The civil trial of Conor McGregor and another man has heard in closing speeches that plaintiff Nikita Hand, who alleges rape against both men and is seeking damages, "lied before, during and after" the alleged assault on her.
Remy Farrell SC, for Mr McGregor, told the jury: "If it was anyone other than Mr McGregor, would the jury door even hit you on the backside on the way out to dismiss this case?"
Mr Farrell put it to the jury, "is it probable or improbable someone remembers being raped but doesn't remember facts that surround it that don't corroborate it?"
Mr McGregor has taken the stand in his own defence, telling the jury that he had "consensual" sex with Ms Hand in a hotel penthouse, which he described as "enthusiastic, athletic, prolonged and vigorous" and carried out in a "multitude" of positions.
Ms Hand (Ní Laimhín) alleges that Mr McGregor - once the highest-earning sportsperson in the world - "brutally raped and battered" her in a Dublin hotel penthouse six years ago.
Ms Hand, a hair colourist, is seeking damages from Mr McGregor and James Lawrence, of Rafter's Road, Drimnagh, Dublin 12, arising from the events of December 9th, 2018, at the penthouse suite of the Beacon hotel in Dublin.
Mr Lawrence claims that he twice had consensual sex with Ms Hand after Mr McGregor left the hotel. Ms Hand said that Mr Lawrence’s claim of consensual sex is “lies”. Both Mr McGregor and Mr Lawrence deny the allegations.
"What is important in this case is the evidence, not a flowery speech," said Mr Farrell.
"What is the case about?" If it is about anything, it is about the evidence. It is not about a hot take, your gut, or about colour writers in newspapers. This is about the evidence and nothing but the evidence," said Mr Farrell.
Mr Farrell said that lawyers for Mr McGregor had urged the jury to ignore "noise" around the case and that the case was taken for the "vindication" of Ms Hand after the DPP decided not to take a criminal case.
Mr Farrell said that Ms Hand wrote a letter to the DDP about the decision not to prosecute the case and suggested it was because Mr McGregor was "rich and famous".
"That doesn't matter. All that matters is that you crunch the evidence and figure it all out," he told the jury. "When you took your oaths you undertook a verdict in accordance with the evidence, not with your feelings, a gut reaction or that you might not like Mr McGregor," said Mr Farrell of his client.
"He elicits strong views, some people love him and some people very much do not. He is not backwards about coming forwards with things. You may well have negative views about him or have an active dislike or loathe him. There is no point pretending otherwise," said Mr Farrell.
"You can't ignore the who, but you need to look at the how, the why, the when, and the what. How significant are your feelings towards Mr McGregor?" he said.
Mr Farrell said: "This is about the evidence, the evidence, the evidence."
"Is CCTV just undisputed noise? Ask what would be in this case if there was no CCTV? Are text messages just noise? In Ms Hand's text to her partner she is lying [about her whereabouts]. Before, during and after she is lying. Is that relevant? Why are you told to just regard that as noise?" he said.
Mr Farrell said that evidence of Ms Hand's friend, who said she was surprised by the claim of rape, and who was in the penthouse on the day, was being "airbrushed completely" out of the case by Ms Hand's lawyers in what he described as an "elaborate fabrication".
John Fitzgerald SC, for Mr Lawrence, told the jury that his client had no fame or notoriety and had lived his 35-odd years in "relative obscurity" to which he wished to return after the trial.
Mr Fitzgerald said that going "36-hour benders and cheating on partners" was not what the case should be decided on but on the evidence.
Mr Fitzgerald said that there was a "bizarre" element to the case in that lawyers for the plaintiff will ask the jury to believe that he had sex with Ms Hand but then disbelieve that she consented to sex or was in a position to consent.
Counsel said an element of "conspiracy had entered the case" in terms of Ms Hand's evidence that she was "shocked" to discover that Mr Lawrence told gardaí he had sex with Ms Hand and that she had no recollection of them having sex and said Mr Lawrence was lying about whether or not they had sex at all.
Mr Fitzgerald said he had "sympathy" for Mr Lawrence who was wondering why he was in court if the plaintiff does not believe he did anything to her.
