A man allegedly “punched and kicked” by five-time All-Ireland winning Limerick hurler Kyle Hayes while he was lying on the ground outside a nightclub was the victim of a “vicious assault” by a number of men inside the nightclub earlier that night, a court heard today.
Kyle Hayes (25) of Ballyahsea, Kildimo, Co Limerick is on trial before Limerick Circuit Criminal Court, charged with assault causing harm to Cillian McCarthy (24) from Toureen, Ballysimon, Limerick, outside the ICON nightclub, Upper Denmark Street, Limerick City, on October 28th, 2019.
Mr Hayes, a four-time All Star, is also charged with one count of committing violent disorder inside the nightclub and one count of committing violent disorder outside the venue on the same night.
A co-accused, Jai Chaudri, (22), of Carheeny, Kildimo, Co Limerick, is charged with assaulting Mr McCarthy causing him harm, and one count of committing violent disorder outside the ICON nightclub, on the same date.
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A third accused, Craig Cosgrave, (24), of Caherally, Grange, Co Limerick, is charged with one count of committing violent disorder inside the ICON on the same date.
All three accused deny the charges.
Some disagreement arose in court today when defence barrister for Kyle Hayes, Brian McInerney, cross-examining Limerick-based Det Garda Barry Moylan, suggested that CCTV footage played by the detective garda of the aftermath of the dance floor brawl appeared to show the alleged victim, Cillian McCarthy, being “ejected” from ICON by the club’s security staff.
Det Garda Moylan said he could not definitively say if Mr McCarthy was being ejected, but argued that he may have been “assisted” out of the venue by security staff as he was “certainly unsteady on his feet” as he had suffered a “vicious assault” on the dance-floor.
Det Moylan agreed with Mr McInerney that it appeared from the footage played in court that ICON’s security staff were “removing people from the premises, but my client [Kyle Hayes] wasn’t removed by security staff”.
Det Moylan, who was playing clips of the CCTV footage to the court, disagreed with Mr McInerney that Mr McCarthy seemed to “push somebody backwards” on the dance floor of the club before a brawl broke out.
Judge Dermot Sheehan remarked that an “outstanding feature” of the CCTV footage of the brawl was that “a young lady continues dancing in the middle of all of this”.
Det Moylan said Mr McCarthy was “the subject of an attack by a number of males”.
On Tuesday the detective said the CCTV footage showed a number of punches being thrown on the dance floor by a number of people “including Kyle Hayes”.
He said it appeared Kyle Hayes and another male had “instigated” the brawl.
Outlining the State’s allegations on Tuesday, prosecuting counsel, John O’Sullivan, told the court that 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]”.
“Putting it in plain terms, Cillian McCarthy was set upon by Kyle Hayes and others, and numerous punches were thrown.”
Mr O’Sullivan said it was 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”.
Jai Chaudri joined in the attack outside, Mr O’Sullivan alleged.
Mr O’Sullivan said the court would hear evidence from two Gardaí who would “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.”
“Cillian McCarthy offended Kyle Hayes by simply engaging in conversation with two girls – that’s it, that’s what started it all off,” Mr O’Sullivan said.
The alleged victim, Cillian McCarthy, is expected to give direct evidence to the court when the trial resumes on Thursday.