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File photo of Kyle Hayes. EVAN TREACY/INPHO
Limerick Circuit Criminal Court

Kyle Hayes must wait until at least December to find out if he will be jailed

The Limerick hurler’s conviction for dangerous driving, which he is now appealing, may trigger a two-year suspended sentence for violent disorder.

LIMERICK HURLER KYLE Hayes found out today he will have to wait until at least December to find out if he is going to jail after he was convicted of violent disorder at a Limerick nightclub.

Last December, a two-year suspended sentence was imposed on Hayes (26) after he was convicted of two counts of violent disorder at the Icon nightclub in Limerick on 28 October 2019.

The five-time All-Ireland winning hurler appeared before Limerick Circuit Criminal Court today, for re-entry of the two-year suspended sentence which was triggered last month after Hayes was convicted of dangerous driving before Mallow District Court.

Senior counsel Brian McInerney, acting for Hayes, told Limerick Circuit Criminal Court that the Section 99 hearing could not be heard today because Hayes was appealing the conviction for dangerous driving.

The appeal will be heard before Cork Circuit Criminal Court, McInerney told Judge Elva Duffy.

State Solicitor for Limerick City Padraig Mawe said the courts hands were “tied” and that the matter would have to go back to the Director of Public Prosecutions to finalise.

Judge Duffy adjourned the Section 99 suspended-sentence hearing to 9 December, with liberty for the prosecution to apply to have the matter adjourned for mention in advance of 9 December.

Hayes, of Ballyashea, Kildimo, Co Limerick, was convicted by a jury in December 2019, of one count of violent disorder on the dance-floor of the Icon nightclub, as well as one count of violent disorder outside the nightclub on the same date.

Hayes, who had pleaded not guilty to the two offences, was acquitted of a third alleged offence, of assault causing harm to injured party Cillian McCarthy, inside the nightclub on the same date.

At his sentencing hearing, Hayes was also ordered to pay McCarthy, a qualified carpenter, €10,000 in compensation for his injuries and loss of earnings due to the juries he sustained on the night of the violent disorder.

Limerick hurling manger John Kiely gave a charachter reference for Hayes at his sentencing hearing, and he asked judge Dermot Sheehan not to jail his star attacking defender.

“Every young man deserves a chance,” Kiely told Judge Sheehan.

Cillian McCarthy told the court he had to have surgery to repair a fractured bone in the socket of his right eye. He said he also suffered bruising, severe headaches, blurred vision, and psychological trauma.

McCarthy told the court he had also received hateful messages from people on social media and “photos of me were circulated on social media with nasty comments”.

Judge Sheehan suspended Hayes’s two-year sentence provided he not re-offend within a two year period.

Last month, Hayes was convicted of dangerous driving by judge Colm Roberts at Mallow District Court after he pleaded not guilty to the charge.

Hayes had offered a plea to a lesser offences of careless driving. However Judge Roberts did not accept this, and he convicted Hayes of one count of dangerous driving on the N20 Cork Limerick road, on 14 July last.

Judge Roberts disqualified Hayes from driving for two years and fined him €250 and found him guilty of driving 150kmh in a 100kmh speed limit zone at Lissavoura, Grenagh, near Mallow, Co Cork.

Garda Deirdre Barrett told the court she had observed Hayes’s 191-registered white coloured Audi A6 overtaking nine other vehicles at high-speed on approach to a section of the road which narrows from two lanes to one lane.

When she pulled the car over Hayes was in the driver’s seat carrying a passenger.

In sentencing hayes, Judge Roberts told the talented hurler: “Speed kills, and this was excessive and dangerous speed.”

“There are too many deaths on the roads, and he (Hayes) might think he’s the chosen one and that things won’t go wrong for him, but things do go wrong,” the judge said.

A date for Hayes’ appeal has yet to be set.

His suspended sentence hearing will take place on a date after the appeal hearing.

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