Conor McGregor’s appeal aimed at overturning a civil jury’s finding that he raped a woman in a Dublin hotel will come before the Court of Appeal later this month.
It is understood the mixed martial arts fighter’s grounds of appeal are wide-ranging and includesi claims the trial judge made several legal and factual errors in his conduct of the 12 day trial, such as in his directions concerning the treatment of evidence and in his charge to the jury.
Some grounds are expected to focus on whether Mr Justice Alexander Owens erred in directing that the jury should be asked to answer whether or not Mr McGregor “assaulted” Nikita Hand.
Mr McGregor is expected to argue the jury finding is unsafe and should be overturned, with a retrial ordered if necessary.
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The appeal is listed for March 21st before the three-judge appeal court for the purpose of making directions to progress it. If the sides are ready to proceed, a hearing date could be fixed within the next few months.
Last November, a High Court civil jury awarded €248,603 damages to Ms Hand against Mr McGregor after finding she was assaulted by him in the Beacon Hotel in Sandyford on December 9th, 2018.
Ms Hand, a 35-year-old mother of one, alleged she was raped by Mr McGregor in the hotel and he “would not take no for an answer”. Mr McGregor denied her claim and told the jury they had “fully-consensual sex”.
When charging the jury on the relevant law, Mr Justice Owens told them, if a person proves they were subject by another person to non-consensual sexual activity, that is the tort [a civil wrong causing harm or loss leading to legal liability] of assault.
In addressing the issue of consent to sexual activity, the judge told the jury that consent is a “two-way street”.
The jury found James Lawrence (35), of Rafter’s Road, Drimnagh, had not assaulted Ms Hand through allegedly having sex with her without her consent in the Beacon Hotel.
Mr Lawrence said in his evidence that they had consensual sex twice. Ms Hand said she had no memory of that and described it as “a made-up story”.
During cross-examination, Mr Lawrence, who the jury heard was having his legal fees paid by Mr McGregor, denied he was a “fall-guy” in relation to the allegation Mr McGregor had raped Ms Hand.
During the trial, the jury heard Ms Hand and her work colleague Danielle Kealey went to the hotel with Mr McGregor and Mr Lawrence in Mr McGregor’s car, arriving at 12.30pm on December 9th, 2018.
CCTV showed Mr McGregor leaving with Ms Kealey about 6.15pm and Ms Hand leaving with Mr Lawrence at about 10.30pm.
Ms Hand and Ms Kealey had been partying from the evening of Saturday, December 8th, into the morning of December 9th, and had consumed alcohol and cocaine.
Mr McGregor and Mr Lawrence were separately partying in Dublin nightclubs and consumed alcohol. Mr McGregor said cocaine was also available. Mr Lawrence said he has never taken cocaine.
In her evidence, Ms Hand said she told Mr McGregor she did not want to have intercourse, she felt uncomfortable and referred to them having mutual friends, but he would “not take no for an answer”. She was wearing a tampon at the time and would not have sex during her period, she said.
Mr McGregor denied rape and said he and Ms Hand had “fully consensual”, “vigorous”, “athletic” sex. He said he was shocked when later shown photos of bruising on Ms Hand, adding he had not caused them and there was no tampon.
Mr Lawrence said he had consensual sex twice with Ms Hand using condoms and had seen no marks on her other than a small bruise which he said she pointed out to him.
He denied that she had asked him: “Do youse [sic] all put a blind eye to what Conor does to women?”
