McGregor seeking to introduce new evidence in appeal over civil rape case

High Court reporters

Former UFC fighter Conor McGregor wants to introduce evidence from a new witness claiming she saw Nikita Hand being assaulted by someone else, in his appeal against a jury's finding that he raped Ms Hand.

Mr McGregor's lawyers' application to introduce fresh evidence will be heard along with his appeal against the High Court jury's verdict at the beginning of July.

Ms Hand, in an affidavit, has described the new allegations as "lies".

Appeal court judge Mr Justice Seamus Noonan said the fresh evidence sought to be introduced by Mr McGregor came from a couple who lived across the street from Ms Hand and her now former partner.

Mr Justice Noonan said a woman was alleging that she had seen a row from her window between Ms Hand and her partner on the night of Sunday, December 9th, 2018.

She alleges Ms Hand was punched and kicked on the ground during this row.

She did not see Ms Hand on the ground, the judge said, but inferred from the movements of her partner's body that he was punching and kicking her.

Mr McGregor's side suggests this explains the severe bruising seen on Ms Hand's body in the morning when she was taken by ambulance to the hospital.

In the High Court case, the judge said Mr McGregor claimed he did not inflict the bruising but was not in a position to offer a plausible alternative explanation.

The introduction of the fresh evidence is being challenged by Ms Hand's lawyers based on its credibility. They are also querying why the witnesses did not come forward sooner.

The court heard the woman had sent an Instagram message to Mr McGregor after publicity on television about the High Court case, but there are no details about when she sent the message.

Lawyers for Nikita Hand pointed out that there was television publicity about the High Court case, which started in November last year, from the very beginning of the trial.

Senior Counsel Ray Boland, for Ms Hand, said she had sworn an affidavit in which she says the allegations are untrue and are lies.

The judge said an assessment of the credibility of the new evidence was going to involve a consideration of all the evidence heard in the High Court. He also directed that both sides will be able to cross-examine witnesses about the evidence they gave in affidavits.

He set a date of in July for the hearing of the application and the appeal. It is expected to take around two days.