Character witnesses do not usually face cross examination from the prosecution during sentencing hearings, much less questioning from the judge.
In the normal course of events they tell the court about a defendant’s wonderful character and intense regret before stepping down from the witness box.
This was not the case when Limerick senior hurling manager John Kiely came before Limerick Circuit Criminal Court on Friday to speak in favour of Kyle Hayes, his All-Star wing back.
Hayes (25), from Ballyashea, Kildimo, faces a possible prison sentence after his conviction on two counts of violent disorder which left Cillian McCarthy (24) with serious injuries. He was acquitted of assault causing harm.
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The prosecution say on the night of October 28th, 2019, while socialising in Limerick city, Hayes appointed himself a “policeman” in charge of making sure nobody made an approach to his friends’ girlfriends.
When he spotted Mr McCarthy chatting to one of the women, he became aggressive and asked “Do you know who I am?” A short time later, Hayes and his friends launched an unprovoked attack on Mr McCarthy before they were all ejected from the nightclub by bouncers.
Once outside, Hayes’ group continued the assault. Mr McCarthy was chased down the street before being punched and kicked while lying helpless on the ground. The attack ceased when gardaí arrived and Hayes fled.
Mr McCarthy required surgery to fix facial injuries. He says he still gets severe headaches, fears socialising and has been abused on social media.
As part of a lengthy mitigation plea, Brian McInerney SC submitted testimonials from the well-known horse trainer Jim Bolger, who described Hayes’ “huge part” in raising funds for cancer research, along with letters describing his educational, employment and charity achievements.
However, it was the testimony of Mr Kiely, who has led Limerick to five senior All-Ireland titles, that stood out. He told the court he had known Hayes for seven years and spoke to him nearly daily. Hayes was trustworthy, had a strong work ethic and was “someone who puts the team first and himself last”, he said.
Hayes “is someone you could always rely on in the most difficult of circumstances”. He had accepted responsibility and deserved a second chance, the manager said.
The past four years had not been easy for the young man, Mr Kiely said. The situation “is a lot to carry” and the media attention has been “extremely difficult”.
Mr Kiely said he had viewed CCTV footage of Hayes’ actions that night and found them “very disappointing”. He agreed with Mr McInerney that he in no way condoned Hayes’ actions that night but said he had paid “a heavy price” for them.
Once Mr Kiely finished, prosecuting counsel John O’Sullivan BL rose to his feet. “I’m somewhat at a loss as to your evidence that he takes responsibility,” he said.
If Hayes had indeed “accepted responsibility”, why did he plead not guilty, the barrister asked, as this would have spared the need for a two-week trial. Mr Kiely replied it was his opinion that Hayes had accepted responsibility.
The barrister was not finished. Mr Kiely had said Hayes informed him about the incident within 24 hours. How could that be so when the accused told his trial he could not remember the bulk of what happened that night?
“I’m here to express an opinion of his character,” Mr Kiely replied.
Regarding his view that the accused deserves a second chance, surely Mr McCarthy also deserved to be able to enjoy a night out without being subject to an unprovoked attack, Mr O’Sullivan asked.
“Of course,” Mr Kiely replied.
“There’s an element here of ‘what a tangled web we weave’,” added Mr O’Sullivan.
Judge Dermot Sheehan took over questioning and seemed to focus on Mr Kiely’s description of the incident as a “mistake”.
Hayes had ample opportunity to leave the area after the first incident of violent disorder inside the crowded nightclub. Yet, he followed the victim down the street while “aggressively” asking him his name.
Judge Sheehan asked how many hours a week players like Hayes spent in training. “About 30,” Mr Kiely replied.
Did such a heavy training burden leave Hayes “sheltered from the realities of life”, the judge wondered aloud. Perhaps if he had the chance to socialise more, he would have had the good sense to leave the scene.
“This was a person who, for all his achievements, had limited socialisation,” added the judge.
Mr Kiely did not seem sure how to answer, but he agreed Hayes was quite young at the time.
“What happened was out of character. But it happened,” he said.
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