Kyle Hayes may face possible violent disorder sentence re-activation

However, an application was made at the conclusion of this hearing by Sergeant Majella O’Sullivan to have Hayes, from Ballyashea, Kildimo, Co Limerick, returned to Limerick Circuit Court, where a decision will be made on whether a two-year suspended sentence he was given in March for violent disorder will be re-activated following his conviction.

Mallow District Court heard that Hayes overtook nine cars on the dual carriageway in his 191-registered white Audi A6, which was detected travelling at 155km/h in a 100km/h zone, northbound at Lissavoura, Grenagh, close to Mallow. He was returning to Limerick from West Cork.

Evidence was heard from Garda Deirdre Barrett that she started a checkpoint on the N20 at Lissavoura, Grenagh, at 7pm on July 14.

She observed nine cars travelling at varying speeds between 80km/h and 95km/h at 7.55pm, and they were overtaken by Hayes.

Speed limit

The court heard that the section of the road alternates between dual and single carriageways in both directions.

Garda Barrett outlined that Hayes pulled into the left lane of the dual carriageway as it reduced to one lane, having just overtaken the nine cars. He was arrested for dangerous driving.

She said Hayes told her the speed limit for dangerous driving in Limerick was 160km/h. His barrister, Liam Carroll, said his client believed he was doing a safe manoeuvre and pushed for the case to be considered one of careless driving — as opposed to dangerous driving. He said he had found himself in a lane that “was coming to an end”.

However, Judge Roberts raised concerns that Hayes had been travelling at around 55km/h above the speed limit, had overtaken nine cars, and “you were totally unaware of what speed you were driving”. He added: “Is that not a concern?”

He added: “He could have slowed down. He chose not to slow down. He chose to speed up.”

Mr Carroll acknowledged that what had occurred was a “lapse of judgement” and “a mistake”, but Judge Roberts said it was beyond that.

Deaths on Irish roads

He added: “I cannot accept in any way that his actions were not dangerous.” Judge Roberts asked Hayes if he accepted that speed is one of the main factors causing deaths on Irish roads, and whether he accepted if his own car, an Audi A6, was a powerful car. Hayes agreed that it was.

Judge Roberts added: “I am trying to keep him alive as well as everything else. There are too many deaths on the road at this time.” He also described cars as being “killer machines on the road”.

Judge Roberts said Hayes “might think he is chosen”, but all that is required is for one thing to go wrong.

The conviction means that Limerick Circuit Court will now consider whether the conviction will trigger the suspended sentence for Hayes’s previous conviction at Limerick Circuit Court on two counts of violent disorder — after a young man was attacked inside and outside a nightclub. Hayes’s barrister indicated that his client may appeal Tuesday’s conviction.