Limerick hurler Kyle Hayes cleared of assault; guilty of engaging in violent disorder

FIVE-TIME All-Ireland winning hurler Kyle Hayes has been found guilty of two violent disorder charges but not guilty of assault causing harm.

Following more than three hours of deliberations this Friday afternoon, the jury of seven men and five women returned  unanimous verdicts on all four counts before them.

A co-accused - Craig Cosgrave, aged 24, of Caherelly, Grange, Limerick - was found not guilty of engaging in violent disorder in the Icon nightclub in Limerick city centre. He was discharged by Judge Dermot Sheehan after the verdicts were handed down.

On the ninth day of the trial at Limerick Circuit Court, Mr Hayes, aged 25, of Ballyoshea, Kildimo was found guilty of engaging in violent disorder in the Icon nightclub in Limerick city centre and of engaging in violent disorder at Upper Denmark Street on October 28, 2019.

The jury found Mr Hayes not guilty of assault causing harm to Cillian McCarthy (24), at Upper Denmark Street, Limerick city on the same date. 

There was no reaction from Mr Hayes as the verdicts were read out shortly after 4pm.

Throughout the trial, Mr Cosgrave was defended by Seamus Roche SC, appearing with Reginald Garrett BL, instructed by solicitor Kieran O’Brien.

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

The jury began its deliberations at 11.57am this Friday afternoon. Judge Dermot Sheehan recharged the jury at 12.35pm following legal argument.

The jury recommenced their deliberations at 12.44pm before breaking for lunch at 1pm. The jury then returned to the court at 2.32pm as they wished to listen the DAR (digital audio recordings) of the evidence of five witnesses - Christopher Heelan, Fiona Cowhey, Detective Garda Dean Landers, Garda Daniel O'Riordan and Sergeant Shane Thornton.

They resumed deliberations at 3.25pm. They returned at 3.39pm, seeking clarification on one of the charges before resuming deliberations at 3.42pm

The jury returned at 3.58pm when the foreperson told the court clerk they had agreed unanimously on the four counts.

Judge Dermot Sheehan said the violent disorder charges are serious matters.

"He was involved in a chaotic scene in Upper Denmark Street and engaging in violent disorder in a crowded place (Icon nightclub) is aggravating. It is an extremely dangerous thing to do. Matters of this nature are not nomally dealt with in a non-custodial sentence," said Judge Sheehan.

Mr McInerney, barrister for Mr Hayes, asked for a sentencing date in the future.

"He has been on bail for the last four years. There has never been a breach of bail. He has been outside the jurisdiction. He is not a flight risk. He is deeply rooted in the community. He has a sporting involvement at a very high level, that may well now be at the end," said Mr McInerney, who added that he would like time to collate testimonials from witnesses that may wish to give them.

Mr O'Sullivan, prosecuting, said there was no objection to bail subject to a number of conditions.

Judge Sheehan granted Mr Hayes bail on his own bond of €100. He must keep the peace, be of good behaviour and not commit any offences, hand over his passport forthwith and obey a curfew of 10.30pm to 6am.

The judge said he was imposing a curfew due to the nature of the offence and the time of the year.

Judge Sheehan said the fact he was granting bail is not an indication of how he is going to dispose of the matter