Appeal against dangerous driving conviction delays hearing on Kyle Hayes's suspended sentence
Brendan At Gleeson Court Driving Convicted District September Of Dangerous Kyle Was Hayes Picture: Mallow In
Star hurler Kyle Hayes must wait until December to hear whether he will be sent to jail as a suspended sentence for violent disorder may be activated following a recent driving conviction in Cork.
The five-time All-Ireland winning hurler’s case was adjourned in Limerick Circuit Criminal Court on Monday as an appeal of his dangerous driving conviction has been lodged.
A Section 99 hearing, which could allow the Circuit Court to trigger Hayes’ two-year suspended sentence for violent disorder could not proceed due to the appeal, Barrister for Hayes, Brian McInerney SC, said.
And no date has been fixed for the appeal of the dangerous driving charge, which would take place in Cork Circuit Court, Mr McInerney said.
The “court's hands were tried” regarding a date for the appeal, solicitor for the State, Padraig Mawe, said, as it was an appeal of a decision in Mallow District Court. Judge Elva Duffy agreed to adjourn the Section 99 hearing until December 9.
Mr McInerney requested the “liberty” to change that date from a live hearing to a mention depending on progress with the appeal of the driving conviction.
Hayes, 26, from Ballyashea, Kildimo, Co Limerick, was convicted of dangerous driving at Mallow District Court in September.
Judge Colm Roberts banned Hayes from driving for two years and fined him €250 after finding him guilty of one count of dangerous driving on the N20 Cork-Limerick road, on July 14.
But that conviction may now trigger a two-year suspended sentence for violent disorder after a young man was attacked inside and outside a Limerick nightclub. Hayes was sentenced to two years in prison for violent disorder by Judge Dermot Sheehan in March.
Hayes had pleaded not guilty to two violent disorder charges and one charge of assault causing harm to Cillian McCarthy in and outside the Icon nightclub in Limerick on October 28, 2019.
However, he was convicted by a jury at Limerick Circuit Criminal Court last December of two counts of violent disorder. He was found not guilty of assault. Judge Sheehan said it would be “of no benefit to society” to give Hayes an immediate custodial sentence and suspended it.
But a conviction for dangerous driving may now activate that sentence. Section 99 of the Criminal Justice Act 2006 allows the Circuit Court to decide whether to activate a suspended sentence.