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Conor McGregor's lawyers seek to introduce neighbour's evidence in appeal

Conor McGregor's lawyers seek to introduce neighbour's evidence in appeal

Lawyers for Conor McGregor say they have new evidence from a woman who claims to have witnessed Nikita Hand being punched and possibly kicked by her then-partner hours after she returned home from the hotel where a civil jury found she was raped by the MMA star.
At the Court of Appeal today, Remy Farrell SC, for Mr McGregor, said a couple have come forward with fresh evidence in the case, with the female claiming she saw Ms Hand's then-partner assaulting Ms Hand at her home.
The court heard the woman has sworn an affidavit that she saw her neighbour Ms Hand being punched and, while she did not see her actually being kicked on the ground, by the body movement of the man she believes after he punched Ms Hand he then kicked her.
The court heard that the woman came forward during the case with her allegation after reading about the civil trial in the media.
Ray Boland SC, for Ms Hand, said the woman had averred that she had also sent Mr McGregor an Instagram message, but did not say when.
During the trial, Ms Hand told the court that she sustained bruising on her legs, back, neck, hands. "I was brutally raped and battered," she told the jury.
Mr Justice Seamus Noonan said the "extensive bruising" sustained by Ms Hand, who was photographed by gardaí the day after she attended the sexual assault treatment unit in the Rotunda Hospital, was a "very significant" part of the case.
He said the witness has claimed to have seen "a heated row' involving Ms Hand and her then-partner in the early hours of December 10, 2018 after she returned home from the hotel.
Mr Justice Noonan said Ms Hand, in an affidavit, has "vigorously" disputed the claim made by the woman.
Mr McGregor is seeking to introduce the alleged new evidence in his appeal against the civil jury's finding that he raped mother-of-one Ms Hand in the Beacon Hotel in Sandyford in 2018.
The Court of Appeal heard that the application would focus on the credibility of the two new intended witnesses as to why they did not come forward during the trial.
Last November, Ms Hand was awarded €248K in damages after a three-week civil trial where a jury concluded that she had been assaulted by Mr McGregor.
Ms Hand (Ní Laimhín) alleged that Mr McGregor - once the highest-earning sportsperson in the world - "brutally raped and battered" her on December 9, 2018, at the penthouse suite of the hotel.
Mr McGregor, who had denied the allegations, subsequently appealed the jury's decision and is seeking a re-trial of the civil case against him, which was won by Ms Hand in November last year.
At a directions hearing at the Court of Appeal today, Mr Boland said there would have to be a cross examination of the two proposed new witnesses before their evidence could be allowed into the appeal.
Mr Boland said that Ms Hand had sworn an affidavit describing the claims by the woman as "lies".
Counsel said the application to introduce the new evidence would also require an affidavit from Ms Hand's ex-partner.
Mr Justice Noonan said all deponents connected to the alleged new evidence can be cross examined.
Mr Justice Noonan then adjourned the application to introduce new evidence to July 1 for a three-day hearing on the matter.
The High Court previously heard that Mr McGregor's side will say the trial judge, Mr Justice Alex Owens, made legal and factual errors in his directions on the treatment of evidence and in his charge to the jury.
One of the grounds focuses on whether the trial judge erred in directing that the jury be asked to answer whether or not Mr McGregor "assaulted" Ms Hand, as opposed to whether or not he "sexually assaulted" her.
During the three-week trial, Mr McGregor took the stand in his own defence, telling the jury that he had "consensual" sex with Nikita Hand, which he described as "enthusiastic, athletic, prolonged and vigorous" and carried out in a "multitude" of positions.
Ms Hand had said in evidence she had told Mr McGregor she did not want to have intercourse with him but he "would not take no for an answer".
Ms Hand said she was using a tampon at the time and would not have sex during her period.
The jury found that a second defendant, James Lawrence, of Rafter's Road, Drimnagh, had not assaulted Ms Hand by allegedly having sex with her without her consent in the hotel.
Mr Lawrence had said in evidence that he and Ms Hand had consensual sex twice. Ms Hand said she had no memory of that and described it as "a made-up story".
In cross-examination, Mr Lawrence denied he was being used as a "fall-guy" concerning the allegation Mr McGregor had raped Ms Hand.
Mr Lawrence is appealing his own costs in the case, even though the court heard that Mr McGregor was paying his legal costs.
Last January, Mr Justice Owens ordered Mr McGregor to pay most of the costs of the civil trial - €1.3 million.

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