Judge continues indictment against jury in woman’s civil suit alleging rape by Conor McGregor – The Irish Times

A High Court judge continues his detailed indictment to a jury before they consider their verdict on a woman’s civil claim for damages against Conor McGregor.

After the indictment is completed, the eight men and four women will be sent to begin their deliberations in Nikita Hand’s action against the mixed martial arts fighter seeking damages for assault arising from an alleged rape at Dublin’s Beacon Hotel . on December 9, 2018.

They will also decide Ms Hand’s civil claim against James Lawrence (35), of Rafter’s Road, Drimnagh, for allegedly assaulting her by having sex with her without her consent at the same location.

Both men deny the 35-year-old hair colourist’s claims and have pointed out that they had separately had consensual sex with Ms Hand on the date in question.

Judge Alexander Owens began his charge to the jury late Tuesday and continued it Wednesday between 10 a.m. and 1:30 p.m., when, because a juror had a medical appointment, he adjourned the case until Thursday.

He outlines in detail the evidence presented by witnesses in the case, which began on November 5 and entered its 11th day on Thursday. Mrs Hand, accompanied by her partner; Mr McGregor, accompanied by his father Tony; and Mr. Lawrence were all in the courtroom.

The jury heard that Ms Hand and her colleague Danielle Kealey drove with Mr McGregor and Mr Lawrence in Mr McGregor’s car to the hotel, arriving at 12.30pm. CCTV footage showed Mr McGregor leaving with Ms Kealey at about 6.15pm and Ms Hand leaving with Mr Lawrence at about 10.30pm.

Ms. Hand and Ms. Kealey indicated that from the evening of December 8 to the morning of December 9, they had partied all night and consumed alcohol and cocaine. Mr McGregor and Mr Lawrence were partying separately in Dublin nightclubs and drinking alcohol. Mr McGregor said cocaine was also available. Mr. Lawrence said he has never used cocaine.

According to Ms Hand’s evidence, she was raped by Mr McGregor and had no memory of later having sex with Mr Lawrence.

Mr McGregor denied rape and said in evidence that he and Ms Hand had ‘fully consensual’, ‘vigorous’ and ‘athletic’ sex without using condoms. He was “shocked” when he later showed photos of bruises on Ms Hand and said he had not caused them.

In his testimony, Mr Lawrence said he had had consensual sex with Ms Hand twice, using condoms, and that he had seen no marks on her other than a small bruise, which he said she had pointed out to him.

When they begin their deliberations, the jury will be asked to answer yes or no to separate questions about whether Mr McGregor assaulted Ms Hand and whether Mr Lawrence assaulted Ms Hand.

The judge has told them it is up to them to decide what evidence to accept and what to reject, and whether some witnesses may have a problem or could have been more forthcoming. What you are concerned with here is “not just the truth and lies, but also credibility and reliability,” he said.

There are “silent witnesses”, such as CCTV, which they must examine closely, he said.

Only if they find that one or both men assaulted Ms. Hand will they determine damages in four categories: general damages for assault; special damages in the form of medical costs; compensation for past and future loss of income; and aggravated damage. The judge told them that the purpose of damages is compensatory and that damages are a matter for them.

If they conclude that Ms Hand was raped by Mr McGregor, she would be entitled to more than just nominal damages, he said, as the more seriously someone was assaulted, the greater the damage.

Compensation must be appropriate for the harm caused and caused, and the jury must act proportionately and fairly in relation to all categories of harm, he said. If they reach the stage where they have to award damages, they should forget considerations such as Mr McGregor being a wealthy man and Mr Lawrence not, he added.