Among the interesting aspects of the civil case taken by Nikita Hand against martial arts fighter Conor McGregor was the decision of the Director of Public Prosecutions (DPP) not to recommend criminal charges against the global celebrity.
The decision of the jury to award damages to Hand on the basis that she was (sexually) assaulted by McGregor adds to the interest in the DPP’s decision.
However, experienced lawyers say there is a very wide gulf between the standard of proof to which a case must be proven in criminal and civil trials.
The difference between beyond reasonable doubt, the threshold in criminal trials, and on the balance of probability, the standard in civil trials, means it can be argued on behalf of a defendant in criminal trials that if the jury has any doubt, they must acquit.
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When the DPP decided in 2020 not to recommended criminal charges against McGregor, Hand was upset and sought an explanation.
In response, she was told her case had been assessed in the office and the advice sought of a senior counsel, leading to the decision that the evidence did not support a reasonable prospect of McGregor being convicted.
Hand asked for a review, and one was carried out. The review, by the DPP, upheld the original decision, with Hand being told the case was a complex one, not least because McGregor’s friend, James Lawrence, claimed he had consensual sex with her in the hours after the encounter with McGregor.
[ ‘I know what happened in that room’: the full story of the Conor McGregor caseOpens in new window ]
Other factors cited included alcohol and drug consumption, and CCTV footage from the hotel. Hand was assured the involvement of McGregor was not a factor in the DPP’s decision.
The jury awarded general damages of €60,000 and special damages of €188,000 against McGregor. They made no finding against Lawrence.
The level of damages was viewed as low by some lawyers and arguably supportive of the DPP’s decision not to recommend charges.
It was obvious that the jury did not believe McGregor, said one solicitor, but there were significant conflicts in the evidence.
“The DPP was 100 per cent right,” this lawyer said. “There was no way they would have won a criminal case.”
However another source said criminal law barristers had divided on the DPP’s decision, given the strong medical evidence concerning Hand’s injuries. This lawyer thought the level of the award was a mark in favour of the jury who, he believed, had listened carefully to the judge’s directions.
How Nikita Hand won her battle against Conor McGregor
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