
Conor McGregor to find out court decision in civil rape case appeal today
Three judges are set to announce their decision on Conor McGregor's appeal later today.
The Court of Appeal will rule on the appeal by Mr McGregor against a jury finding at the High Court that he raped Nikita Hand.
The jury at the civil trial awarded her almost €250,000 after Ms Hand sued Mr McGregor for damages for raping her on December 9, 2018 at a hotel in Dublin.
The MMA fighter had asked the Court of Appeal to allow in new claims that Ms Hand was punched and kicked by her then partner just hours after she says she was raped by McGregor.
However, he withdrew his application to introduce the new evidence before the appeal started, and the Court has already said it intends to refer this matter to the Director of Public Prosecutions.
Mark Mulholland KC, for McGregor, told the three-judge court that his side had reflected on the matter after receiving submissions from Ms Hand's legal team.
He said they had taken a view they could not proceed with the ground of appeal.
Mr Mulholland linked the decision to difficulty his side said they would have introducing a report from former Northern Ireland state pathologist Professor Jack Crane, which purportedly supported Ms O'Reilly's account.
Ms Hand's counsel John Gordon said his side was in 'shock' at the late withdrawal of the fresh evidence application.
He said Ms Hand had been 'put through the ringer' after the allegation, which she denounced as 'lies', were outlined in court and reported in the newspapers.
Mr Gordon said he should be allowed to bring the matter to the attention of the DPP for potential perjury, as well as subornation of perjury by McGregor.
Conor McGregor
News in 90 Seconds - Thursday, July 31
The presiding judge, Ms Justice Isobel Kennedy, said the court would allow the withdrawal of the ground.
Mr Gordon asked if McGregor's side would apologise to Ms Hand.
Mr Mulholland responded that this was 'something we can deal with' through McGregor's solicitor Michael Staines 'in due course'.
In affidavits, Ms O'Reilly, a carer, inferred Ms Hand was assaulted by her then partner Stephen 'Ste' Redmond, while Mr Cummins, a plumber, claims he heard screams and shouting coming from Ms Hand's house.
The couple said they only came forward after seeing television reports about the trial.
Their claims were dismissed as 'lies' by Ms Hand, a hair colourist, who is in court for the hearing.
Neither Ms O'Reilly nor Mr Cummins were in court.
McGregor and his friend James Lawrence, who also has an appeal, were also not present.
Nikita Hand
Father-of-four McGregor claims he had 'vigorous' and 'fully consensual' sex with Ms Hand after they went to a penthouse in the Beacon Hotel in Sandyford in December 2018. He denied raping Ms Hand or being responsible for extensive bruising later seen on her body.
However, a civil jury answered 'yes' to the question 'Did Conor McGregor assault Nikita Hand?' and awarded her close to €250,000 in damages.
The trial judge, Mr Justice Alexander Owens, said the jury had determined McGregor had raped her.
The jury found McGregor's friend James Lawrence did not assault Ms Hand, but he was not awarded his legal costs by the High Court.
The fresh evidence application was a key ground of appeal for McGregor as his side sought to put forward an alternate theory as to how Ms Hand suffered her injuries.
However, the appeal hearing is now proceeding on other grounds of appeal before Ms Justice Kennedy, Mr Justice Brian O'Moore and Mr Justice Michael MacGrath.
The judges had been due to assess the credibility of accounts given by Ms O'Reilly and Mr Cummins, but this will no longer happen.
Remaining grounds of appeal are largely focused on the trial judge's handling of the case, including a ruling allowing the jury to hear that McGregor replied "no comment" up to 150 times in response to questions in garda interviews.
Another ground relates to the question put to the jury, asking only whether McGregor had "assaulted" Ms Hand and not specifying sexual assault.
In her affidavit, Ms O'Reilly had claimed she was woken by sounds of 'screaming and shouting' from Ms Hand's house.
Looking from her window, she said she could see 'Ste's arms moving up and down as if he was hitting Nikita'.
'I also saw him moving his hips in a way that indicated to me that he was kicking her,' she claimed.
In an affidavit, Ms Hand dismiss this account.
"My ex-partner Stephen Redmond [known as 'Ste'] did not assault me on the night of December 9/10, 2018, and never assaulted me in the course of our relationship, or since," she said.
"I don't want to speculate on why Samantha and Steven are making up these lies.".

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This week, the former MMA fighter Conor McGregor lost his appeal against a High Court jury's finding that he raped Nikita Hand. The jury at the civil trial found that he raped Ms Hand in a hotel room in December 2018 and awarded her just under €250,000 in damages. On Thursday, the Court of Appeal rejected Mr McGregor's appeal against the finding in its entirety. It also rejected an appeal by his friend, James Lawrence, against the High Court's decision to refuse him his costs. However, the legal proceedings are not at an end. Here, our Legal Affairs Correspondent Órla O'Donnell reflects on the case and looks at what could come next. On Thursday, Nikita Hand entered court number one at the Court of Appeal a few minutes before the hearing was due to start. With her, as always, was the Dublin Rape Crisis Centre's accompaniment manager, along with solicitors, Susan Hannon and David Coleman as well as some good friends. Conor McGregor was not there. 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Ms Hand on the other hand, had been "put through the wringer" - a statement by her lawyers, endorsed by the Court of Appeal. She had prevailed in "one of the most hard fought trials of recent years". But her reputation had continued to be attacked by Mr McGregor, not only in his social media posts but in his tactics in this appeal. If Mr McGregor won, it would mean Nikita Hand would have to go through a high-profile civil trial all over again. And there was a further risk for her: If Mr McGregor's friend, James Lawrence, won his separate appeal over the refusal to award him his legal costs, then her award of just under €250,000 in damages could be wiped out and she could end up financially ruined. Remarkably, given what was at stake, Ms Hand remained composed as the proceedings began. Sitting bolt upright between her solicitors and her support worker from the Rape Crisis Centre, she gave a quick acknowledgement to the journalists on the opposite side of the court room. 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However, the first part of the court's judgment dealt not with what happened after "four people made their way to a penthouse suite in the Beacon Hotel in Sandyford" in December 2018, but with the "dramatic events" in the Court of Appeal 30 days previously. Mr Justice O'Moore dealt extensively with Mr McGregor's application to introduce "new evidence" which had "come to light" since the trial concluded. This new evidence referred to the sworn statements of Samantha O'Reilly and Stephen Cummins who at one stage had lived opposite Nikita Hand in Drimnagh. They swore affidavits about what they had seen and heard after Ms Hand returned from the Beacon Hotel on 9 December 2018. Ms O'Reilly claimed she could see into Nikita's bedroom from her bedroom and could see Nikita's boyfriend at the time, moving in a way that suggested he was assaulting her. Mr Cummins said he heard a commotion but told Ms O'Reilly it was none of their business and didn't look himself. Mr McGregor claimed this was a plausible explanation for severe bruising on Ms Hand's body. Ms Hand described their statements as lies and said she didn't wish to speculate about why they were lying. Just as the appeal was about to get underway, Mr McGregor's lawyers told the court they would be withdrawing their application to introduce this evidence. In its ruling, the Court of Appeal made it clear that they were not happy with the explanations they had been given for this decision. Mr Justice O'Moore said the affidavits were "very comprehensive and clear" and had been sworn in January this year. Neither Ms O'Reilly nor Mr Cummins said they had any difficulty remembering the incident or expressed any doubt about their evidence. And he said they would have been stress tested by Mr McGregor's lawyers, long before the eve of the appeal hearing. The judge said one explanation received by the court for the withdrawal of this evidence, related to the fact that Mr McGregor's lawyers had sought an additional expert opinion from a forensic pathologist, Professor Jack Crane, dealing with when Ms Hand's bruising could have been inflicted. Seeking to introduce new expert evidence to back up an application to introduce other new evidence was admitted by Mr McGregor's lawyers to be a "legal novelty". The first position taken by Mr McGregor's lawyers was that they had further reflected on the legal situation following written submissions on the issue from Ms Hand's lawyers, and had decided to withdraw the application. The Court of Appeal said this was "somewhat puzzling" as there was nothing new in the submissions. Mr McGregor's lawyers also suggested they were taking this step due to a lack of corroboration of Ms O'Reilly's evidence. But the court said it had never previously been suggested that the neighbours' evidence was dependent on Prof Crane's evidence being admitted. Mr Justice O'Moore said Ms O'Reilly's evidence was "crisp, clear and coherent" and the only question was whether it was true. He described this explanation as an "unsustainable position". 'Privileged matters' Mr McGregor's lawyers then claimed there were other reasons for the withdrawal of the evidence - "privileged matters" they did not intend to go into. Mr Justice O'Moore remarked that "some other factor, upon which this court does not wish to speculate, led to the abrupt decision to scuttle one of the more significant grounds of appeal". The court was deeply unimpressed with what happened. The judge said the existence of the new witnesses had "attracted no little attention" since it was first revealed earlier this year. He said the entire import of Ms O'Reilly's evidence was that Nikita Hand's testimony was incomplete and misleading. 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The court went on to comprehensively dismiss the first of Mr McGregor's remaining grounds of appeal – the question the jury had to answer. They were asked: "Did Conor McGregor assault Nikita Ní Láimhín (Hand), yes or no?" Mr McGregor's lawyers had argued that some members of the jury may have been confused about what exactly they were being asked and may have decided he was liable for an ordinary assault instead of rape. They also submitted that the relatively low award of damages was not consistent with a finding of rape. Mr Justice O'Moore ruled the trial judge could not have been clearer in explaining that what was meant by the question was rape. He said it was "simply unreal" to suggest the jury were confused, faced with the issue framed in such a "brutally clear way", even though the damages awarded were "not generous". A more substantive ground of appeal was Mr McGregor's answers to gardaí when he was interviewed by them in connection with their investigation into Ms Hand's allegations. The trial judge allowed Mr McGregor to be cross examined about the fact that he gave a series of "no comment" answers to gardaí. The Court of Appeal found this ruling was incorrect. And it rejected a further submission that this questioning was justifiable to allow the jury to understand the background to issues in the case. But it ruled that the warnings given to the jury about this matter were sufficient to rule out the risk of an unfair trial. The court also ruled against Mr McGregor on all the remaining issues, dismissing the appeal "in its entirety". However, the issue of James Lawrence's costs remained. He argued he should have been awarded his costs as the jury had found he did not rape Ms Hand as she alleged. Ms Hand's lawyers had suggested to the court that if he were to get his costs, her award of damages would be more than wiped out. But the Court of Appeal had signalled during the hearing that this was not something they could consider. In the court's ruling, Mr Justice O'Moore said he was unimpressed by this argument. He pointed out that alleging sexual assault against Mr Lawrence was a terribly serious thing to do. Judge O'Moore also said he did not agree with the rationale of the trial judge for refusing Mr Lawrence his costs. Mr Justice Owens ruled that the jury's verdict meant they didn't believe Mr Lawrence's evidence about his own interactions with Ms Hand. The Court of Appeal said this analysis was flawed. But it found the verdict could only have meant the jury didn't believe Mr Lawrence's evidence about what happened between Ms Hand and his friend, Conor McGregor. Mr Justice O'Moore analysed Mr Lawrence's conduct, and what he said were the unusual circumstances of this case. The judge said it was "unusual" that Mr Lawrence had pleaded that he had consensual sex with Ms Hand, given that she had said she had no recollection of being sexually assaulted by him. If he had not made this plea, it would have been a possibility that the case against Mr Lawrence would have been dismissed at the end of the evidence. Plea made 'tactical' sense - judge The judge said the plea made "tactical" sense by presenting an "ostensibly coherent joint narrative" between Mr Lawrence and Mr McGregor. He also analysed the evidence given by James Lawrence on the one issue about which he said, the jury's view was not in doubt. The judge said the jury's verdict meant they believed Mr McGregor raped Nikita Hand, whereas Mr Lawrence gave evidence that the sex between Ms Hand and Mr McGregor was consensual. Judge O'Moore said Ms Hand's account must have been believed by the jury and Mr Lawrence's account must have been rejected. Therefore he said Mr Lawrence's evidence on this issue could only be regarded as untruthful. The court ruled that the giving of such evidence was a very serious matter, and was enough on its own to deprive Mr Lawrence of his costs. But it found another significant factor was the evidence of Mr McGregor that he had paid those costs for Mr Lawrence. Mr McGregor appeared to deny on social media that he ever admitted paying his friend's costs but the transcript shows that when he was asked in the witness box if he paid the fees he swore Mr Lawrence was his friend and "wouldn't have the fees for it so I believe I may have, yeah…." Mr Justice O'Moore said part of the reason for awarding costs is to make right the damage to someone who has been wrongly sued. But he said this was pointless if someone else had paid their costs for them. Arrangements between McGregor and Lawrence were 'shrouded in mystery' - judge He said the arrangements between the two men were "shrouded in mystery". But he said if Mr Lawrence didn't repay Mr McGregor he would have received a bounty of several hundred thousand euro and it would not be appropriate to enrich him by providing him with money for costs that he had never had to pay. If Mr Lawrence did repay Mr McGregor then it would mean Ms Hand would have to make a payment to a man who gave inaccurate evidence about her, and ultimately to the man who raped her. This he said should weigh heavily with the court. The judge also pointed out that having two sets of lawyers to cross examine Ms Hand, brought significant advantages to Mr McGregor. He dismissed Mr Lawrence's appeal, saying the appeal court had come to the same decision as the High Court judge, albeit for different reasons. It was at this point that Nikita Hand finally relaxed. She hugged her friends and lawyers and wiped away tears as the reality of the court's decision hit home. Outside court, holding a piece of paper in trembling hands she gave a very brief statement to the media explaining how the appeal had retraumatised her, before expressing the hope she could now finally heal. The legal proceedings are not at an end, however. Within minutes of the court's verdict, Ms Hand's lawyers lodged papers beginning an action against Ms O'Reilly, Mr Cummins and Mr McGregor for "malicious abuse of the process of the court". That case will take many months to come to court. On social media, in a flurry of posts, Mr McGregor welcomed the fact that "this is still ongoing", saying he believed the witnesses and criticising his own lawyers for not calling their evidence. He reposted a post from the AI chatbot developed by Elon Musk's X, suggesting he was "innocent" from its "analysis of the evidence", notably "excluding court rulings". He appeared to be posting from a yacht, while on holidays with his partner Dee Devlin and their children. As well as criticising Ms Hand, his lawyers and the court's decision, he published further posts suggesting he should be the next president of Ireland, describing Ms Devlin as Ireland's "first lady". Mr McGregor can attempt to challenge the appeal court's decision but he will have to get permission from the Supreme Court. That court allows appeals in the interests of justice or where there is a point of law of general public importance. The consequences of his withdrawal of the "new evidence" have also still to play out. The appeal court has referred the matter to the Director of Public Prosecutions who may ask gardaí to investigate allegations of perjury.


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