Limerick hurler punched and stood on top of man on the ground, trial hears
A LIMERICK hurler was one of a number of men who punched a man on the ground and was “standing on top of him as well”, a trial has heard.
A witness - Christopher Heelan, from Caherdavin, a UL engineering graduate working in Frankfurt, Germany - said he knew who Mr Hayes was “from seeing him on the TV and the hurling”.
The fourth day of the trial, which is being heard before a jury at Limerick Circuit Criminal Court, took place this Friday.
Craig Cosgrave, aged 24, of Caherelly, Grange, Limerick and Kyle Hayes, aged 25, of Ballyoshea, Kildimo, Limerick have both pleaded not guilty to alleged offences relating to an incident 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 five-time All-Ireland winning Limerick hurler and four-time All-Star, is charged with violent disorder in the Icon nightclub; violent disorder at Upper Denmark Street, Limerick and assault causing harm at Upper Denmark Street.
On Monday, another man - Jai Chaudri, aged 22, of Carheeny, Kildimo, Limerick also pleaded not guilty to a charge of engaging in violent disorder at Upper Denmark Street and assault causing harm to Mr McCarthy at Upper Denmark Street on the same date.
However, following legal argument this Friday, Judge Dermot Sheehan, presiding, told the jurors that they do not have to concern themselves with Jai Chaudri any further.
Later in the day, prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, asked Mr Heelan if he noticed anything about the alleged injured party Cillian McCarthy when he was standing outside Smyths on the night in question.
“There was blood on his T-shirt and jumper and blood coming from his nose. I asked him what happened. He said he was hit in the Icon by Kyle Hayes,” said Mr Heelan, who knew one of the men across the road in the vicinity of Kyle Hayes.
“I went over to him to see if he knew anything. He didn’t. Kyle came towards me and a few other gentlemen. He wanted to know who I am and what did I have to do with the situation,” said Mr Heelan, who asked why Mr McCarthy was hit.
Mr O’Sullivan asked if he received a response from Mr Hayes? “I cannot remember,” said Mr Heelan, who said he attempted to diffuse the situation and split people up.
“I was not successful. Both Cillian and Craig Cosgrave (one of the accused) ended up on the floor in the foetal position. I believe Kyle Hayes was punching and standing on top of him as well,” said Mr Heelan, who added that there were in the region of three to five men involved.
Brian McInerney SC, defence barrister for Mr Hayes, said that Mr Heelan saw himself as the peacemaker or the “Kofi Annan of Limerick”.
Mr McInerney said that Mr McCarthy said in his evidence on Thursday that Mr Heelan told Mr McCarthy: “Kyle Hayes wanted to fight me one-on-one around the corner.”
“He may have. I don’t recollect,” said Mr Heelan. Mr McInerney referred to Mr Heelan’s statement to gardai a month after the alleged incidents when he didn’t refer to Kyle Hayes wanting a fight around the corner.
Mr McInerney also questioned him about the location of the alleged assault.
“If you don’t know where this happened you can’t be sure of what you saw,” said Mr McInerney.
Mr Heelan said it did not stay in the original location. “I’m not sure of the exact position,” said Mr Heelan.
The first witness on Friday morning was Aislinn Condon, a school teacher from Crecora - one of the two girls with whom the alleged victim Mr McCarthy and the accused Craig Cosgrave were talking to in Smyths.
Ms Condon said she and her friends Aisling Coughlan, Mr McCarthy and Mr Cosgrave were dancing and “just having a laugh”.
She said Mr Hayes came over and asked Mr Cosgrave, “Why are you dancing with my friend? What are you doing? She is seeing my friend”.
“It wasn't like he (Mr Cosgrave) was trying to get with her (Ms Coughlan) or anything. I pulled Craig away. Aisling pulled Kyle away,” said Ms Condon.
Mr O’Sullivan asked if Mr McCarthy did anything.
“No. He just stood up for his friend,” said Ms Condon.
Mr McInerney put it to Ms Condon that when she is out with her female friends that they have each other's backs. Ms Condon agreed.
Ms Coughlan, a civil servant from Mungret, was the next witness. She said she was with her friend Ms Condon, who bumped into one of her friends Mr McCarthy and his friend Mr Cosgrave.
She said they were chatting and dancing. Ms Coughlan said she didn’t know what Mr Hayes said to Mr Cosgrave but they had an “intense conversation”.
Mr O’Sullivan asked if she said anything? “I said leave it off to both of them,” said Ms Coughlan.
Mr McInerney put it to Ms Coughlan that when she is out with her female friends that they have each other's backs. Ms Coughlan agreed.
Mr McInerney said that if a man was persisting with one of their friends they would stick up for her and he would be told to desist. Ms Coughlan agreed.
“You were seeing somebody?” asked Mr McInerney. “Yes, for a few weeks,” said Ms Coughlan.
“A friend of Kyle Hayes?” asked Mr McInerney.
“Yes,” said Ms Coughlan.
The trial continues on Tuesday.