
Garda Barrett said during her conversation with Mr Hayes that evening, “he said he wanted to speak to a higher-ranking officer than me. He said he had a suspended sentence or something.”
Mr Hayes testified on Wednesday he did overtake a number of cars on the section of dual-carriageway: “I sped up to make sure I had enough room. I was very happy I had left enough room to do that.”
He said nothing out of the ordinary occurred when he pulled in in front of the first car in the line of cars, after passing.
He was unfamiliar with the road on his journey home after a visit to West Cork and noticed the signs indicating there was only 600m and 400m and so forth left in the dual-carriageway so he sped up to make sure there was ample distance when he moved in. He accepted he was speeding but did not think it was dangerous.
Judge Helen Boyle said after hearing all the evidence: “I am satisfied that it has reached the threshold and that the manner of driving, including speed, was dangerous to the public or might have been dangerous to the public.”
The failure to overturn the dangerous driving conviction may have implications for a suspended sentence hanging over the same defendant for an unrelated matter. He has a two-year suspended sentence on two counts of violent disorder at the Icon nightclub, Limerick, on October 28, 2019.
In light of Wednesday’s affirmation of the dangerous driving conviction, there may be an application to have the suspension revoked in whole or in part.
The question of whether 26-year-old Mr Hayes, of Ballyashea, Kildimo, Co Limerick, will face any period of imprisonment for the violent disorder will be decided at Limerick Circuit Criminal Court where the suspended sentence was imposed. This had to await the outcome of Wednesday’s proceedings at Cork Circuit Appeals Court.
Suspended prison sentences can be activated in whole or in part when the defendant commits another offence afterwards. However, this activation has to be decided in the court where the suspended sentence was first imposed. How serious the new triggering offence was will be considered by the judge.
Mr Hayes was convicted at Limerick Circuit Criminal Court on two counts of violent disorder, after a young man was attacked inside and outside a nightclub, and he was given a two year suspended sentence in March 2024.
The driving offence was at a checkpoint on the N20 at Lissavoura, Grenagh, at 7pm on July 14, 2024.
