McGregor not in court & judge warns jury not to speculate on evidence as he continues final remarks before deliberations
Nikita Hand alleges that she was raped on December 9, 2018
CONOR McGregor was not in court today as a jury in his trial was told not to speculate on the evidence.
Nikita Hand, 35, has accused the mixed martial arts fighter, 36, of a brutal rape after a Christmas night out.
The former hair colourist is seeking civil damages against McGregor over the alleged rape at a Dublin hotel penthouse in December 2018.
McGregor, who last week took the stand to claim he had consensual sex with Ms Hand, denies all allegations, as does co-defendant James Lawrence.
A High Court judge today continued his charge to the jury but McGregor was not present in court.
The jury in the civil trial is expected to be sent out for deliberation on Thursday following final remarks from Justice Alex Owens.
Today the jury was told by the judge not to carry out their own investigations away from the evidence in the style of “Detective Poirot”, because they could be in danger of reaching the conclusions of “Inspector Clouseau”.
Mr Justice Owens said that any verdict on liability should be based on the evidence alone and that the jury “should not pluck a figure out of the sky”, or consult a “Ouija board” in relation to damages.
During the trial, Mr McGregor took the stand in his own defence, telling the jury that he had “consensual” sex with Ms Hand in a hotel penthouse, which he described as “enthusiastic, athletic, prolonged and vigorous” and carried out in a “multitude” of positions.
Ms Hand alleges that Mr McGregor – once the highest-earning sportsperson in the world – “brutally raped and battered” her in a Dublin hotel penthouse six years ago.
Ms Hand is seeking damages from Mr McGregor and James Lawrence, of Rafter’s Road, Drimnagh, Dublin 12, arising from the events of December 9, 2018, at the penthouse suite of the Beacon hotel in Dublin.
Mr Lawrence claims that he twice had consensual sex with Ms Hand after Mr McGregor left the hotel.
Ms Hand said that Mr Lawrence’s claim of consensual sex is “lies”.
Both Mr McGregor and Mr Lawrence deny the allegations.
Mr Justice Owens said that the jury was not bound by counsel’s comments, nor his, in terms of evidence of which he told them: “You are the judges”.
He said: “Exercise your judgement, intelligence and knowledge of human nature. Look at all the evidence and accept and reject on the evidence, and all the evidence means ‘all the evidence’.”
‘SILENT WITNESSES’
The judge said that there were “silent witnesses” in the case in terms of CCTV and telephone records that are reliable in terms of chronology.
Mr Justice Owens said “opinion is not evidence, it’s advocacy”.
The judge said that some witnesses are “notoriously inaccurate” regarding timelines in cases, “especially with a jar on them”.
Mr Justice Owens told the jury to assess the “important” CCTV footage taken from the hotel for evidence of “intoxication and incapacity”.
The judge said that the jury should judge whether or not the CCTV showed insobriety and Ms Hand and Mr Lawrence flirting in the hotel lift while she held a bottle of spirits and a glass.
‘WHAT IS IT?’
“It was not a bottle of non-alco stuff,” he said. “Evaluate if it is flirting, romance, drunkenness… what is it?”
Mr Justice Owens said the stance taken by the defence in pleading documents was to paint Ms Hand as a “gold digger and a fraud” but that this was an out-of-court statement.
He said: “This doesn’t tell you anything regarding liability, you rely on the evidence.”
The judge said Mr McGregor’s statement to gardaí was not admissible as it was a prior statement, but asked the jury to also consider if Mr McGregor “sat down to concoct a lurid and degrading pornographic fantasy” to gardai.
The judge said people may not immediately make disclosures of rape allegations and may need “to get themselves together due to embarrassment, shame and others stresses, they might have drink on them and act in illogical ways but the law allows the evidence of the complaint of rape”.
FIRST DISCLOSURE
Ms Hand alleges that she was raped by Mr McGregor on the afternoon of December 9, 2018, and alleges rape against Mr Lawrence later that night.
She said her first disclosure of events was between 11pm and midnight when she told a friend. In evidence, Ms Hand has told the court she could not recall portions of the night.
The judge said that Ms Hand admitted sending “fabrications” in the form of texts to her then partner as to her activities and whereabouts to possibly “explain away a day on the tear with Conor McGregor” but asked the jury to consider whether this came from “bad judgement or as a result of hitting the bottle”.
In outlining the issue of damages, should the jury find for Ms Hand, the judge said the main purpose of damages was “compensatory” and in that case the damages would be “substantial”.
Ms Hand would be “entitled to more than nominal damages”, he said.
The judge said rape is “very, very serious and devastating for victims and they live with that for the rest of their lives”.
“Exercise your judgement, intelligence and knowledge of human nature. Look at all the evidence and accept and reject on the evidence, and all the evidence means ‘all the evidence’.”
Justice Alex Owens
General damages should be “appropriate” to the wrong done to a person who had been sexually assaulted, which is an affront to bodily integrity, causing PTSD and anxiety, he said.
Mr Justice Owens said special damages for medical bills and money lost in wages could be considered in addition to the initial damages for the harmful effects of being assaulted.
The judge told the court that “aggravated damages” should also be assessed if the jury found in favour of Ms Hand.
He said elements of aggravated damages to be considered were the manner of the defendants in that if they behaved in an “arrogant manner”, engaged in “outrageous behaviour”, refused to apologise or engaged in an “attack on the character of the victim”.
”KEEP A LEVEL HEAD’
Mr Justice Owens said that any overall figure should be agreed by nine or more of the 12 jurors and be “proportionate”.
He said: “Be not too generous nor too stingy. Keep a level head.
“Don’t pluck a figure out of the sky; you wouldn’t expect me to consult a Ouija board.”
Mr Justice Owens began his charge to the jury of eight women and four men today and will continue to summarise the evidence in the case this on Thursday.
