McGregor Trial: Jury Instructed Personal Feelings Are Irrelevant

During the Conor McGregor trial, the jury received instructions that their personal feelings, even if they “loathe” him, were irrelevant. Remy Farrell SC, counsel for the Irish mixed martial arts (MMA) athlete, commenced his concluding statement at Dublin High Court on Tuesday. Nikita Hand, a woman from Dublin, has accused the sportsman of rape following an outing in December 2018. Mr. McGregor refutes all accusations. This proceeding is a civil case being heard in Dublin High Court, as the Director of Public Prosecutions in Ireland declined to pursue criminal charges against Mr. McGregor. Mr. Farrell informed the jury that “what is important is the evidence.” He stated, “The case is not about a hot take, or what colour writers in newspapers say its about, it doesn’t get reduced to one soundbite, it’s about evidence and nothing but the evidence.” He conveyed to the jury that their personal sentiments regarding Mr. McGregor were irrelevant. “You may not like Mr McGregor. Mr McGregor is somebody who is hard to avoid, who elicits strong views, some people love him, some people very much do not,” he remarked. “He’s not backwards about coming forwards with his own opinion about various things.” He continued, “It may be the case some, a lot, most of you, have negative views about Mr McGregor, some of you may even loathe him, there’s no point pretending it may be otherwise. It’s important I address that.” The Irish athlete asserts that he engaged in consensual sexual activity with Ms. Hand on two occasions at the Beacon Hotel in Dublin. He further testified in court that Ms. Hand had sexual relations with his associate and co-defendant, James Lawrence. Ms. Hand, however, denies ever having sex with Mr. Lawrence. The jury, composed of eight men and four women, has heard eight days of testimony, featuring Ms. Hand, Mr. McGregor, Mr. Lawrence, medical professionals, and two paramedics. On Tuesday, Mr. Farrell characterized his client as possessing “a forceful personality” and enumerated instances of Mr. McGregor’s courtroom statements or actions that might have been unfavorable to the jury. He noted a collective sharp intake of breath from the jury when Mr. McGregor, during his testimony, referred to Ms. Hand and her friend as “two lovely ladies” while on the stand. He further stated, “You may also be unimpressed with a man who leaves his family home on Saturday, goes drinking with women in hotel penthouses… they’re all unlikely to endear him to you.” He concluded, “I’m not asking you to like him, I’m asking you to look at the evidence.” and “I’m not asking you to invite him to Sunday lunch, but to interrogate your own views.” Mr. Farrell asserted that the CCTV footage from the Beacon Hotel was undeniable and alleged that Ms. Hand’s claims were inconsistent, further stating that she “invented” a narrative during her conversation with her friend Eimear Brennan. He also alleged that Ms. Hand attempted to “airbrush” the witness Danielle Kealy from the scenario. He claimed, “Ms Hand knew full well the account she was giving made no sense if Danielle Kealy was there,” characterizing it as “an elaborate fabrication.” During their concluding statement, Nikita Hand’s legal representatives described Mr. McGregor as an “arrogant,” “cowardly” individual who “savagely” assaulted Ms. Hand. John Gordon SC informed the jury that Mr. McGregor had been untruthful throughout the proceedings regarding the events between him and Ms. Hand. He further stated that Mr. McGregor and his co-defendant, James Lawrence, conspired to portray Ms. Hand as a “hussy.” Mr. Gordon declared, “You’re being sold a pup by this arrogant man.” He continued, “Mr McGregor, far from dealing with it, has run away from it. There is no answer to his appalling behaviour.” He concluded, “What should he have done if he was a man at all is to apologise to my client for what he did to her, he’s not a man, he’s a coward, a devious coward and you should treat him for what he is.” Mr. Gordon also noted that paramedics, psychologists, and doctors have corroborated Ms. Hand’s account of the incidents. This corroboration includes evidence that she continues to experience PTSD and that a tampon, lodged in her vagina, required removal with forceps. In civil proceedings within the Republic of Ireland, unlike criminal cases, neither the plaintiff nor the defendant is automatically granted anonymity during court hearings.