The jury in a civil case against Conor McGregor has begun its deliberations at the High Court in Dublin.
Mr. McGregor is facing an accusation in the civil action that he "brutally raped and battered" Nikita Hand at a hotel in south Dublin in December 2018.
The Irish sports star previously told the court he had consensual sex with Ms. Hand in a penthouse at the Beacon Hotel.
Ms. Hand, who is also known as Nikita Ni Laimhin, is also suing another man, James Lawrence, for assault.
Following two weeks of evidence and a number of days listening to closing speeches and the judges’ charge, the jury of eight women and four men started their deliberations at 3:03 pm on Thursday.
No Speculation
Justice Owens also told the jury they cannot speculate and must consider all the evidence.
He told them that they cannot speculate about what a witness might say if they were more forthcoming while giving evidence in court.
He said a more reliable witness is the silent witness, which refers to CCTV footage and phone records.
He said that the "silent witness" has no "axe to grind" and will be considered more reliable.
Justice Owens urged the jury to look at the CCTV carefully, adding that they are not bound by the views of the counsel in relation to what they saw in the footage.
"Inaccurate"
He also warned the jury that witnesses are "notoriously inaccurate" when speaking about timings, especially those who have been drinking alcohol.
He said it can be useless to ask a person their view of times as you will only get "guesstimate."
He further referred to evidence from Mr. Lawrence, who claimed he had sex with Ms. Hand’s friend, Danielle Kealy, three times in a short time period before they left the hotel.
The jury was also told Ms. Hand’s evidence is that she texted her former boyfriend when she woke up in the hotel room shortly after 6 pm, but that CCTV footage shows her in the hotel car park when she sent the text.
"Was this a lie or something that she was confused about?" Mr Owens put to the jury.
CCTV
He also asked them to consider what they could see of Ms. Hand and Mr. Lawrence in the lift when they were attempting to return to the hotel room, as well as footage showing the pair leaving the hotel shortly after 10:30 pm.
He said that they should view the CCTV footage and assess the condition of Ms. Hand and Mr. Lawrence in the lift, how long it took them to realise that pushing buttons would only get them to the second floor.
He said to use the footage to assess the condition of the pair and bring all the evidence together and make a provisional conclusion based on that evidence.
Damages
Turning to damages, Justice Owens urged the jury to "stay away" from what is stated in the pleadings, including references to Ms. Hand being a "fraud" and a "gold digger."
He said that the jury will be asked separate questions on whether Mr. McGregor assaulted Ms. Hand and whether Mr. Lawrence assaulted Ms. Hand.
He said the verdict of the jury must be one on which nine or more jurors agree.
If the answer is yes to either question, the jurors who answered yes will then go on to assess damages under four categories.
These include general damages for assault, special damages for medical damages and loss of wages, damages for loss of future earnings, and aggravated damages.
*This article was originally published on Extra.ie.
Comments