Jury told Limerick hurler denied to gardai he was involved in attack

FIVE-TIME All-Ireland winning hurler Kyle Hayes denied to gardai that he was one of the men involved in an attack on another man, a trial has heard.

When gardai put the statement of the alleged injured party (Cillian McCarthy) to Mr Hayes in an interview room in Henry Street garda station, Mr Hayes said: “It didn’t happen.”

Interviewing gardai put it to Mr Hayes that a witness said Mr McCarthy was getting attacked and “you were one of them”.

Mr Hayes replied: “I wasn’t.” 

In interview, gardai put it to Mr Hayes that Mr McCarthy had a broken orbital and cuts and bruises. “Can you offer an explanation?” asked a garda. “No,” said Mr Hayes.

Craig Cosgrave (pictured below), 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.

Giving evidence this Wednesday, Detective Garda Barry Moylan gave evidence of arresting Mr Hayes at his home address at 7.45am on January 7, 2020.

Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, read out the garda interviews to the jury.

Mr Hayes said he was training hard after being asked by gardai, and there was no going out ban. “No. We do it ourselves. It’s not worth going out.”

Gardai asked Mr Hayes if he enjoyed being a county player. “I do. I love it.”

The accused was asked if he finds it difficult to deal with the status?

“It’s not easy,” said Mr Hayes.

“Everyone wants a piece of you?” asked the interviewing garda. 

“If you want to go somewhere quiet or for dinner someone comes up to you to talk or ask for a photograph,” said Mr Hayes.

Earlier on the day in question, Mr Hayes said his club Kildimo-Pallaskenry had lost to Blackrock by four or five points in the Limerick Premier Intermediate Hurling Championship.

Mr Hayes said he played “only alright” and Blackrock had a good game set-up. When asked by gardai how he felt after the loss, Mr Hayes said “sad” as they had put in a lot of effort.

Gardai asked Mr Hayes if he thinks people “want to take you down?” “Some,” he replied.

“Is this happening here?” asked the garda. “It’s part of it,” said Mr Hayes.

The senior hurler said he only goes out after big matches. Mr Hayes denied being involved in a verbal altercation in Smyth’s bar on October 28, 2019. Mr Hayes said he met the girlfriend of a friend from home but “genuinely doesn’t know her name”.

A witness statement was put to Mr Hayes that he had been thrown out of the Icon nightclub (attached to Smyth's).

“That’s false. I wasn’t kicked out. I left of my own accord to find my friends. All my friends had gone out,” said Mr Hayes.

When gardai put the statement of the alleged injured party Mr McCarthy (pictured below) to Mr Hayes, he said: “It didn’t happen.”

Interviewing gardai said to Mr Hayes that a witness had stated that Mr McCarthy was getting attacked and “you were one of them”. “I wasn’t,” said Mr Hayes.

Gardai put it to Mr Hayes that Mr McCarthy had a broken orbital and cuts and bruises. “Can you offer an explanation?” asked a garda. “No,” said Mr Hayes.

The Limerick hurler said when gardai arrived they “started roaring at me and I ran away”.

“Why were you picked out?” asked the garda. “Probably knew my face,” said Mr Hayes.

“Were they against you?” asked the garda. “I wouldn’t say that,” said Mr Hayes.

The defendant said he stopped running because it made him "look guilty".

“When the guards came they made such a big fuss that I just wanted to get out of there. I didn’t want to get dragged into it,” said Mr Hayes, who explained that he had lost footwear because he was running and they were loose. “You don’t tie them,” he said.

Mr Hayes, the jury heard, was released from custody at 1.50am.

Mr Cosgrave was arrested on February 15, 2020 and Mr O’Sullivan said there was nothing of an evidentiary nature arising from his detention.

Brian McInerney SC, barrister for Mr Hayes, put it to Detective Garda Moylan that his client has a degree in Business Studies, works in HR and is doing his Green Cert in Salesian Agricultural College, Pallaskenry, on a part-time basis.

The detective said he knew Mr Hayes was in employment.

Mr McInerney said Mr Hayes has done a lot of charity work which included turning on the Hayes Christmas Lights in Shanagolden and raising money for Milford, St Camillus’ and St Gabriel’s. Det Garda Moylan said he accepted this.

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

Mr McInerney said Mr Hayes’ brother Cian was present on the night in question and asked the detective if he is the size of Kyle Hayes.

Det Garda said he didn’t know the exact height but that Cian Hayes is a “big guy”.

This Wednesday afternoon, Mr O’Sullivan told the jury the prosecution has concluded.

The jury will return to Limerick Circuit Criminal Court on Thursday morning where it is expected the prosecution and defence will make closing speeches.

Judge Dermot Sheehan will then charge the jury.