Judge in McGregor case warns about mobile phone use

A jury in the High Court action taken by a woman who says she was raped by MMA fighter Conor McGregor has expressed concern that it was being filmed or photographed by someone in the public gallery.

The incident emerged in court on the fourth day of an action by Nikita Hand who has alleged in her civil action against Mr McGregor and another man, James Lawrence, that Mr McGregor raped her in a hotel room on 9 December 2018.

Mr McGregor, and Mr Lawrence of Rafter's Road in Drimnagh, deny Ms Hand's claims.

At the outset of today’s hearing the judge was handed a note from the jury foreman.

Mr Justice Alex Owens said the note described how members of the jury saw someone in the public gallery yesterday pointing a phone at them and they were concerned about videos or photos being circulated to the public.

Judge Owens said if that happened it was "completely inappropriate" and he would be keeping a careful eye out.

The judge said he would ask a garda to remain in the public gallery and said no one would be allowed to stand in the gallery, only those who had a seat. The judge said it was contempt of court to take photos of a jury and steps will be taken to deal with it.

The cross examination of Nikita Hand continued for a third day by Remy Farrell SC.

She agreed that when she told her boyfriend "he said he’d kill me" she was referring to Mr McGregor.

Mr Farrell put it to her that she had never once suggested that to gardai and was asked "is that something that happened or didn’t happen?" She replied "I can’t remember."

Mr Farrell said he would take her through the lies she told to her boyfriend after returning home.

Ms Hand accepted she had told several lies and said: "I lied to my boyfriend, that is not a crime. What happened to me was a crime."

Asked if a text message she sent to her then boyfriend to say she was on her way home and was dropping off a female friend was all part of the "web of lies" she was weaving, she said: "I agree with you. I did lie to my boyfriend."

Ms Hand said she was upset and traumatised and only cared about her body and her injuries at that stage.

Mr Farrell said she had yesterday agreed that there was no reason for her to tell any more lies to her boyfriend once she was home.

He suggested the reason she continued to lie was simply because she didn’t want to tell him that she and a female friend were in a hotel room with two men. She replied: "I just didn’t want to tell him."

Mr Farrell again asked "You didn’t want to tell him it was you and a female friend with two men in a hotel room?" Ms Hand replied: "Yeah."

She told Mr Farrell she had never suffered from panic attacks in the past, only mild depression. However Mr Farrell said her medical records show she had been given medication for panic attacks and increased anxiety prior to the alleged incident.

Regarding her claim for loss of earnings, Mr Farrell said she had claimed to have intended to set up her own salon. She said she would have loved to do that.

Mr Farrell put it to her that she did not have any particular qualifications, and she replied: "I think I would."

Ms Hand was then cross-examined by counsel for James Lawrence who said a curious feature of the case was that he was there "not because of what you said but because of what he said".

Senior counsel John Fitzgerald said his client had "brought himself into the case" by saying something to gardaí in January 2019.

He said Mr Lawrence did so "after you had been given a number of opportunities to discuss what happened". Ms Hand said she did discuss what happened with gardaí.

Mr Fitzgerald put it to her that "one aspect was clear, you were talking about a singular assailant, a lone assailant and there was no second man?" Ms Hand replied she had "no problem with James".

As it happened: Day four of McGregor case hears Hand 'looked shook'

Mr Fitzgerald reminded her that she was later shocked when told that Mr Lawrence had told gardaí she had sex with him after Mr McGregor left the hotel. She said she "absolutely" believes he is lying about that.

Mr Fitzgerald reminded Ms Hand that she said she fell asleep after the alleged rape by Mr McGregor and suggested to her that not only was she not asleep but that " a lot went on".

He suggested that she and Mr McGregor were being very affectionate, happy and laughing and pulling out of each other. Ms Hand said she did not remember this.

Mr Fitzgerald suggested that she and Mr McGregor went into another room to have sex. The door was open and they could be heard clearly having sex and that there were noises indicating she was having a good time not a bad time. Ms Hand said she did not agree with any of that.

Mr Fitzgerald said he was suggesting that she and Mr McGregor went into another room to have sex, the door was open, and they could clearly be heard and there were moaning noises indicating she was having a good time not a bad time. Ms Hand said she didn't agree with any of this.

She said she had no memory of going in and out while Ms Kealy and Mr Lawrence were having sex in another room, saying she thought this was "another made up story".

Mr Fitzgerald put it to Ms Hand that she had a very clear memory of what exactly she had said to Mr Lawrence after she went back up to the room after Mr McGregor and Ms Kealy had left.

He said there were two periods of gloom where she remembered nothing and then the clouds part and you have a crystal-clear memory and asked her if this did not seem strange to her.

Ms Hand said it did not.

Mr Fitzgerald put it to her that in the CCTV footage she did not look like someone who was distressed at having been violently raped.

"I'm going to show you a few clips that show the opposite," he said.

Ms Hand repeatedly told him she had no memory of the events in the CCTV footage and her answers would not change.

He said the footage showed "you’re kissing him he’s not kissing you".

She agreed that was what the footage showed but she had no memory of it.

Mr Fitzgerald said she had told gardaí she was not attracted to Mr Lawrence and the footage showed the opposite.

He also put it to her that when she went back to the room with Mr Lawrence they had consensual sex twice.

She said she believed this was a made-up story as she had no memory of it.

Mr Fitzgerald suggested she did have a memory of it, but it was not a good look for someone who was accusing a man of rape to have had sex with his friends twice afterwards.

In reexamination by her own barristers Ms Hand was shown photographs of her clothing and underwear taken by gardaí which showed damage and fraying to the straps.

She said this damage had occurred when her clothing had been aggressively pulled by Mr McGregor.

Emer Brennan, the manager of the hair salon where Ms Hand worked, described how Ms Hand was in a distressed state when she came to her house the night after their Christmas party.

She said while Ms Hand was on her way she had sent her a text to say: "Me and Danielle went to a hotel last night with Conor McGregor, he raped me Emer, I’m black and blue, how will I explain this to Ste?"

Ms Brennan said Ms Hand arrived looking "shook" and was very upset.

She helped her remove her coat and could see she had a bruise on her arm.

She said Ms Hand told her she had tried to fight him off and had bitten him but after he choked her, she stopped fighting and let him do what he wanted because while he was choking her all she could see was her daughter’s face.

"She said she lay on the bed afterwards and told me 'I know this is going to sound weird, but that part was actually nice because it was all over, the rape was over’"

Ms Brennan also said Ms Hand had told her two security guards had come into the room and she thought she was going to be gang raped and ran from the room.

Ms Brennan said Ms Hand told her she ran from the hotel car park afraid of being raped by a security guard and got a taxi.

Ms Brennan said she advised Ms Hand not to have a shower and to see a doctor.

She said she had photographed Ms Hand’s injuries but later deleted them of her own volition and because Ms Hand had asked her two as they were both concerned about the media attention.

She said Ms Hand had tried to return to work but eventually left as she could not cope with customers in the salon talking about it every time it was in the media, even though they did not know it was Ms Hand who was involved.

Detective Sergeant John Ryan told the court he was called to assist an ambulance call out and met Ms Hand on 10 December 2018.

He said he spoke to Ms Hand at the sexual assault treatment unit at the Rotunda Hospital.

Reading from his notes taken at the time he said Ms Hand had told him she had been in a hotel room with a friend and had been raped but would not name the friend.

Det Sgt Ryan had noted that Ms Hand said she was "terrified of him" and "afraid for me and my family".

The note said Ms Hand told him she had been "raped by one male (she thinks) but remembers two other males in the room".

The Det Sgt also made notes when Ms Hand was speaking to doctors about what happened to her and after taking her home to her mother’s house invited her to make a statement but she refused and said: "I’m not pressing charges."

She agreed to have pictures of her injuries taken the following day but refused to hand over the pyjamas she had worn to the hospital.

Asked for his impression about the state she was in, Det Sgt Ryan said Ms Hand had been "extremely upset".