Limerick hurler punched man continuously in the face on dancefloor, trial hears
A LIMERICK hurler who was upset with a man talking to two girls in a city nightclub punched him continuously in the face on the dancefloor, a trial has heard.
The alleged victim, Cillian McCarthy (pictured below), aged 24, of Tooreen, Ballysimon entered the witness box this Thursday morning.
Mr Hayes' barrister, Brian McInerney said Mr McCarthy was the aggressor and the "author of your own misfortune".
Craig Cosgrave, aged 24, of Caherelly, Grange, Limerick; Kyle Hayes, aged 25, of Ballyoshea, Kildimo, Limerick and Jai Chaudri, aged 22, of Carheeny, Kildimo, Limerick have all 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 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.
Mr Chaudri is charged with violent disorder at Upper Denmark Street and assault causing harm to Mr McCarthy at Upper Denmark Street.
Mr McCarthy said he bought alcohol with Craig Cosgrave, one of the accused, in the Tesco in Roxboro before going for pre-drinks in a friend's house in the North Circular Road at around 8.30pm on the night in question.
Prosecuting barrister John O'Sullivan, instructed by State Solicitor Padraig Mawe, asked how much alcohol he had consumed?
"We bought a litre of Captain Morgan so I assume I had half of that," said Mr McCarthy.
The alleged injured party said he, Mr Cosgrave and a number of others at the party walked into the city centre at around 10.30pm / 11pm. They spent an hour in Clohessy's on Upper Denmark Street, then Black Rabbit for 15 minutes before going to Smyth's just before midnight.
Mr McCarthy said he and Mr Cosgrave met two female friends, who he knew for a couple of years, and was having a conversation with them in Smyth's.
"I was approached by Kyle Hayes for the first time. I didn't know him as a friend but I knew him. He got abusive. He didn't want us talking to the girls. He told me, 'Stay the f*** away from the girls' and instigated if I didn't, it would cause a fight’.
"I tried to explain I knew the girls but he didn't really want to hear it. He was shouting towards the end. He said, 'Do you know who the f*** I am?' It ended after that. I walked away. I knew where it was going - a fight - and I didn't want that," said Mr McCarthy.
The alleged victim said he and Mr Cosgrave went into the Icon (a nightclub attached to Smyth’s) and walked up the stairs.
"We tried to move on with the night. We started dancing, we met the two girls. Kyle Hayes approached Craig and I got between them. It was the same situation again.
"Kyle Hayes was getting very aggressive. He was going a lot for Craig - there is a size difference. Kyle Hayes told me he 'was getting sick of me and if I want to do it, we'll do it'," said Mr McCarthy.
The alleged injured party said a man, who is not one of the three accused, punched him in the eye.
"Kyle Hayes and him punched me continuously to the right hand side of my face and to my right eye. There were a lot of punches - I'd say around 10. It was continuous until it was broken up," said Mr McCarthy.
Mr O'Sullivan asked him if he had said something or made gestures.
"No. I don't think so. I feel I avoided a fight at all times. I didn't give them any ammo and I didn't egg anyone on," said Mr McCarthy.
Mr O'Sullivan asked him if he was in pain.
"Yes, my right eye, I felt it was pounding and blood was dripping from it. It was hard to see and swelled up a lot," said Mr McCarthy.
He said after speaking with bouncers in a room he left the Icon by a side door. Mr McCarthy said Kyle Hayes and another male had left before him.
"They both followed me. They caught up with me. They wanted to know my name and my friend's name. I obviously wouldn't respond. Because I wouldn't tell them Kyle Hayes said he 'would dig the head off me'. I said I already got a beating," said Mr McCarthy, who met a female friend coming out of Black Rabbit.
"She saw my face and asked me what happened? She suggested we go to Smyth's and get a taxi. I met a friend who asked me what happened. I told him. Kyle Hayes was across the road with friends.
"My friend said he knew someone over there and went to talk to them. When he came back he said Kyle Hayes wanted to fight me one-on-one around the corner," said Mr McCarthy, who saw Mr Cosgrave come out of a side door of the Icon.
"Kyle and his group immediately ran towards Craig and attacked him. Once I saw what was happening I ran, tried to intervene and break it up. Kyle had a big group with him. I wasn't going to leave Craig on his own. It moved up the street. They were throwing punches left, right and centre. I was tripped by one of the people - I think it was Kyle Hayes.
"I was attacked and they were stamping all over me with their feet. I put my hands over my head. It caused more damage to my eye ," said Mr McCarthy, who added that Kyle Hayes and Jai Chaudri were among the men in the group who attacked him.
Mr McCarthy said he was punched and stomped on between 10 and 20 times.
Mr O'Sullivan asked him if he had any doubts they were the persons who did this? "No," said Mr McCarthy.
A number of CCTV clips were played in court by Detective Garda Barry Moylan.
The alleged victim said a squad car came and he was pulled up by a guard. Mr McCarthy was taken by ambulance to University Hospital Limerick.
"I had an X-ray. I was released at 7am / 7.30am. They didn't have a doctor to look at the X-ray. I was told to come back at 11.30am. I suffered a fracture to the bone under my right eye. I required surgery," said Mr McCarthy. A friend who came to visit him in hospital took a photo of his face which was shown to the jury.
Mr O'Sullivan asked him if he had recovered?
"It is four years down the line. I'm recovered. I feel like I have to wear my glasses a lot more. I'm a bit more conscious of it," said Mr McCarthy.
Mr O'Sullivan asked him if he had done anything to anybody on the night to justify "the state of you in the photo?"
"No. I don't think anything justifies it," said Mr McCarthy.
Brian McInerney SC, defence barrister for Mr Hayes, said his client has pleaded not guilty and maintains that claim.
Mr McInerney put it to Mr McCarthy that he “wants a bag of cash”.
“Compensation would be nice. Justice is the most important,” said Mr McCarthy.
Mr McInerney said Mr McCarthy gave evidence that his friend who crossed the road to talk to the other group said “Kyle Hayes wanted to fight you one-on-one around the corner”.
Mr McInerney said that man gave a statement to gardai that says Kyle "didn’t reply”.
“Mr Hayes didn’t say anything. Either you’re wrong or he’s wrong,” said Mr McInerney.
The senior counsel said CCTV footage shows Mr McCarthy with “two arms outstretched”.
“It seems to be a bit odd,” said Mr McInerney, who also put it to the alleged injured party that he didn’t get in a number of taxis or tell gardai in a patrol car, “that fella over there beat me up in the nightclub, hunt down the criminal and get me justice”.
Mr McCarthy said he was waiting for his friend (Mr Cosgrave) and he didn’t think it “would happen again if gardai were on patrol”.
Mr McInerney referred to the conversation with the two young women in Smyth’s.
The senior counsel asked Mr McCarthy if Mr Hayes told him one of the girls was “seeing one of his friends and to leave her alone”.
“I don’t remember. I just remember the abusive parts,” said Mr McCarthy.
Mr McInerney said when Mr McCarthy and Mr Cosgrave went upstairs to the Icon they “just happened to chance upon these two girls again”.
“Mr Hayes came over to you again and said he was sick of you trying to get on with this girl,” said Mr McInerney.
Mr McCarthy said he “wasn’t trying to” (get on with this girl).
Mr McInerney put it to Mr McCarthy that he squared up to Kyle Hayes and pushed him.
“No,” said Mr McCarthy.
Turning to the alleged events outside the nightclub, Mr McInerney said Mr McCarthy’s blood was up.
“You are just trying to do the man (Kyle Hayes) down and damage him. The whole night you were trying to get involved with a young lady. He told you to back off. You didn’t like that. You brought it on yourself. You were waiting open armed. You pounced out of the long grass and attacked. You are the author of your own misfortune,” said Mr McInerney.
“I disagree,” said Mr McCarthy.
Mr Whyms, barrister for Mr Chaudri, said his client, who was 18 at the time, “followed the incident like everybody else” on Upper Denmark Street.
“Somebody directed a racist remark towards him. This annoyed Mr Chaudri. That is why his friend restrained him. He was not involved in the assault on you,” said Mr Whyms.
"I disagree," said Mr McCarthy.
The trial continues with one of the girls, who Mr McCarthy and Mr Cosgrave were speaking to, due to give evidence on Friday morning.