Five-time All-Ireland winning Limerick hurler Kyle Hayes “kicked and punched” a man who was lying defenceless on a street after becoming “upset” that the man had spoken to two women in a nightclub he was socialising in, a court has heard.
Mr Hayes “fled’ from the scene of the alleged “attack”, outside the ICON nightclub, Upper Denmark Street, Limerick City, and was arrested by gardaí a short time later, Limerick Circuit Criminal Court was told on Tuesday.
Two gardaí allegedly witnessed Mr Hayes and others attacking the alleged victim outside the nightclub on October 28th, 2019.
Mr Hayes (25), of Ballyashea, Kildimo, Co Limerick, is on trial charged with one count of assault causing harm to Cillian McCarthy (24), of Toureen, Ballysimon, Co Limerick, outside the ICON nightclub, in the early hours of the morning in question.
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The four-time All-Star Limerick hurler is also charged with two counts of committing violent disorder, including earlier inside the nightclub, and later on during the alleged street attack on Mr McCarthy.
A co-accused, Craig Cosgrave (24), of Caherally, Grange, Co Limerick, is charged with violent disorder inside the nightclub on the same date.
A third accused, Jai Chaudri (22), of Carheeny, Kildimo, is also charged with assault causing harm to Mr McCarthy and with one count of violent disorder outside the club on the same date.
All three have pleaded not guilty to all charges.
Prosecuting counsel John O’Sullivan told the jury they would hear evidence that Cillian McCarthy, whom he described as a “hard working, honest and truthful” qualified carpenter, had been socialising in the ICON, in the company of Craig Cosgrave “who at the time, was a friend of his”.
“Cillian McCarthy got talking to two girls, and it appears that Kyle Hayes was upset about this; it didn’t sit well with him (Kyle Hayes),” Mr O’Sullivan said. “Putting it in plain terms, Cillian McCarthy was set upon by Kyle Hayes and others, and numerous punches were thrown.”
Mr O’Sullivan told the jury they would see CCTV footage harvested by gardaí from the nightclub and other local bars and clubs “which will tell you what happened”.
“It is the prosecution’s case that Kyle Hayes and others pursued Cillian McCarthy outside the nightclub and that Kyle Hayes attacked Cillian McCarthy on the public street.”
Mr O’Sullivan said Jai Chaudri joined Mr Hayes in assaulting Mr McCarthy, while he lay on the ground, and that Mr Cosgrave had been involved in using or threatening to use unlawful violence which caused a person or persons to be in fear for their life.
Counsel said there was no CCTV footage of the alleged attack on the street, but that two gardaí, who “are very important witnesses”, and who were on the scene at the time, “will give evidence that they saw Kyle Hayes and others punch and kick Cillian McCarthy while he was down on the ground”.
“You will hear evidence that Kyle Hayes fled the scene and he was captured (by gardaí) a short time later.”
Mr McCarthy suffered a number of facial injuries including “a fracture” to his right eye socket.
“None of these accused men had been under any threat whatsoever ... and the violence inflicted on Cillian McCarthy was totally unjustified”.
Mr O’Sullivan said: “Cillian McCarthy offended Kyle Hayes by simply engaging in conversation with two girls – that’s it, that’s what started it all off.”
Turning to the jury, he added: “Yes, you might say this was trivial, but sadly the actions of Kyle Hayes and others was not trivial ... there wasn’t the slightest justification for the violence inflicted on Cillian McCarthy.”
Detective Garda Barry Moylan, Henry Street Garda Station, played in court CCTV footage taken from inside the nightclub, showing a fight breaking out on the dance floor.
Under cross examination by Craig Cosgrave’s barrister Seamus Roche SC, the detective said that from watching the CCTV footage it appeared Kyle Hayes and another unidentified male had “instigated” the fight.
He said Mr Cosgrave had thrown a punch during the melee that connected with a female bouncer. He accepted Mr Cosgrave got involved in the brawl as he was “concerned” for Mr McCarthy’s welfare.
Det Garda Moylan also agreed it was alleged Mr Hayes had approached Mr McCarthy and Mr Cosgrave earlier on the night, in Smyth’s Bar, which is located on the ground floor of the nightclub, and that words were exchanged between the group.
The CCTV footage from the dance floor later on in the night appeared to show Kyle Hayes again approaching Mr McCarthy moments before punches were thrown at Mr McCarthy.
Det Garda Moylan agreed that the footage appeared to show a top worn by Mr McCarthy’s being pulled before a number of punches rain down on him “by a number of individuals”.
“There’s a number of strikes from numerous individuals including Kyle Hayes, which is discernible from the CCTV footage,” Det Garda Moylan said.
Other footage shown to the court showed Mr McCarthy being followed out of the venue by Kyle Hayes.
It is alleged gardaí later saw Mr Hayes, and Mr Chaudri kicking and punching Mr McCarthy while he is lying on a street near the nightclub.
Under further cross examination the detective garda agreed with Mr Hayes’ barrister Brian McInerney SC, that Mr Hayes left the nightclub “under his own steam”, while Mr McCarthy had been “ejected” from the club by security staff.
The trial continues before judge Dermot Sheehan on Wednesday.