Hurler Kyle Hayes told garda to 'f**k off' and ran from fight scene, court hears
Kyle Hayes is charged with assault causing harm and is also accused of two counts of violent disorder. Picture: Brendan Gleeson
Two gardaí have told a court they saw five-time All-Ireland winning hurler Kyle Hayes kicking a man who was lying on the street outside a nightclub in Limerick City.
The All-Star hurler told one of the two gardaí to “fuck off” before escaping the garda’s grip, and fleeing the scene, before being chased and apprehended by gardaí, Limerick Circuit Court heard.
Mr Hayes is charged with assault causing harm to Cillian McCarthy, aged 24, outside the Icon nightclub, Limerick City, on October 28, 2019.
The hurler, who is also accused of two counts of violent disorder on the same night, denies all charges.
Separately, Craig Cosgrave, aged 24, Caherally, Grange, Co Limerick, denies one count of violent disorder.
Detective Garda Dean Landers, of Roxboro Road Garda Station, gave evidence he saw two men on the ground outside the Icon, on Upper Denmark St — one had blood on his face, and the other was surrounded by a group of men, including Mr Hayes, who were “punching and kicking [the man] while he lay on the ground”.
He said Mr Hayes stood out from the rest of the men because “he was the taller of the group”.
The prosecution alleges Mr Hayes and others were involved in a dance floor brawl involving the alleged victim earlier on the night.
It alleged Mr Hayes was upset that Mr McCarthy had spoken to two women at a bar in the club because one of them was seeing one of his friends.
“I saw him [Mr Hayes] throw numerous kicks into the male who was on the ground,” said Det Garda Landers, and he identified the accused hurler in court as the perpetrator.
Det Garda Landers said he heard the man who was being kicked “screaming” for Mr Hayes to “stop”.
Det Garda Landers said he “grabbed” Mr Hayes by his arm and “pulled him away from throwing more kicks” into the man.
“I grabbed him [Mr Hayes] and identified myself as a member of An Garda Síochána and I told him to stay there.
“He told me to fuck off, and he pulled his arm, at force, away from my grip, and then he turned and ran.”
Det Garda Landers, who was dressed in plain clothes, said he “chased” after Mr Hayes on foot, repeatedly shouting at him “stop — garda”, but Mr Hayes “kept running”.
Det Garda Landers said he eventually arrested Mr Hayes after he “cut him off” after he spotted the Limerick sportsman running into the Watergate Flats area of the city.
He said Mr Hayes “made no reply” after he cautioned him under the Public Order Act.
“He gave me his name as Kyle Hayes.”
Det Garda Landers said he had witnessed Mr Hayes “kicking” a man on the ground with a “high level of force”.
“He was swinging kicks directly into the male, all over his body. The male was curled up into the ground while receiving kicks.”
He said a number of others had also surrounded the man, but his “focus” was on Mr Hayes, whom he described as “the taller man” and who he suspected was the “main culprit” because of the “ferocity” of his kicks.
Mr Hayes was taken to Henry Street Garda Station and processed through the custody suite at 1.38am before being initially released without charge.
Under cross-examination by Mr Hayes’ barrister, senior counsel Brian McInerney, Det Garda Landers said Mr Hayes was the “person causing the damage” to a man on the ground.
He said while he was perhaps not as fit as the All-Ireland winning hurler he had “outsmarted him on the night” by “cutting him off” in an alleyway at Watergate Flats.
Det Garda Landers said he did not know Mr Hayes's brother Cian Hayes who Mr McInerney said was also over six feet tall.
Mr McInerney put it to Det Garda Landers that Cian Hayes was in the vicinity of the alleged attack on the night and he was previously charged with violent disorder but that the Director of Public Prosecutions had later withdrawn the charge.
Mr McInerney argued that it was Cian Hayes who came “under attack” on the night and that Kyle Hayes “went to his brother’s assistance”.
Garda Daniel O’Riordan, of Roxboro Road Garda Station, who arrived on the scene along with Det Garda Landers, in an unmarked Garda patrol car, gave evidence he saw Kyle Hayes kicking a man on the street on the night.
Garda O’Riordan said he saw between 10 and 12 men fighting on the street.
One man was lying on the street covering his head with his hands and surrounded by three men, including Kyle Hayes, who were “raining kicks into him”, said Garda O’Riordan.
When asked by the prosecution counsel, John O’Sullivan, if he was in any doubt that Kyle Hayes was kicking the man, Garda O’Riordan replied: “Absolutely no doubt about it.”
“I observed him draw back and kick a man who was lying on the ground, kicking forward into the man’s head and shoulder area twice.”
Garda O’Riordan said he saw Kyle Hayes “break away” from Det Garda Landers's “grip” of him, and that he ran from the scene.
He said he joined Det Garda Landers in the chase along Upper Denmark St, into High St, past the Milk Market, through Mungret St, and into a series of “laneways” at Watergate Flats.
Under cross-examination by Mr McInerney, both Det Garda Landers and Garda O’Riordan said they had not witnessed what had led to the attack on the man on the street, nor had they seen who had struck the first blow.
Gardaí agreed there was “chaos” and “shouting” and “roaring” and crowds of people on the street at the time.
Garda O’Riordan told Mr McInerney: “I’m not confused by what I saw, I saw Kyle Hayes — he was most identifiable.”
