Jury in Kyle Hayes trial urged to consider verdict 'carefully' in closing submissions

A JURY has been urged to give the Limerick hurler Kyle Hayes back his life and to take the “chalice of torture” from his lips and return him to the bosom of his family.

In his closing submission, Brian McInerney SC, barrister for Mr Hayes, asked the jury to consider their verdict carefully.

“You all know who Kyle Hayes is. He is an inter-county hurler. He is well known. You must ignore this. He is not looking for any favours. He is a citizen on trial. He is entitled to nothing less than if you or I were on trial,” said Mr McInerney.

Mr Hayes, aged 25, of Ballyoshea, Kildimo and Craig Cosgrave, aged 24, of Caherelly, Grange have pleaded not guilty to charges relating to offences which are alleged to have happened in the early hours of October 28, 2019.

Mr Cosgrave (pictured below) is charged with one count of violent disorder in the Icon nightclub in Limerick city centre. Mr Hayes, a four-time All-Star, is charged with violent disorder in the Icon nightclub; violent disorder at Upper Denmark Street, and assault causing harm at Upper Denmark Street, Limerick city. The alleged victim is Cillian McCarthy, aged 24, of Tooreen, Ballysimon.

Addressing the jury, Mr McInerney said Mr Hayes acted in self defence inside the Icon nightclub. He said Mr Hayes was  not thrown out of the Icon nightclub and that the alleged victim Mr McCarthy had his arms outstretched on the street “like the statue in Buenos Aires” and was “angry”.

He added: “It is unclear whether there were 30 or 100 people on the street. There was chaos, confusion, a lack of clarity and consistency. There was a shemozzle or shemozzles. The three musketeers arrived (gardai),” said Mr McInerney.

Jury told Limerick hurler denied to gardai he was involved in attack

The barrister said one garda said there were two men on the ground on Upper Denmark Street while the second garda saw one body on the ground. Mr McInerney said the third garda had identified Kyle Hayes from the patrol car earlier in the evening.

The barrister said this garda then said he saw a man being kicked on the ground but did not see Mr Hayes kicking him on the ground.

“Two gardai didn’t know who Kyle Hayes was, maybe they are rugby fans. Was it one man being kicked? Was it two men being kicked? That’s doubt. That’s big-time doubt,” said Mr McInerney.

Mr McInerney also said the injuries to the face of the alleged victim Cillian McCarthy were not consistent with a man “getting an unmerciful kicking”.

Seamus Roche SC, barrister for Mr Cosgrave, said his client was concerned for his and the safety of his friend (Mr McCarthy) in the Icon nightclub.

“He did what any good friend would do. It was the honourable thing to do. The force applied was not unlawful - it was justified. If incidents like this were prosecuted on a regular basis the courts would be stuffed to capacity,” said Mr Roche, who added that his client’s charge is a preamble to what occurred outside (Upper Denmark Street).

Earlier, prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, said in his closing address that it was an unfortunate case as two young men are on trial and another young man suffered injuries.

“The evidence is Mr McCarthy was cowering in the foetal position while a number of men including Kyle Hayes were raining kicks, stamping and punching him. It was good he was in the foetal position or the injuries would have been worse,” said Mr O’Sullivan.

The prosecuting barrister said Mr Hayes took on the role of a policeman in relation to the girlfriend of a friend of his.

“He was marking Cillian’s card. What happened to the principle of minding your own business. Mr Hayes was the aggressor in Smyth’s bar. He adopted the role of a monitor so that she wasn’t stepping out of line,” said Mr O’Sullivan.

Jury told Limerick hurler denied to gardai he was involved in attack

The barrister said the jury can see for themselves the “level of violence” displayed by Mr Hayes from the CCTV in the Icon nightclub.

“It cannot be remotely justified by self defence,” said Mr O’Sullivan.

With regard to the charge of violent disorder against Mr Cosgrave, Mr O’Sullivan said Mr Cosgrave threw punches he could not be justified in throwing.

The barrister said on Upper Denmark Street Mr McCarthy described being pursued by a mob, one of whom was Kyle Hayes.

“Mr Hayes was part of a sustained, vicious and wholly unjustifiable attack on Mr McCarthy based on the evidence of Mr McCarthy and gardai. What does Mr Hayes do? He breaks free from the garda and heads off. In plain terms he ran off because he knew he was in trouble for assaulting Mr McCarthy. His actions are consistent with his guilt,” said Mr O’Sullivan.

Judge Dermot Sheehan is due to deliver his charge to the jury this Thursday afternoon.