Conor McGregor is seeking to bring fresh evidence from two people in his appeal seeking to overturn a civil jury’s finding that he assaulted mother-of-one Nikita Hand in a Dublin hotel in 2018.
At a brief hearing at the Court of Appeal on Friday, Remy Farrell SC, for Mr McGregor, told Mr Justice Seamus Noonan that Mr McGregor is seeking an appeal both on the facts of the case and that a motion will be brought seeking the court’s permission to adduce fresh evidence in the case.
The case was before Mr Justice Noonan on Friday for the judge to give directions on how to progress the appeal.
Last November, Ms Hand was awarded €248,000 in damages after a three-week civil trial where a jury concluded that Ms Hand had been assaulted by Mr McGregor.
Ms Hand (Ní Laimhín) alleged that Mr McGregor - once the highest-earning sportsperson in the world - "brutally raped and battered" her on December 9th 2018, at the penthouse suite of the Beacon Hotel in Sandyford.
At the Court of Appeal on Friday, Ray Boland SC, for Ms Hand, said that lawyers for both sides agreed on “some things but not on others” and that any new “alleged evidence” would be contested.
Mr Boland said that the hearing of whether or not the new evidence would be admitted would take half a day whereas the appeal itself would take two days.
The judge said the formal application to admit any new evidence will be fixed during a case management hearing on May 2nd.
Mr Boland said that the appeal should progress on the matters already filed – aside from the alleged new evidence – and that if Mr McGregor secured a retrial that fresh evidence could be introduced to that court.
Mr Justice Noonan said the appeal as a whole could not proceed without the court deciding on whether the new evidence was admissible.
A formal application to admit it would have to be brought by motion and affidavits would have to be filed addressing the nature of the new evidence.
Mr McGregor’s side will say the trial judge, Mr Justice Alex Owens, made legal and factual errors in his directions on the treatment of evidence and in his charge to the jury.
One of the grounds focuses on whether the trial judge erred in directing that the jury be asked to answer whether or not Mr McGregor “assaulted” Ms Hand or whether or not he “sexually assaulted” her.
During the three-week trial, Mr McGregor took the stand in his own defence, telling the jury that he had "consensual" sex with Nikita Hand, which he described as "enthusiastic, athletic, prolonged and vigorous" and carried out in a "multitude" of positions.
Ms Hand had said in evidence she had told Mr McGregor she did not want to have intercourse with him but he “would not take no for an answer”.
Ms Hand said she was using a tampon at the time and would not have sex during her period.
The jury found that a second defendant James Lawrence (35), of Rafter’s Road, Drimnagh, had not assaulted Ms Hand by allegedly having sex with her without her consent in the hotel.
Mr Lawrence had said in evidence they had consensual sex twice. Ms Hand said she had no memory of that and described it as “a made-up story”.
In cross-examination, Mr Lawrence denied he was being used as a “fall-guy” concerning the allegation Mr McGregor had raped Ms Hand.
Mr Lawerence is appealing his own costs in the case even though the court heard that Mr McGregor was paying his legal costs.
Last January, Mr Justice Owens ordered Mr McGregor to pay most of the costs of the civil trial - €1.3 million.
Mr Justice Owens granted a stay on the award and the costs on the condition that Mr McGregor pay €100,000 of the award and €200,000 of the costs immediately which the Court of Appeal on Friday heard has been done.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
