Conor McGregor's barrister puts to woman in sex assault civil action case she was 'enthusiastic participant'

Conor McGregor had sex with Nikita Hand twice and they were both “sexually excited” - his own barrister has claimed before his civil assault trial. Remy Farrell SC for the respondent Mr McGregor (36), put it to the complainant Ms Hand, who claims she was “raped” by the UFC star, that his client had sexual intercourse with her twice in the penthouse suite of the Beacon Hotel in Sandyford on December 9 2018 - and that she was an “enthusiastic participant.”

Former hair colourist and Drimnagh native Ms Hand (35), who is suing Mr McGregor and James Lawrence for damages over the alleged assault, denied Mr Farrell’s claims on behalf of his client, and at one point stated that it sounded like a “made up story.” Mr Farrell was into his second day of cross examining the witness - who claims McGregor violently raped her in the bedroom and that she thought she was going to die.

Earlier in the day the court heard Mr Farrell tell Ms Hand that “everything in the CCTV” footage which was played before the jury “flatly contradicts” her story - to which Ms Hand responded: "I know what happened to me (in the room). I was brutally raped and battered and that CCTV does not take away what happened to me."

She also said that from watching the footage in court she said it was not her, “not my character,” and cited she was “drunk,” “stumbling” and that it was “very disturbing” to look at. "It’s not me, not my character, I’m drunk, I’m stumbling. It’s very disturbing for me," she said. The court also heard Mr Farrell suggest that the CCTV shows she was “interested in romantic entanglement" - with her seen “kissing” Mr Lawrence at one stage and “hugging” McGregor at another.

READ MORE: Live updates as Conor McGregor's civil case enters third day

READ MORE: Woman claims Conor McGregor 'choked her three times' before 'raping' her

Later Ms Hand also accepted her earlier claim to the jury that a text she sent to her boyfriend on the evening of December 9 was actually sent from the car park of the Beacon - as displayed on CCTV - and not in the bedroom when she woke up next to Mr McGregor.

The jury of four men and eight women heard Mr Farrell put it to Ms Hand that "some of what I'm going to say you are going to find offensive,” and suggesting to her that when his client went into the bathroom that day, that she came in behind him, took off her clothes, performed oral sex on him and they then had intercourse on the bed. Ms Hand replied by saying the claim “didn’t happen.”

Mr Farrell also said that prior to this Ms Hand, her friend Danielle, Conor McGregor and the co respondent in this case James Lawrence were all in the sitting room of the penthouse suite and asked her if she remembered Mr McGregor “flirting” with Danielle. Returning to the bathroom, Mr Farrell said he was suggesting to the witness that she and Mr McGregor “started kissing” and that he had the belt of his jeans open “because he was using the toilet.” Ms Hand responded in court by saying she did not agree to this version of events.

Mr Farrell went on to say that he was suggesting Ms Hand “largely” took her own clothes off, and that Mr McGregor took his off and “you’re both sexually excited.” He put it to Ms Hand that she “started to give Mr McGregor oral sex and then went and had sex with him on the bed.” Mr Farrell went on to put it to Ms Hand that, at some point in the afternoon, James Lawrence and Danielle had sex, and suggested that the noise of it from the other room was “quite obvious.”

He stated to the witness that "they were having sex at a similar time to when you were having sex with Mr McGregor". He further suggested that at one point in the events Ms Hand went into Danielle and Mr Lawrence and was "messing and slagging them and made some comment to James that he was eating her out or giving her oral sex".

"That's disgusting. I don't agree with any of that,” Ms Hand responded in court. Mr Farrell, acting for Mr McGregor, who was present in court for the third day of this civil trial, went on to suggest that later while his client was asleep on the bed that Ms Hand and Mr Lawrence went into him and lifted both of his legs up.

“Mr McGregor told you to get lost and that this was maybe towards the end of the period you're in the hotel, that he was there at least,” he said. Again Ms Hand stated that this did not happen.

The senior counsel then put it to the witness that she had "sex with Mr McGregor a second time and that he didn't finish - clarifying that he meant “he didn’t ejaculate.” Ms Hand stated that this was “not true.”

Mr Farrell stated that the witness had sex with his client Mr McGregor "in various different positions and that your legs were on his shoulders at some point" - something she also denied. He suggested that "there's various points where his hands were on your thighs and buttocks". Ms Hand says "this is like a made up story". Mr Farrell further stated that she was an "enthusiastic participant" and "made noises,” with the witness responding “No” in response in court.

Earlier Mr Farrell referred to Ms Hand’s statement of claim where she had stated she was claiming she was “beckoned” to the bedroom by McGregor, he kissed her, she voiced her objections and he advised her to “relax baby.” They claimed that he “roughly removed her clothes” and that she bit him and he “enjoyed” that. The statement claimed Ms Hand stated she was on her period, had a tampon in and was not looking for sex.

Ms Hand was asked by Mr Farrell if she could remember where she bit McGregor, to which she said she could not. "I just know I bit him. I don't know what part of his body I got," she responded.

He further put it to her that her claim of her watch cutting her breast during the alleged assault is not something she told gardai in interview - and that in fact she had told them she didn’t know if she was wearing a watch. Ms Hand said this was “maybe because I was so confused.”

Regarding the CCTV footage, Mr Farrell said it showed a timeline of events that saw her leave the salon with Danielle and McGregor at 10:13am on Sunday December 9, arrive at the Beacon at 12:16, get into the elevator at 12:34 - and the “next relevant event” is at 18:12 when all four are back in the lift and McGregor and Danielle leave. Ms Hand is seen leaving the Beacon then at 22:28.

Ms Hand was upset in court and took a break when the CCTV was being discussed in cross examination. Upon her return Mr Farrell noted that Ms Hand is “distressed” in court and had stated she does not want to see the CCTV footage again. He put it to the witness that the footage suggests she "certainly seems to have romantic designs" on Mr Lawrence and is seen "kissing" him.

Ms Hand responded by saying that "it looks that way,” and said "I don't feel like I'm wrong because I don't remember any of it." “I know that is me on the CCTV but that’s not my character, I’m not acting normal, I’m very, very drunk,” she said.

She was also asked if she remembers "hugging Mr McGregor" as seen in the footage and again cited she could not remember what occurred in the lift. Ms Hand told the court that she does not remember every single detail to this day.

She was also cross examined about the doors between the bedroom and the living area of the penthouse suite and about whether or not it could be closed and locked. Mr Farrell suggested to the witness that the door could not be closed or locked - and the witness told the court she remembered a door being closed.

She was also challenged on her recollection of what hotel she stated she was in to people at the time - having told her then boyfriend ‘Ste’ that the alleged rape occurred in the penthouse suite of the Morgan Hotel in Dublin’s city centre. She was asked at what point in the process did she become aware that she was actually in the Beacon Hotel in Sandyford - and told the court that it was when gardai told her.

Asked when she was told that by gardai she said she could not remember now but “I’m sure they probably told me,” and cited that it was six years later at this stage. Mr Farrell put it to the witness that a “big chunk” of what she had told people at the time immediately after the incident was “wrong” and asked if she had given any thought to the existence of the CCTV when going in for an interview with gardai on January 5, 2019.

She was also asked about text messages she deleted and whether she asked friends to delete messages after the incident, to which she said yes and that she had told them to “delete them straight away." Mr Farrell also told the court how it now transpires Ms Hand accepts her memory is wrong about a text which said “ha ha in the Goat.” that she sent to her then partner at 18:28 on the evening of the alleged rape.

Ms Hand had told the court she texted Ste from the bedroom after going to her bag and taking out her phone as she woke up next to McGregor. "Obviously I was very very confused,” Ms Hand stated and said her memory of times was not good.

Mr McGregor’s counsel suggested to the witness that some time around 11pm that night her memory resumed and it was "business as usual". Mr Farrell asked whether she accepts from CCTV that it "looks like you're functioning perfectly normal.” Ms Hand said she did not agree with Mr Farrell who then amended his question to ask if she appears to be “conscious” in the CCTV - to which she said yes.

He further asked the witness if she knew anything about MMA and whether she had ever gone to a fight before. Ms Hand said she was never at a fight in her life - and when Mr Farrell put it to her that she went to Vegas - she said she did go there but not to a fight.

Ms Hand was also challenged on her account of what she said to her friend Emer Brennan when she went to her house on the night of the 9th. Mr Farrell alleged that what gardai had obtained from Ms Brennan was “totally inconsistent” with what Ms Hand had claimed. He asked the witness if she remembered telling Ms Hand that she had ran out of the bedroom because security men came in and she thought she was going to be “gang raped.”

He also asked if she recalled telling Ms Brennan that she “ran off because you thought you were going to be raped by a security guard. Ms Hand said she could not recall saying this and stated she was “obviously confused at that point,” as she was “just after being brutally raped” and things were “slowly coming back to me.”

"Whatever I told her, I was obviously very confused. I told her I was raped and battered and that was the main detail,” she told the court. She also stated she remembered telling Ms Brennan that night that it was Conor McGregor.

Mr Farrell brought up Ms Hand’s text messages to her partner Ste on the 9th and how she did not reply to him for “some time.” He stated that CCTV shows her leaving the Beacon Hotel at 10.28 and her texts correlate that she texted him to say she was coming home from town.

Ms Hand stated in response that it was “not a crime to tell your boyfriend a lie,” and said that she knew she was in a hotel but did not know what one. Mr Farrell told the witness that “can’t be your evidence” and pointed out that she had told gardai that she knew she was in the Morgan Hotel in Temple Bar because of the chrome bath in the penthouse suite.

He put it to the witness that based on what she said in her text message to Ste “at that stage you knew you hadn’t been in town. He said Ms Hand now seems to accept she knew she wasn't in town - and if her evidence to the court is correct then what she texted “wasn’t a lie at all.”

Later in the day the court heard a 38 minute recording of the conversation Ms Hand had with her then partner Ste in the early morning of December 10 - when she returned home. The court had heard that Ste recorded the conversation and that Ms Hand was at the time unaware and learned of it weeks later. The jury was provided with the full transcript of the recording, which was played in full before the court.

In the recording Ms Hand can be heard telling her partner she was “so sorry” and him repeatedly asking her to tell her what happened. Ms Hand is heard saying she was “in the Morgan” and that she was “choked” and “can’t tell you who it was yet.” Ste is repeatedly heard asking for more information and an audibly upset Ms Hand is heard saying she cannot tell him as she has been “threatened” and was “warned not to.”

In the recording, which Ms Hand described as an argument, she could also be heard saying her then partner was making everything about himself and telling him to f*ck off.” "How do you think I feel? My neck being choked, my knuckles being black and blue, my legs, my body. And you're still worrying about yourself?" she is heard saying.

Ste is heard saying he cannot just “sit here” and not know where she was and what happened and who was responsible. He is also heard saying he was “doing something about this” and that he was going to call gardai - to which Ms Hand is heard pleading with him not to. "Don't do anything. The only thing you should be doing right now is supporting me," Ms Hand is heard to reply.

"F**k off Ste. I'm after being raped. F**k off. That's all you care about, your own mind. How do you think my mind is right now? I'm after being sexually abused,” she is also heard to say. Her then partner is heard asking why Ms Hand had told Ms Brennan what had happened and not him. "Emer is not going to say anything," Ms Hand responds. "You will. You'll tell the nation."

The trial continues on Friday before Mr Justice Alexander Owens.

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