Conor McGregor’s appeal against a High Court civil jury finding in favour of Nikita Hand, who alleged he raped her in a Dublin hotel, is ready to proceed in July, a judge was told today.
Ms Hand has described as “lies” claims in an affidavit by Samantha O’Reilly, a former neighbour of hers, that bruising on her body which she alleges was caused by Mr McGregor in the Beacon hotel on December 9th 2018 may have been caused following an alleged row between Ms Hand and her then partner in their home hours later.
In a responding affidavit, Ms Hand said her then partner, Stephen Redmond, did not assault her on the night of December 9th/10th 2018 “and never assaulted me in the course of our relationship or since”.
She and Mr Redmond had had a verbal argument downstairs in their house that night, a recording of which was played during the High Court case, but that was not so loud that Ms O’Reilly could have heard it, she also said.
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She did not want to speculate on why Ms O’Reilly and her partner Steven Cummins “are making up these lies” about events on that night, Ms Hand said.
Mr McGregor wants to have affidavits from Ms O’Reilly and Mr Cummins admitted for his appeal against the civil jury finding last November in favour of Ms Hand. The jury awarded her almost €250,000 damages.
During a case management hearing on Friday, Mr Justice Seamus Noonan was told by Shelley Horan, for Mr McGregor, the appeal was on track on proceed on July 1st and her side’s submissions would be filed later on Friday.
When the judge was told by counsel for Ms Hand her side were still considering whether to seek an affidavit from Mr Redmond, the judge said he would give them seven days to provide any such affidavit.
The appeal court will decide, during the full hearing of the appeal, whether the affidavits from Ms O’Reilly and Mr Cummins, sworn last January, are admissible.
Ms O’Reilly has alleged that, on the night of December 9th/10th 2018, she had observed from the upstairs window of her house a row between Ms Hand and Mr Redmond. Ms O’Reilly had said she inferred, from movements of Ms Hand’s body, that Mr Redmond had assaulted her on the ground and this explained the bruising on her body seen the next day.
The mixed martial arts fighter had persistently denied he assaulted Ms Hand and claims the new material came into his possession after the High Court case and provides a “plausible” explanation for bruising on Ms Hand’s body.
The extensive bruising seen on Ms Hand’s body when she was examined by a doctor in the Rotunda hospital the day after her encounter with Mr McGregor in the hotel was significant evidence in the High Court case. Gardaí also took photos of the bruising on Tuesday December 11th 2018.
Mr McGregor’s grounds of appeal are wide-ranging, including claims over the conduct of the 12-day High Court hearing by Mr Justice Alexander Owens. Some grounds focus on whether the trial judge erred in directing the jury be asked to answer whether or not Mr McGregor “assaulted” Ms Hand rather than whether or not he had “sexually assaulted” her.
In evidence to the High Court, Ms Hand, a 36-year-old mother of one, said she told Mr McGregor she did not want to have intercourse with him, she felt uncomfortable, 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, he had not caused them and there was no tampon.
When charging the jury, 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.
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’s appeal against the trial judge’s refusal to order Ms Hand to pay his legal costs of the trial will be heard alongside Mr McGregor’s appeal.
