Two gardai saw Limerick hurler Kyle Hayes kicking man on the ground, trial hears

TWO GARDAI have told a jury that they saw five-time All-Ireland winning hurler Kyle Hayes kicking a man on the ground during a disturbance in Limerick city centre.

Giving evidence this Tuesday afternoon, Detective Garda Dean Landers (pictured below) said he was driving a garda vehicle on the night in question.

“I observed a large group of people on the street block traffic on Upper Denmark Street. A fight had broken out. I observed a male with blood all over his face on the ground. 

“I observed a second male lying on the ground further up the street. He was being punched and kicked while he lay on the ground by a number of males. One male - the tallest of the group - was throwing numerous kicks to the male lying on the ground. He was screaming stop."

The detective said he pulled the sleeve of the man kicking the man on the ground “to pull him away to prevent him kicking the man on the ground”.

“I identified myself as a member of An Garda Siochana and told him to stay there. He told me to ‘f*** off’. He pulled his arm at force to make me lose my grip and ran. I took off after him. I chased him, shouting 'garda, stop'. He went into Watergate flats. I cut him off around the corner and effected the arrest,” said Det Garda Landers.

Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, asked the detective who was this male?

“Kyle Hayes,” said Detective Garda Landers.

The detective said he focused on Mr Hayes after alighting from the garda vehicle due to the “ferocity of the kicks”.

“He was the main culprit,” said Detective Garda Landers.

Craig Cosgrave, aged 24, of Caherelly, Grange, Limerick and  Kyle Hayes, aged 25, of Ballyoshea, Kildimo, Limerick have pleaded not guilty to alleged offences in the early hours of October 28, 2019.

Mr Cosgrave is charged with one count of violent disorder in the Icon nightclub in Limerick city centre. 

Mr Hayes, a four-time All-Star, is charged with violent disorder in the Icon nightclub; violent disorder at Upper Denmark Street, and assault causing harm at Upper Denmark Street, Limerick city. The alleged victim is Cillian McCarthy, aged 24, of Tooreen, Ballysimon.

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During cross-examination, Mr McInerney put it to the detective that he hadn’t seen the start of it or who struck the first blow.

In the witness box, the detective said he agreed this was the case.

“His brother Cian came under attack. Kyle went to his assistance,” said Mr McInerney, who added that if you come into the middle of the movie you have missed the start.

Det Garda Landers confirmed to the barrister that he didn’t know the person on the ground that he “pulled Kyle Hayes off of“

“I grabbed the person causing damage to prevent the male on the ground from getting injured,” said Det Garda Landers.

Mr McInerney put it to him that there was chaos, confusion, shouting and roaring. “Yes,” said Det Garda Landers.

The next witness was Garda Daniel O’Riordan (pictured below) who was in the driver seat of the patrol car. He said he saw a male who was “a good six inches” taller than the other persons attacking the man on the ground. 

“It was Kyle Hayes,” said Det Garda O’Riordan.

“Have you any doubt?” asked Mr O’Sullivan.

“Absolutely, no doubt,” said Garda O'Riordan. The garda said he observed this man draw back and kick into the head and shoulders of the man on the ground twice. Garda O’Riordan said he pushed three men away to stop them joining the attack.

“Det Garda Landers called my name. He had a hold of the man drawing kicks by the arm. I saw Mr Hayes break away from the grip. Det Garda Landers stumbled back. Mr Hayes ran. Det Garda Landers took off running after him. I went after him shouting 'garda stop’,” said Garda O’Riordan, who said he lost Mr Hayes in Watergate complex.

Mr McInerney said Detective Garda Landers had stated he saw two males on the ground.

Garda O’Riordan said he saw one person on the ground.

Mr McInerney put it to the witness that he didn’t see the start of the incident or who struck the first blow.

“Kyle Hayes’ brother was in an altercation. He went to his assistance and defence,” he said.

“I wouldn’t agree. There was a man laying on the ground with four persons laying kicks into him,” said Garda O’Riordan.

Mr McInerney said in the heat of the moment split second decisions are made when your brother is under attack.

Garda O’Riordan said he didn’t understand how you can be defending someone when you are kicking a person on the ground.

Mr McInerney said Mr McCarthy (the alleged injured party) had his arms outstretched across the road and was roaring and shouting.

“You don’t know the nature of the threat,” said Mr McInerney.

“No. I don’t know what happened before I arrived on the scene,” said Garda O’Riordan.

The trial continues.