Judge urged to give All-Star hurler a 'second chance' following violent disorder convictions

Limerick senior hurling manager John Kiely has said two violent disorder incidents involving All-Star hurler Kyle Hayes were “very disappointing” but that “every young man deserves a second chance”.

Mr Kiely took the stand at Limerick Circuit Court this Friday to give a character reference for the five-time All-Ireland winning hurler. 

Mr Hayes, aged 25, of Ballyoshea, Kildimo was found guilty last December of engaging in violent disorder in the Icon nightclub in Limerick city centre and of engaging in violent disorder at Upper Denmark Street in the city on October 28, 2019.

The jury found Mr Hayes not guilty of assault causing harm to Cillian McCarthy, aged 24, at Upper Denmark Street, Limerick city on the same date. All of the verdicts were unanimous.

Mr Hayes was represented by Brian McInerney SC, appearing with Joseph McMahon BL, instructed by solicitor Sarah Ryan.

The case was prosecuted by John O'Sullivan BL, instructed by State Solicitor Padraig Mawe, with the assistance of Detective Garda Barry Moylan.

Giving evidence, Mr Kiely, who has been a teacher and principal at the Abbey School in Tipperary for 27 years, said he had viewed the CCTV footage in the Icon nightclub.

“It is a very disappointing sight,” said Mr Kiely, who went on to say that Mr Hayes had left his family down, teammates down, employer down, left himself down and young people who look up to him as a role model.

Mr McInerney SC, barrister for Mr Hayes, asked Mr Kiely for his view of Mr Hayes’ character.

“I know him seven years. We are in contact on an almost daily basis. He is somebody I trust. He has a strong work ethic, is a strong leader, he puts the team first and himself last. He is somebody I can rely on in the most difficult circumstances,” said Mr Kiely.

The Limerick hurling manager said Mr Hayes is very sorry and has already paid a very high price.

“He has had this hanging over him for the last four years. He has not been in trouble before or since. He has learned his lesson. I am not getting away from the events of the night - they are very disappointing.

“Every young man deserves a second chance. I respectfully ask you to give him a second chance - he won’t disappoint you,” said Mr Kiely, who was speaking to Judge Dermot Sheehan.

Judge Sheehan said what troubles him was the "extraordinary conduct" of Kyle Hayes following someone chatting up a girl who may have been going out with a friend of his.

After the violent disorder incident in the nightclub, Judge Sheehan said Mr Hayes followed an injured Mr McCarthy down the street, quite aggressively asking his name and bouncers intervened.

“Mr Hayes stayed there and got involved in a violent disorder on Upper Denmark Street. He didn’t get in a taxi and go home,” said Judge Sheehan, who asked Mr Kiely how many hours would Mr Hayes be involved in training a week.

Mr Kiely said approximately 30 hours a week.

Judge Sheehan said Mr Hayes is a young man who may have been sheltered from socialising compared to those of a similar age due to all his achievements.

Mr Kiely said that was correct to say and what happened was “completely out of character”.

Earlier in the sentencing hearing, Mr McInerney said Mr Hayes accepts the verdict of the jury in relation to the violent disorder charge in the Icon and accepts the violent disorder charge regarding the incident on Upper Denmark Street but that it was further up the street and involved an unnamed person and not Cillian McCarthy.

Mr McCarthy, a 24-year-old self-employed carpenter, read out a victim impact statement in which he set out that before the night of October 28, 2019 he was an easy-going, sociable person and played hurling, football, soccer.

Mr McCarthy said he was punched, kicked on the ground and “stamped on” and required surgery for a right orbital floor fracture. He said he experienced loneliness and isolation while he was out of work and has double vision and severe headaches.

Mr McCarthy said the incident has had a profound effect on his family and he took out his anger and frustration on his family for the first month. He said he was afraid to go socialising in case he met the same individuals again.

“I have experienced a loss of confidence and shame. Everyone knows me as the fellow who was attacked. Photos of my injuries were shared on Facebook, Twitter and WhatsApp,” said Mr McCarthy, who added that he was sent messages.

He concluded by saying it had been a traumatic experience for himself and his family.

Mr McInerney read out a number of letters to the court in relation to Mr Hayes’ good character. They included letters from representatives of his employer Kirby Group; Kemmy Business School, University of Limerick; St Gabriel’s School; UL Hospitals; horse trainer Jim Bolger and St Camillus' Hospital.

“It is an isolated aberration in an otherwise blameless life. He has contributed enormously to society in a positive way,” said Mr McInerney, citing Mr Hayes charity and fundraising work, and sporting achievements.

Judge Sheehan said Mr Hayes was involved in sustained punching in the violent disorder incident in the Icon and outside kicked somebody on the ground with a level of force “even though it appears that person wasn’t Mr McCarthy”.

The judge said he was going to take some time to consider the evidence and submissions and adjourned sentencing until March 20.

Mr Hayes was remanded on continuing bail.