The appeal brought by Limerick hurler Kyle Hayes in the case where he was banned from driving for two years for dangerous driving was adjourned on Wednesday until March 12, 2025.
This will result in a further delay of the application to have the suspension revoked in whole or in part in respect of his two-year suspended sentence on two counts of violent disorder at the Icon nightclub, Limerick, on October 28, 2019.
State solicitor Jerry Healy made the application for the adjournment which was on notice to the defence. “Quite a few cases have to be adjourned because the list was so long,” Mr Healy explained.
Judge Helen Boyle adjourned this and other cases to March 12, 2025, when Cork Circuit Appeals Court will deal with Mallow cases.
The more recent dangerous driving conviction triggered the possible activation of the older two-year sentence. When that particular issue was last mentioned it was stated that it could not be determined until the outcome of the dangerous driving appeal was decided.
Now that the dangerous driving matter has gone back to March 2025 the more serious issue about whether Mr Hayes of Ballyashea, Kildimo, Co Limerick, will face any period of imprisonment for the violent disorder cannot go ahead until after March 12.
Suspended prison sentences can be activated in whole or in part when the defendant commits another offence afterwards. However, this activation has to be decided in the court where the suspended sentence was first imposed. How serious the new triggering offence was will be considered by the judge.
Mr Hayes’s driving ban was imposed when he was convicted of dangerous driving after being detected driving at 155km/h on a dual carriageway travelling towards Mallow on July 14. The court heard he overtook nine cars on the dual carriageway in his white Audi A6, which was detected travelling at 155km/h in a 100km/h zone.
Judge Colm Roberts gave him a mandatory two-year driving ban and fined him €250, with three months to pay.
The conviction is now a trigger for Hayes's previous matter where he was convicted at Limerick Circuit Criminal Court on two counts of violent disorder after a young man was attacked inside and outside a nightclub, for which he was given a two-year suspended sentence in March. That case will now return to Limerick Circuit Criminal Court.
The driving offence was detected by Garda Deirdre Barrett at a checkpoint on the N20 at Lissavoura, Grenagh at 7pm on July 14.