Prosecutors have said they have not filed criminal charges against Conor McGregor because his accuser had consumed too much alcohol and too many drugs.
McGregor, 36, faced an allegation that he brutally raped and assaulted Nikita Hand, 35, in a south Dublin hotel in December 2018.
After deliberating for six hours and ten minutes, the jury returned their verdict in a civil court yesterday afternoon, awarding Ms Hand almost €250,000.
She separately lost her lawsuit against Conor McGregor’s boyfriend, James Lawrence, who she also accused of assaulting her on the same night out.
However, questions have been raised as to why the Director of Public Prosecutions (DPP) has recommended that no criminal charges be laid against McGregor and Lawrence in 2020.
The reason was explained to the jury during the case, claiming that a ‘very high standard of proof’ would be required and addressing issues such as the reliability and consistency of witnesses, the fact that Mrs Hand could not remember having sex with Lawrence, the amount of alcohol and drugs she consumed, and her behavior on CCTV footage were all factors in their decision.
McGregor, 36, was accused of ‘brutally raping and assaulting’ Nikita Hand (above), 35, at a south Dublin hotel in December 2018
After deliberating for six hours and ten minutes, the jury returned with their verdict at the civil court yesterday afternoon, awarding Ms Hand almost €250,000. Pictured: Conor McGregor leaving the Supreme Court with his girlfriend Dee Devlin
The police file was personally reviewed twice by then DPP Claire Loftus, but both times the same conclusion was reached; that they would not be able to ‘prove beyond reasonable doubt’ that a crime had been committed.
A letter from the DPP’s office on August 7, 2020 stated that the police file included evidentiary statements, a report from a sexual assault treatment unit, reports from Forensic Science Ireland, CCTV from various locations, data obtained from the hotel, mobile phone data , photos and warned interviews with suspects.
It also made clear that it was the duty of the Office of the DPP to determine whether there was a reasonable prospect of obtaining a conviction on the available evidence.
‘We have considered a number of criminal offences, including rape and assault causing harm.’
It said the file was examined by a lawyer and advice was also sought from a senior counsel with significant experience in criminal matters. There was also a review from the director himself.
Both McGregor and Lawrence were identified and taken into consideration to determine whether there was sufficient evidence to prosecute either of them, including examining available evidence, including the admissibility of evidence, and the sufficiency and strength of the evidence presented during the trial would be submitted.
The letter said: “The prosecution must prove beyond a reasonable doubt that the suspect did it. The suspect does not have to prove his innocence.’
Ms Hand challenged this decision in a letter dated August 20, 2020, which she wrote with the help of the Dublin Rape Crisis Centre, saying: ‘I am very unhappy. “I feel like I’m being treated differently than other victims because one of the suspects is a well-known person.”
She added that she believed she had not been given “real reasons” not to take criminal action.
James Lawrence, co-accused of Conor McGregor, appeared at the High Court in Dublin on Thursday
Ms Hand joined family and supporters in saying she felt vindicated by the outcome
Mixed martial arts fighter Conor McGregor and partner Dee Devlin leave the Supreme Court
Mixed martial arts fighter Conor McGregor and partner Dee Devlin and mother Margaret outside the High Court in Dublin, November 22, 2024
The DPP responded with a second letter on November 3, 2020, stating that the matter had been personally reviewed by Ms Loftus and that the decision not to pursue criminal charges was ‘correct and should remain in force’.
It said the case was “a very complex matter to decide for a number of reasons”, adding that the identity of any of the suspects had no bearing on their decision.
Ms Hand was told it was looking at the extent to which witnesses’ evidence was consistent and reliable, and whether details in the evidence could be independently corroborated.
“A significant factor in this case was the existence of a second suspect who claims to have had sexual intercourse with you after you stated that you were raped by the first suspect,” the letter said.
Mr McGregor was the first suspect and Mr Lawrence the second suspect.
“As you are aware, you have no memory of interacting with the second suspect and have stated that if sex had occurred it would not have been consensual,” the letter continued.
‘You also described in your statement how much alcohol and drugs you had consumed.
‘The hotel’s camera images and relevant witness statements from hotel staff and a taxi driver were examined.
‘That evidence would not generally support a prosecution against the second suspect and was also material to the overall strength of the evidence in relation to the first suspect.
“It’s not about who we as prosecutors believe.
“Our job is to assess, on the basis of all the evidence, whether there is a reasonable prospect of conviction.
‘The director concluded that there was no reasonable prospect of conviction of either suspect in this case.’
McGregor previously told the court he had consensual sex with Ms Hand
McGregor has since vowed to appeal the decision, saying he was ‘disappointed’ and ‘focused on my future’
Ireland’s Justice Minister Helen McEntee praised Ms Hand’s bravery and said she had shown there is “light at the end of the tunnel”.
‘I just want to commend Nikita for her courage, for her determination and the leadership she has shown in what has been, I have no doubt, a very, very difficult time for her and indeed for her family.
She added: ‘Thanks to amazing people like Nikita, I hope it shows there is light at the end of the tunnel, there is support available for people and ultimately there is justice.’
The total amount of damages awarded to Ms Hand by the jury was €248,603.60 (£206,621.91).
Nikita Hand said she hopes her case will remind victims of abuse to “continue to pursue justice,” and show her daughter, Freya, “that you can stand up for yourself when something happens to you, regardless who the person is and that justice will be done’. be served’.
She said: “I hope my story reminds you that no matter how scared you are, speak up, you have a voice and keep fighting for justice.
‘I know this has greatly affected not only my life, my daughter’s life, my family and friends.
‘It’s something I’ll never forget for the rest of my life.
“Now that justice has been done, I can now try to move on and look forward to the future with my family, friends and daughter.”
When asked if she felt vindicated after the jury’s decision, she replied: ‘Yes, I do. Thank you.’
McGregor has vowed on social media to appeal the decision, saying he was “disappointed” and “focused on my future.”
In a now-deleted message, McGregor said: “I am appealing yesterday’s decision. The judge’s instruction and the modest award awarded were for assault, not for serious or exemplary damages.
“I am disappointed that the jury did not hear all of the evidence that the DPP reviewed. I am with my family now, focused on my future. Thank you for all my support worldwide.”