A man on a night out in Limerick was subjected to a "vicious assault" in a local nightclub, a court hearing the trial of three men, including All-Ireland winning Limerick hurler Kyle Hayes, has been told.
Mr Hayes, 25, with an address at Ballyashea, Kildimo in Co Limerick, has denied two violent disorder charges and one charge of assault causing harm to Cillian McCarthy, 24.
Jai Choudri, 22, of Carheeny, Kildimo, denies an assault causing harm charge and one violent disorder charge.
Craig Cosgrave, 24, from Caherally, Grange, Co Limerick, denies one charge of violent disorder.
All charges arise from events alleged to have happened early on 28 October 2019, in and outside the Icon nightclub on Upper Denmark Street, Limerick.
Limerick Circuit Court heard yesterday that the alleged injured party, Mr McCarthy, was "set upon" in the nightclub by Mr Hayes and others, after Mr Hayes took exception to Mr McCarthy talking to two women, and that several punches were thrown.
It also heard that Mr McCarthy was attacked outside the nightclub on the street and seen by two gardaí being kicked and punched while on the ground by Mr Hayes and another male.
Cross-examination of Detective Garda Barry Moylan by senior counsel Brian McInerney, who is representing Mr Hayes, continued today in relation to CCTV footage shown to the jury from inside and outside the nightclub early on 28 October 2019.
Mr McInerney put it to the detective that the alleged injured party, Mr McCarthy, was "ejected" from the nightclub after a row on the dancefloor involving several people.
"If you look at the CCTV footage we played yesterday, we see Mr McCarthy initially brought out onto the street by the bouncers and he's subsequently brought back in again," Detective Moylan replied. "You would have to say he is not being ejected as such."
He added that Mr McCarthy had just been the subject of a "vicious assault" in the nightclub, just before he was brought outside.
"Whether he's being ejected or assisted, I can’t say, but he was certainly, I would say, unsteady on his feet after what had just transpired," he said.
Mr McInerney put it to the witness that there was "quite a large number of people bopping the night away in the Icon nightclub" prior to the row, and the witness agreed.
He said that in one CCTV clip from the dancefloor Mr McCarthy can be seen "weaving his way across the dancefloor towards people towards the lower left hand side" and that he is "moving forward, in the direction of where my client [Kyle Hayes] is enjoying his night out".
The garda replied: "I don't think so." He added that two females who were talking to Mr McCarthy and Mr Cosgrave earlier can be seen making their way across the dancefloor.
He said that both men, Mr McCarthy and Mr Hayes, can be seen "moving on the dancefloor, based on the footage".
Mr McInerney put it to the witness that Mr McCarthy could be seen on CCTV interacting with another man on the dance floor and the other man "pulled away".
Detective Moylan said he did not think the other man had been pushed, but that Mr McCarthy acted to "create distance" between them. "I don't think he pushes anyone in it."
Mr McInerney said: "He wasn't shaking hands with him," and the detective agreed.
He also agreed that security staff could be seen removing people from the nightclub but that Mr Hayes was not removed from the nightclub by security staff.
Cross-examining the witness, Patrick Whyms BL, for Mr Choudri, put it to him that there were no allegations made against Mr Choudri about incidents inside the nightclub.
Detective Moylan agreed and also said he believed it was the case that Mr Choudri had not been inside.
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