A jury in the civil case taken against MMA fighter Conor McGregor has been told they can regard rapes and cover-ups, or evidence they regard as ‘patently untruthful’, if they come to assess punitive damages.
The jurors were given some final words of legal advice by the trial judge, before beginning their deliberations in the action taken by Nikita Hand against Mr McGregor, and his friend James Lawrence.
Ms Hand, a 35-year-old hair colourist from Drimnagh, has alleged the two men raped her in the Beacon Hotel in Dublin on December 9, 2018, during a cocaine and alcohol-fuelled afterparty.
Both have denied the mother-of-one’s allegation, and claimed the sex was consensual.
The jurors were sent to consider their verdict at 3pm yesterday, following a seven-hour charge by Judge Alexander Owens, at the close of a 11-day case.
Judge Owens ran over all the evidence heard in the trial, before telling them: ‘That concludes the evidence.
I am now going to ask you at this particular stage to deliberate on your verdicts.’ He said he wanted to remind them that the onus of proof was on the plaintiff, Ms Hand, and that the much reach their verdict on the balance of probabilities.
Their conclusion must be based on the evidence, he said.
Conor McGregor outside the High Court in Dublin on November 19, 2024
Nikita Ni Laimhin, who is also known as Nikita Hand, leaving the High Court in Dublin on November 19
James Lawrence outside the High Court in Dublin on November 19 amid closing statements
If they got to the stage of deciding damages, he said they should remember that general damages are awarded for pain and suffering to date and into the future, and in assault cases should reflect elements of stress and humiliation.
They should also recognise that such damages can also be a mark of vindication. Aggravated damages can be awarded for events that have shocked the plaintiff, he said, but he warned them not to ‘double count’ under different headings of damage.
Exemplary or punitive damages are to punish a defendant, he said.
‘You examine the evidence and decide whether or not you are going to award punitive damages, for something you regard as really serious,’ he explained.
‘You are entitled to regard rapes or cover-ups as serious, or evidence you regard as patently untruthful in that regard as well.’
He urged them to ‘use your good sense’, and reminded them that all their decisions must be evidence based. While in the jury room, the jury will have an issue paper on which it must record its decisions. The issue paper includes two questions.
The Four Courts where Irish mixed martial arts fighter Conor McGregor’s civil trial on allegations of sexual assault is taking place, in Dublin, November 19, 2024
Firstly, did Conor McGregor assault Nikita Hand? They must answer yes or no to this. Secondly, did James Lawrence assault Nikita Hand?
This also has a yes or no answer. If the answer to both questions is no, then they proceed no further, and Ms Hand has lost her case.
However, if the answer to question one is yes, they can then assess damages under the following headings: General damages, special damages which include medical expenses and loss of earnings, aggravated damages and exemplary damages.
If the answer to the second question is yes, they can assess damages under the headings of general, aggravated and exemplary damages.
The judge has already explained to the jury that no special damages can be awarded against Mr Lawrence, as Ms Hand has no memory of having sex with him.
Her PTSD claim, which has led to her ongoing need for counselling and her claim that she us unable to return to work, stems from the alleged rape by Mr McGregor, he said.
He reminded them yesterday that answering no to the allegation against one defendant, does not mean they have to answer no for the second. Equally, a yes for one does not automatically mean a yes for the other.
‘You are asked to look at two different cases,’ he said. After an hour, they were told they could return home, but must not discuss their deliberations with anyone, including loved ones, before resuming their work at the High Court today.
