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Limerick hurler Kyle Hayes 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 March a two-year suspended sentence was imposed on Hayes (26) after he was convicted of two counts of violent disorder at the Icon nightclub, Limerick, on October 28th, 2019.
The five-time All-Ireland winning hurler appeared before Limerick Circuit Criminal Court on Monday, 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 because Hayes was appealing the conviction for dangerous driving.
The appeal will be heard before Cork Circuit Criminal Court, Mr 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 December 9th with liberty for the prosecution to apply to have the matter adjourned for mention in advance of December 9th.
Hayes, of Ballyashea, Kildimo, Co Limerick, was convicted by a jury in December 2023 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.
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.
Judge Sheehan suspended Hayes’s two-year sentence provided he not reoffend 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.
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.
A date for Hayes’ appeal has yet to be set.
His suspended sentence hearing will take place on a date after the appeal hearing.