FIVE-TIME ALL-IRELAND winning Limerick hurler Kyle Hayes “kicked and punched” a man who was lying defenceless on a street, after becoming “upset” that the man had spoken to two women in a nightclub he was socialising in, a court heard today.

Hayes “fled’ from the scene of the alleged “attack”, outside the ICON nightclub, Upper Denmark Street, Limerick City, and was arrested by gardaí a short time later, it was heard.

Two gardaí allegedly witnessed Hayes and others attacking the alleged victim outside the nightclub on 28 October 2019.

Hayes (25), of Ballyashea, Kildimo, Co Limerick, went on trial today before Limerick Circuit Criminal Court, charged with one count of assault causing harm to Cillian McCarthy (24), of Toureen, Ballysimon, Co Limerick, outside the ICON nightclub, in the early hours of the morning in question.

The four-time All-Star Limerick hurler is also charged with two counts of committing violent disorder, including earlier on one occasion inside the nightclub, and later on during the alleged street attack on McCarthy.

A co-accused, Craig Cosgrave (24), of Caherelly, Grange, Co Limerick, is charged with violent disorder inside the ICON nightclub on the same date.

A third accused, Jai Chaudri (22), of Carheeny, Kildimo, is also charged with assault causing harm to McCarthy and with one count of violent disorder outside the ICON on the same date.

All three have pleaded not guilty to all of the charges.

Prosecution Counsel, John O’Sullivan BL, told the jury they would hear evidence that Cillian McCarthy, whom he described as a “hard working, honest and truthful” qualified carpenter, had been socialising in the ICON, in the company of Craig Cosgrave “who at the time, was a friend of his”.

“Cillian McCarthy got talking to two girls, and it appears that Kyle Hayes was upset about this; it didn’t sit well with him (Kyle Hayes),” O’Sullivan said.

“Putting it in plain terms, Cillian McCarthy was set upon by Kyle Hayes and others, and numerous punches were thrown.”

O’Sullivan told the jury they would see CCTV footage harvested by gardaí from the nightclub and other local bars and clubs “which will tell you what happened”.

“It is the prosecution’s case that Kyle Hayes and others pursued Cillian McCarthy outside the nightclub and that Kyle Hayes attacked Cillian McCarthy on the public street.”

O’Sullivan said Jai Chaudri joined Hayes in assaulting McCarthy, while he lay on the ground, and that Cosgrave had been involved in using or threatening to use unlawful violence against McCarthy, which caused the alleged victim to be in fear for his life.

O’Sullivan said there was no CCTV footage of the alleged attack on the street, but that two gardaí, who “are very important witnesses”, and who were on the scene at the time, “will give evidence that they saw Kyle Hayes and others punch and kick Cillian McCarthy while he was down on the ground”.

“You will hear evidence that Kyle Hayes fled the scene and he was captured (by Gardaí) a short time later.”

McCarthy suffered a number of facial injuries including “a fracture” to his right eye socket.

“None of these accused men had been under any threat whatsoever…and the violence inflicted on Cillian McCarthy was totally unjustified”.

In summing up his introduction, O’ Sullivan said: “Cillian McCarthy offended Kyle Hayes by simply engaging in conversation with two girls – that’s it, that’s what started it all off.”

Turning to the jury, he added: “Yes, you might say this was trivial, but sadly the actions of Kyle Hayes and others was not trivial…there wasn’t the slightest justification or the violence inflicted on Cillian McCarthy.”

The trial continues before judge Dermot Sheehan

Written by David Raleigh and posted on TheJournal.ie