Lawyers for Conor McGregor may ask a judge today for permission to provide new evidence for his appeal aimed at overturning a civil jury’s finding he raped a woman in a Dublin hotel.
New evidence cannot be admitted in an appeal without the court’s permission.
The appeal is listed before Mr Justice Seamus Noonan at the Court of Appeal this morning to make directions to progress it. If the sides are ready to proceed, a hearing date could be fixed within the next few months.
The appeal will be heard by a three-judge court and, if allowed, could mean a retrial of the action brought by Nikita Hand against Mr McGregor.
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The Mixed Martial Arts fighter’s grounds of appeal are understood to be wide-ranging, including claims over the conduct of the 12-day trial by Mr Justice Alexander Owens.
It is understood Mr McGregor will contend that the trial judge made legal and factual errors in his directions concerning the treatment of evidence, including Mr McGregor’s evidence, and in his charge to the jury.
Some grounds are expected to focus on whether the trial judge erred in directing that the jury should be asked to answer whether or not Mr McGregor “assaulted” Ms Hand.
Last November, a High Court civil jury awarded €248,603 damages to Ms Hand against Mr McGregor after finding she was assaulted by him in the Beacon Hotel, Sandyford, on December 9th, 2018.
Ms Hand, a 35-year-old mother of one, had said in evidence that 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 using 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.
Consent to sexual activity is a “two-way street”, he said.
The jury found James Lawrence (35), of Rafter’s Road, Drimnagh, had not assaulted Ms Hand by allegedly having sex with her without her consent in the Beacon Hotel.
Mr Lawrence had said in his evidence they had consensual sex twice. Ms Hand said she had no memory of that and described it as “a made-up story”.
During cross-examination, Mr Lawrence, whose legal fees the jury heard were being paid by Mr McGregor, denied he was a “fall-guy” concerning the allegation Mr McGregor had raped Ms Hand.
