All-Star Limerick hurler Kyle Hayes could avoid jail time if he is deemed suitable to carry out 180 hours of community service in lieu of the suggested jail term.
The 26-year-old of Ballyahsea, Kildimo, Co Limerick, had been bound by the terms of a two-year suspended sentence “to be of good behaviour and not reoffend” within two years from last March, after a jury convicted him on two charges of engaging in violent disorder at the Icon nightclub, Limerick, on 28 October, 2019.
However, the judge said Hayes had “breached” these terms when he engaged in dangerous driving at Mallow, Co Cork, driving “well in excess of the applicable limit” four months after the suspended sentences were imposed.
Hayes was detected by gardaí driving an Audi A6 dangerously, at 155 kph in a 100 kph speed zone, while over-taking nine cars on the N20 Cork to Limerick dual carriageway, 14 July last.
Today at Limerick Circuit Criminal Court, the judge said he had to decide under a “Section 99” re-entry order, if he would revoke all, part of, or none of the two-year suspended sentence.
Hayes’ barrister, Liam Carroll told the court: “Mr Hayes is very clear, he is ready to face the music today, he is ready to accept his fate.”
Giving a summary of the violent disorder at the Icon nightclub, the judge said Kyle Hayes was one of two men who “aggressively approached” Cillian McCarthy inside the venue and that Kyle Hayes was one of at least four others who “attacked” Mr McCarthy on the club’s dance-floor.
The judge said two gardai gave evidence at Kyle Hayes’s trial that they saw the hurler kicking an unidentified man, who was lying on the street outside the nightclub, but this man was not Cillian McCarthy.
Hayes was acquitted of assaulting Mr McCarthy, and was never charged with assaulting on any other person on the night. The judge said an 18-month jail term and a concurrent two-year sentence imposed on Hayes, for the violence at the nightclub were fully suspended “on condition that he keep the peace for two years, and that he pay damages to Mr McCarthy of €10,000, the latter which has been completed”.
The judge said Kyle Hayes broke these terms by his conviction for dangerous driving and subsequently lost an appeal against the road traffic conviction, was fined €250 and given a two year road ban.
Judge Hayes said the Limerick hurler was neither entitled to “any preferential treatment” because of his “sporting achievements”, nor was he entitled to less treatment as someone “without his public profile”.
The judge described as “appalling”, Kyle Hayes’ behaviour inside and outside the nightclub, but also noted that he had not come before the courts for similar violent offences since 2018.
The judge said revoking part of the suspended sentence would not be “unjust” and he felt it was “appropriate to activate three months” of Hayes’s suspended two-year sentence.
The judge suggested Hayes engage with the probation services to be assessed for suitability for performing 180 hours of “voluntary unpaid work in the community”.
Defense barrister Mr Carroll, told the judge: “I can confirm that Mr Hayes is agreeable to accept a community service order”.
Adjourning the session until 28 April for mention, the judge concluded: “If he’s not suitable, then the penalty I have suggested will be imposed.”
