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Kyle Hayes, (25), of Ballyahsea, Kildimo, Co Limerick, is on trial earlier than the Limerick Circuit Felony Courtroom, charged with assault inflicting hurt to Cillian McCarthy, (24), from Toureen, Ballysimon, Limerick, outdoors the ICON nightclub, Higher Denmark Road, Limerick Metropolis, on October 28, 2019.
Mr Hayes, a four-time All Star, can be charged with one depend of committing violent dysfunction contained in the nightclub and one depend of committing violent dysfunction outdoors the venue, on the identical evening.
A co-accused, Jai Chaudri, (22), of Carheeny, Kildimo, Co Limerick, is charged with assaulting Mr McCarthy inflicting him hurt, and one depend of committing violent dysfunction outdoors the ICON nightclub, on the identical date.
A 3rd accused, Craig Cosgrave, (24), of Caherally, Grange, Co Limerick, is charged with one depend of committing violent dysfunction contained in the ICON on the identical date.
All three accused deny the costs.
Outlining the State’s allegations on Tuesday, prosecuting counsel, John O’Sullivan BL, informed the court docket that Cillian McCarthy “received speaking to 2 women, and it seems that Kyle Hayes was upset about this, it didn’t sit properly with him [Kyle Hayes]”.
“Placing it in plain phrases, Cillian McCarthy was set upon by Kyle Hayes and others, and quite a few punches had been thrown.”
Mr O’Sullivan stated it was the prosecution’s case “that Kyle Hayes and others pursued Cillian McCarthy outdoors the nightclub and that Kyle Hayes attacked Cillian McCarthy on the general public avenue”.
Jai Chaudri joined within the assault outdoors the ICON, Mr O’Sullivan alleged.
Mr O’Sullivan stated the court docket would hear proof from two Gardaí who would “give proof that they noticed Kyle Hayes and others punch and kick Cillian McCarthy whereas he was down on the bottom”.
“You’ll hear proof that Kyle Hayes fled the scene and he was captured [by Gardai] a short while later.”
“Cillian McCarthy offended Kyle Hayes by merely participating in dialog with two women – that’s it, that’s what began all of it off,” Mr O’Sullivan stated.
Some disagreement arose in court docket at this time when defence barrister for Kyle Hayes, Brian McInerney SC, cross-examining Limerick-based Detective Garda Barry Moylan, prompt that CCTV footage performed by the detective garda of the aftermath of the dance flooring brawl, appeared to point out the alleged sufferer, Cillian McCarthy, being “ejected” from the ICON by the membership’s safety workers.
Detective Garda Moylan stated he couldn’t definitively say if Mr McCarthy was being ejected, however argued that he might have been “assisted” out of the venue by safety workers as he was “actually, unsteady on his toes” as he had suffered a “vicious assault” on the dance-floor.
Detective Moylan agreed with Mr McInerney that it appeared from the footage which was performed in court docket, that the ICON’s safety workers had been “eradicating individuals from the premises, however my shopper (Kyle Hayes) wasn’t eliminated by safety workers”.
Detective Moylan, who was taking part in clips of the CCTV footage to the court docket, disagreed with Mr McInerney that Mr McCarthy appeared to “push any individual backwards” on the dance flooring of the membership previous to brawl breaking out.
Decide Dermot Sheehan remarked that an “excellent characteristic” of the CCTV footage of the brawl was that “a younger girl continues dancing in the midst of all of this”.
Detective Moylan stated Mr McCarthy was “the topic of an assault by a variety of males”.
On Tuesday the detective said the CCTV footage confirmed a variety of punches being thrown on the dance flooring by a variety of individuals “together with Kyle Hayes”.
He stated it appeared Kyle Hayes and one other male had “instigated” the brawl.
The alleged sufferer, Cillian McCarthy, is predicted to offer direct proof to the court docket when the trial resumes on Thursday
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