BREAKING: Judge makes decision on Limerick hurler Kyle Hayes' case

LIMERICK hurler Kyle Hayes walked free from court this Friday after a judge said he will avoid jail if he is deemed suitable for community service.

Judge Dara Hayes, presiding, ordered Kyle Hayes to engage with the Probation Service and if he is suitable then to carry out 180 hours of community service in lieu of three months in prison.

The matter was further adjourned until April to allow for Kyle Hayes to engage with the Probation Service.

Judge Dara Hayes said the dangerous driving offence was not a repeat of the violent public disorder in 2019 for which he received suspended prison sentences of 18-months and two-years in 2023.

When the matter was called for Judge Dara Hayes to revoke some or all or none of Kyle Hayes' suspended sentence for violent disorder, Liam Carroll BL, representing Kyle Hayes, said he wished to make the court aware of the unfortunate bereavement of Kyle Hayes’ maternal grandmother.

"That lady’s funeral is due to take place this evening and tomorrow. Kyle Hayes didn't want to bring it to the court’s attention less it would cause any further distress to the family.

"It was under my strong advice that he instructed me to bring the matter to the court's attention given that the court should be aware of it in advance of its determination.

"Mr Hayes is very clear in that he is ready to face the music today and happy for the court to deliver its judgement whatever that might be," said Mr Carroll, instructed by solicitor Sarah Ryan.

Addressing Kyle Hayes, Judge Dara Hayes said he was "very sorry for your loss". 

In giving his judgment, Judge Dara Hayes said the evidence of Kyle Hayes' father (Liam Hayes) on Wednesday of the important role Kyle Hayes plays on the family dairy farm "will not persuade the court to stay its hand".

Judge Dara Hayes said it is an inescapable fact to anyone with even the most passing interest in sport that Kyle Hayes is a very talented and highly-decorated hurler on a very successful Limerick hurling team.

"It is important though to emphasise that Mr Hayes in this court has in no way sought to rely on that fact, nor did he raise it in court.

"It is also important to emphasise that he is entitled to no preferential treatment on account of that status and to be clear he has not sought any such treatment. But just as he's not entitled to any preferential treatment, he is also entitled to not be treated less fairly on account of his public status.

"I mention his sporting achievements because I want to be clear that they have no bearing on the decision that has to be made. If it is appropriate to activate some of the sentence, that will be done regardless of hurling. If it is not appropriate to activate any of the sentence, that non-activation will not be because of his public profile," said Judge Dara Hayes.

Judge Hayes said that Brian McInerney SC, who represented Kyle Hayes on Wednesday, saying that the triggering offence of dangerous driving is of "a wholly different character" to the original violent disorder convictions is "a reasonable observation".

The judge noted the absence of additional serious aggravating factors often seen in dangerous driving cases - consumption of intoxicants, poor weather, road worthiness issues, driving without insurance, driving licence or while disqualified.

Judge Dara Hayes said the question he has to ask himself is if some other young man without Kyle Hayes’ public profile came before him in similar circumstances "would I activate all or part of a suspended sentence?"

"If I were to do so to that young man, then I must do so with this respondent (Kyle Hayes). If I were not to do so to that young man, then I should not do so here  The triggering offence (dangerous driving) while serious is not related to the nature or the severity of the offending of the original offences (violent disorders). 

"They were committed over five years ago, there is nothing before the court to suggest that the respondent has engaged in any such behaviour since. His behaviour on October 19, 2019 was appalling," said Judge Dara Hayes.

The judge said, in his view, it is appropriate to activate three months of the suspended sentence.

"Where there is a short sentence, it is often the case that it is more constructive to require a defendant to engage in a significant amount of voluntary work in the community, rather than the imposition of a short sentence of imprisonment.

"If the respondent is prepared to engage, he will be assessed by the Probation Service and required to work under their supervision in the community for 180 hours in lieu of three months imprisonment," said Judge Dara Hayes, who asked Mr Carroll to take instructions from Kyle Hayes.

Mr Carroll BL took brief instructions from Kyle Hayes and told the judge his client is happy to engage with the Probation Service and carry out the 180 hours of community service in lieu of three-months in prison.

The matter was adjourned to April 28 to allow for Kyles Hayes to meet with the Probation Service to see if he is deemed suitable to carry out community service.

On Wednesday, State solicitor Padraig Mawe gave a summary of the two original convictions of violent disorder and the “triggering” dangerous driving offence.

Kyle Hayes was found guilty following a trial of engaging in violent disorder inside the Icon Nightclub in Limerick city and on the street outside on October 28, 2019 when he was 21.

Mr Mawe said Kyle Hayes and others “engaged in violence” against the victim Cillian McCarthy, who was 20 at the time.

Kyle Hayes was found not guilty of assault causing harm to Mr McCarthy.

In March 2024, Judge Dermot Sheehan imposed an 18-month prison sentence on Kyle Hayes for engaging in violent disorder in the Icon nightclub and a concurrent two-year jail sentence for the violent disorder on Upper Denmark Street, Limerick city.

The sentences were suspended on condition that he be bound to the peace and be of good behaviour during that two-year term

Mr Mawe said the “triggering” offence was a dangerous driving conviction near Mallow when Kyle Hayes drove at 155kmph and overtook nine cars on July 14, 2024.

Brian McInerney SC, appearing with Liam Carroll BL, instructed by solicitor Sarah Ryan, represented Kyle Hayes, aged 26, of Ballyashea, Kildimo, Co Limerick.

Mr McInerney submitted that the interests of justice would not be met by invoking a jail sentence.

Counsel said the “triggering” offence of dangerous driving is “wholly different in character” to the violent disorder convictions.

Mr McInerney said Kyle Hayes has a “quasi-dependent parent”, is a single, unattached man who lives at home with his parents, has a responsible job and engages in sport.

Kyle Hayes’ father, Liam Hayes took the stand and said he relies on his son Kyle to help in the running of his dairy farm after he suffered from significant ill health.

“He (Kyle) is doing everything at the moment. He lives at home. He is there on a 24/7 basis. He starts with me in the morning at 5am and after his day job when he comes home if he is not training and during the night if there are cows calving,” said Liam Hayes.

Mr McInerney said that Kyle Hayes has two brothers who reside locally but are unavailable at this time to render any assistance to Liam Hayes and won’t be able to for some time in the future.

Mr McInerney said the original trial, district court, circuit court appeal and triggering matters attracted the most enormous degree of publicity.