All-Star hurler 'attacked' man over conversation with two girls in nightclub, trial hears

A YOUNG man was “set upon by Kyle Hayes and others with numerous punches thrown” in a nightclub and later “pursued outside the nightclub and attacked”, a trial has heard.

The trial of three men commenced at Limerick Circuit Criminal Court this Tuesday morning.

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 to Cillian McCarthy, who was aged 20 at the time, of Tooreen, Ballysimon and originally of Hill Top, St Patrick’s Road, Limerick city.

Mr Chaudri is charged with violent disorder at Upper Denmark Street and assault causing harm to Mr McCarthy at Upper Denmark  Street.

Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, said in his opening address to the jury that the three accused enjoy the presumption of innocence and the prosecution has to prove the case.

“You will try the case based on the evidence,” said Mr O’Sullivan.

Mr O’Sullivan said the jury will hear that the alleged victim - Cillian McCarthy - was on a night out and ended up in the Icon nightclub.

“He was in the company of Craig Cosgrave who was at the time a friend of his. Cillian had been talking to two girls. In plain terms, Kyle Hayes was upset about this" said Mr O'Sullivan, who later added that "Cillian McCarthy offended Kyle Hayes by simply engaging in conversation with two girls - it started the whole thing off".

"In plain terms he (Mr McCarthy) was set upon by Kyle Hayes and others. Numerous punches were thrown,” said Mr O’Sullivan.

The barrister said it is the prosecution case that Kyle Hayes and others pursued Mr McCarthy outside the nightclub and Kyle Hayes “attacked Mr McCarthy on a public street - Upper Denmark Street”.

“It is the prosecution case that Mr Chaudri was a participant. CCTV does not extend to capture the actual attack. It shows the lead up to it and events after the attack.

"Two very important witnesses, Detective Garda Dean Landers and Garda Daniel O’Riordan, it is anticipated will say they saw Kyle Hayes and others punch and kick Cillian McCarthy while he was on the ground.

"Kyle Hayes fled the scene and was captured a short time later,” said Mr O’Sullivan, who added that Mr McCarthy suffered a fracture of the right orbital which is the area underneath the eye.

"The use of violence by the three men was totally unjustified," he added.

The prosecuting barrister concluded his address to the jury of seven men and five women by saying the prosecution has to prove the charges beyond a reasonable doubt.

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

Mr Hayes is represented by Brian McInerney SC, appearing with Joseph McMahon BL, instructed by solicitor Sarah Ryan.

Pat Whyms BL, instructed by Sarah Ryan, is acting on behalf of Mr Chaudri.

Before the trial judge, Dermot Sheehan, broke for lunch, he told the members of the jury not to Google the trial or go on social media.

“Don’t bother reading the newspapers. If anybody asks what you are up to, tell them ‘I am on a jury’. That is as far as you can go. The only evidence happening is in this courtroom,” said Judge Sheehan.

The trial, which is expected to last into next week, continues.