A witness has told a trial at Limerick Circuit Court that he remembers seeing a group of men kicking and punching his friend Cillian McCarthy when he was on the ground outside the Icon nightclub in Limerick in the early hours of 28 October 2019.
The Limerick All-Ireland winning hurler, Kyle Hayes, 25, with address in Kildimo, Co Limerick is on trial accused of assaulting Mr McCarthy causing him harm and two charges of violent disorder that night.
Another man Craig Cosgrave, 24, with an address at Grange, Co Limerick is accused of violent disorder that night.
Both men deny the charges.
Conor Mulqueen had gone out that night to Smyths bar and to the Icon nightclub in the company of friends Mr McCarthy and Mr Cosgrave.
He said there was a lot of commotion outside the nightclub and it became clear there were a few men kicking and punching Mr McCarthy who was on the ground, and that this went on for a minute or so, only stopping when two gardaí arrived on the scene.
He said he saw Mr Cosgrave running away.
Mr Mulqueen said he went over to Mr McCarthy and his face was covered in blood and he got a fright when he saw him.
He said an ambulance was called and he along with a young female friend accompanied Mr McCarthy in the ambulance to the hospital.
Under cross-examination he said he did not recognise any of the people kicking Mr McCarthy, nor did he see what led up to it.
Witness evidence
Another witness, Kila Curran Coleman, said she remembered a fight breaking out in the Icon nightclub that night and she could see people pushing and shoving each other.
She said the two people she recognised during this fracas were Mr McCarthy and Mr Hayes.
She said she recognised Mr Hayes as a Limerick hurler.
Outside the Icon nightclub she saw Mr McCarthy running up the street being chased by what looked like ten to 15 men, and it looked like they were looking for a fight.
She advised her friend Mr Mulqueen not to get involved as she feared they would get hurt.
She said the fight was happening a distance away from her and she did not see how it started.
Another witness, Fiona Cowhig, told the trial that Mr Hayes was among a group of between eight to nine men who were kicking and hitting Mr McCarthy close to the Icon nightclub.
She said she had met Mr McCarthy earlier that night outside another pub - the Black Rabbit - and he had a black eye and blood on his face and jumper.
He told her he and his friend Craig Cosgrave had been in a fight, and that Mr Hayes was the man who hit him.
Later that night Mr Hayes was among a group of men standing outside Nancy Blake's bar, also in the vicinity, and there was shouting between this group and Mr McCarthy replied, but she could not be specific about what he said.
Then another fight broke out on the street close to the Icon. Ms Cowhig said "a group of lads" came over and grabbed Mr McCarthy by the jumper and hit him. She said it was a big fight and she saw Mr McCarthy on the ground and people were kicking and hitting him. She did not see anybody specifically but punches were being thrown.
She said the only person she would have known in this group was Mr Hayes.
Medical evidence presented to the jury stated that Mr McCarthy had bruising and a laceration to his eye on admission to hospital that night, and that he had to have surgery for a fracture to his eye socket. He has a scar and is going to need constant medical reviews as he still suffers numbness to his eye and some double vision.
Garda evidence
Two gardaí who were on duty around the Icon nightclub in the early hours of 28 October 2019 told the trial how they witnessed Mr Hayes punching and kicking another man who was lying curled up on the street.
Detective Garda Dean Landers said in evidence he observed a very tall man about 6'4" or 6'5" throwing numerous kicks to a man on the ground.
He said he got out of the squad car and grabbed this man by the sleeve, to prevent him from throwing further kicks. He said he identified himself as a garda and the man he grabbed told him to 'F*** off'.
Garda Landers said this man ran from the scene and was chased. When he finally caught up with him, he was arrested.
The man was Kyle Hayes, and he gave his name as Kyle Hayes.
He said this was the man he had observed earlier kicking another man on the ground with a high level of force, who was shouting at him to stop.
He was accompanied on duty that night by Garda Danial O’Riordan who also identified Mr Hayes as the man he saw drawing back and kicking a man who was on the ground in the head and upper body, at least twice. He said he identified him in particular because of his size, and because of the force of the kicks he was using.
He said he had absolutely no doubt at all that this man was Mr Hayes, the accused man.
The trial before a jury of seven men and five women is continuing before Judge Dermot Sheehan.