Conor McGregor seeks to bring new evidence from two people as he launches civil rape case appeal
LEGAL representatives for Conor McGregor are to make an application to introduce fresh evidence from two people in support of his appeal to overturn a civil jury’s verdict that he raped a woman in Dublin.
The Court of Appeal in Dublin heard that a motion will be brought to adduce alleged new evidence in early May.
The court was told that the new evidence will have to satisfy a three-fold test before it can be admitted to the court.
First the evidence to be adduced must have been in existence at the time of the trial and that it could not have been obtained “with reasonable diligence”; that the evidence would probably have had an important influence on the result of the case; and that the new evidence must be presumed to be believed, in that it must be credible.
Last November, Nikita Hand, also known as Nikita Ni Laimhin, won her claim against McGregor after accusing the professional fighter of raping her in a Dublin hotel in December 2018.
Ms Hand, 35, was awarded damages and costs after a three-week trial in which the jury found him civilly liable for assault.
Ray Boland SC, for Ms Hand, said he would be opposing the application for the fresh evidence.
Mr Boland, who said that the appeal should take about two days to hear, told the court that the alleged fresh evidence can only be admitted to the Court of Appeal on special grounds.
He said the other grounds of appeal related to complaints about the trial.
Remy Farrell SC, for McGregor, said that Mr Boland was “in substance” arguing for a modular appeal, which is where trial issues are heard and determined at different stages.
Mr Farrell said this would be a waste of court’s time and will bring additional costs.
Mr Farrell told the court on Friday that two new affidavits will be served on the plaintiff’s side, which will outline the new evidence.
The new evidence was not put before the court.
Mr Justice Seamus Noonan said the appeal cannot go ahead in the absence of a motion to introduce fresh evidence, and that the court will first have to determine whether it will admit the alleged new evidence.
Mr Noonan said new evidence will have to meet the criteria before it can be admitted as part of the appeals process.
He made a direction for the affidavits to be served on the other side by April 4, and a response to those submissions to be made by April 25.
A motion to introduce new evidence will then be made on May 2.
The court also heard that McGregor has paid part of the costs in relation to the civil trial.
Earlier this year, a judge ordered McGregor to pay Ms Hand €100,000 of her €250,000 damages and €200,000 of her expected €1.3million legal costs before an appeal.
McGregor faced an accusation that he “brutally raped and battered” Ms Hand at a hotel in south Dublin in December 2018.
The sportsman told the court last November he had consensual sex with Ms Hand in a penthouse at the Beacon Hotel in south Dublin.
The court heard that Ms Hand was taken in an ambulance to the Rotunda Hospital the following day where she was assessed in the sexual assault treatment unit.
A paramedic who examined Ms Hand the day after the assault had told the court she had not seen “someone so bruised” in a long time.
Ms Hand broke down several times as she gave evidence for almost three days.
The jury had been told Ms Hand had to leave her job as a hairdresser and has not been able to work since because of her mental health, that her relationship with her partner ended months after the incident, she had to move out of her home in Drimnagh, and her mortgage is now in arrears.
After eight days of evidence and three days listening to closing speeches and the judge’s charge, the jury of eight women and four men spent six hours and 10 minutes deliberating before returning their verdict.
The total amount of damages awarded to Ms Hand by the jury was €248,603.60.
Speaking outside court after the verdict, Ms Hand said she hoped her case would remind victims of assault to keep “pushing forward for justice”.
She added: “I hope my story is a reminder that no matter how afraid you might be, speak up, you have a voice and keep on fighting for justice.”
The case will come before the Court of Appeal on May 2.