ON WEDNESDAY MORNING, Judge Dermot Sheehan delivered his sentence to Limerick hurler Kyle Hayes: a fully suspended jail term for two years following his conviction for violent disorder at a nightclub five years ago, an incident which had lasting ill-effects for self-employed carpenter Cillian McCarthy.
Hayes was ordered to pay the victim €10,000 for injuries and loss of earnings since the incident in October 2019.
Is Hayes lucky? Undoubtedly.
Was this an ordeal for him? Certainly.
Does he deserve any sympathy?
As somebody who pleaded not guilty to the charges, it is tough to agree he has “taken responsibility for his actions” as claimed by Limerick manager John Kiely, who in January asked the court to give Hayes “a second chance”; indeed, prosecuting counsel pointed out to Kiely the disconnect between taking responsibility and a not guilty plea.
In time, Hayes might fully reckon with his actions; he might apologise to McCarthy. For now, he gets to resume his sporting career, one that has brought five All-Ireland titles to someone who is still only 25.
It is worth briefly recapping Hayes’ offences.
He faced one charge of assault, and two charges of violent disorder, relating to McCarthy, for incidents that happened inside and outside the Icon nightclub in Limerick during October 2019.
The prosecution, led by counsel John O’Sullivan BL, alleged that McCarthy had spoken to two young women in Smyth’s Bar and Hayes had reacted aggressively, telling him to “Stay the f**k away”.
O’Sullivan said that when McCarthy explained he was friends with the women, Hayes “got in his face and shouted ‘Do you know who the f**k I am… I’m getting sick of you, I’m going to dig the head off you.’”
Thereafter, McCarthy alleged that he was attacked on the dancefloor of the Icon nightclub. Bouncers reacted to the scene and ejected all from the premises.
Hayes denied the allegations that he had kicked, stamped and punched McCarthy outside. Two gardaí gave evidence of having seen Hayes kicking a man on the ground.
The CCTV footage on the night also captured this.
Hayes was found guilty by a jury last December of two violent disorder offences – but not guilty of the assault.
***
There are some inside Limerick and many outside the county who would be happy if Kyle Hayes never hurled a single game in the green jersey again.
There are others who might wonder what many of his teammates think of it all.
Limerick are that rare thing in the GAA – a widely popular dominant force. The actions of Hayes are easily the most difficult situation they have had to face.
But in the four-and-a-half years since it occurred, they might have rationalised it as individuals or a group. You’d imagine Hayes’ lack of experience about the world around him would have been cited.
Just 21, he was already an All-Ireland winning hurler, having gone from late adolescence into the structured and cosseted world of intercounty GAA.
This is not always a healthy thing. The “Do you know who I am” line quoted in court is a clear indication of someone struggling to come to terms with their fame and the certain obligations that brings. The stupidity of youth is not an excuse, but one everyone is familiar with.
John Kiely put himself out there for Hayes. He appeared as a character witness and told the Judge that Hayes “deserves a second chance”, and that he had “paid a heavy price”, adding that he had, “taken responsibility for his actions,” prompting prosecuting counsel to remind Kiely of Hayes’ not guilty plea.
Kiely’s appearance in court must have been a personal challenge. Kiely said he was “not in the slightest” condoning what Hayes did on the night and accepted that he had “let down” his family, teammates, and his loyal young fans “who look up to him”.
He brought Hayes into his Limerick side as a teenager. Anyone who has experienced life inside the bubble of a team like Limerick, with all the success and work that went into their achievements, knows the bonds created aren’t easily unravelled.
He brought Hayes back for a league game against Dublin in February. His name was cheered by some Limerick fans at Croke Park.
It is far from an unlikely scenario that Hayes and Limerick will win another All-Ireland title in July.
On the day of this hypothetical All-Ireland win, the speeches will hardly deviate from the usual narrative. The ticker tape will blast out of the Hogan Stand. The Cranberries’ Dreams will be cranked up on the speakers.
A homecoming will follow, and the Liam MacCarthy Cup will bring and spread joy.
And somewhere, somebody might spare a thought for Cillian McCarthy.
During the trial, the court heard that Mr McCarthy been left suffering persistent and severe headaches, blurred vision and underwent surgery for a fractured bone to his right eye. He is reluctant to socialise. The degenerates of social media have taunted him.
In his victim impact statement, he said: “My biggest fear has been returning to socialising in Limerick again for fear I would meet these people again.”
He said that before the attack, he was “easy going, hard working, enjoying life, loved playing sport, was ambitious”, but since the night in question, “all this changed”.
Hayes now has some form of closure following his sentencing.
For McCarthy, the victim, this is less possible.
– Updated 9.22pm: An earlier version of this article incorrectly referred to comments made by Judge Dermot Sheehan to Limerick manager John Kiely at a sentencing hearing in January; those comments were made to Kiely by prosecuting counsel John O’Sullivan, BL.
