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The Court of Appeal in Ireland has referred withdrawn evidence from Conor McGregor’s civil case appeal to the Director of Public Prosecutions (DPP), with accuser Nikita Hand’s team citing potential perjury.

Hand successfully sued the MMA star this past November after claiming he had raped her in a Dublin hotel in December 2018.

McGregor’s appeal process began Tuesday morning in Dublin. When proceedings got underway, McGregor’s legal team declared that the evidence provided in affidavits by former neighbors of Hand’s, Samantha O’Reilly and Stevens Cummins, would be withdrawn as a ground for appeal.

In a sworn — now withdrawn — statement, O’Reilly claimed that she saw Hand’s then partner Stephen Redmond assaulting her within the same timeframe that the assault by McGregor was alleged to have taken place.

Quotes published by Sunday World in May stated that O’Reilly claimed she saw an assault take place from her bedroom window. She claimed to have seen Redmond push Hand to the ground, but did not see him strike any blows, as her view was obscured.

“I could see [Redmond’s] arms moving up and down as if he was hitting Nikita. I also saw him moving his hips in a way that indicated to me that he was kicking her,” said O’Reilly, according to the Sunday World.

Her partner, Cummins, claimed he heard screams from Hand’s home around the same time. In a counter affidavit, Hand described the claims of O’Reilly and Cummins as “lies” and insisted that Redmond had never assaulted her.

Both O’Reilly and Cummins came forward with their information only after McGregor lost the civil trial, for which Hand was awarded approximately €250,000 in damages. McGregor denied raping Hand, insisting they had consensual and “vigorous” sex.

Perjury

John Gordan, senior counsel for Hand, asked the Court of Appeal to use its powers to refer matters to the DPP, citing concerns around perjury. The three judges of the court — Justice Isobel Kennedy, Justice Brian O’Moore and Justice Patrick MacGrath — said they would do so.

Gordon said it was “frankly not appropriate” for the ground to be withdrawn at a late basis. He revealed that he had been made aware of the withdrawal 10 minutes before it was announced in court and argued that he should be allowed to cross-examine O’Reilly and Cummins.

Gordon noted that the application regarding the affidavits had been submitted “some months ago,” and that the information the proposed witnesses intended to present had been “widely published” within Irish media.

He reminded the court of the “scale of the accusations” directed at his client, describing them as a series of “highly disparaging and unfair criticisms,” including allegations that she had been dishonest.

According to the Irish Times, along with the perjury concerns Gordan cited with regard to O’Reilly and Cummins’ statements, he also cited concerns that McGregor may have induced perjury.

However, a spokesperson for McGregor told The Irish Mirror Thursday that he was not subject to referral to the DPP, meaning that he is not currently being investigated.

Appeal

The Court of Appeal has said it will give judgment “in due course” on McGregor’s appeal against the civil jury’s November finding, according to a Thursday report from the Irish Times.

Despite the evidence from O’Reilly and Cummins being withdrawn, McGregor's legal team advanced other grounds for appeal.

One ground included that the trial judge, Justice Alexander Owens, erred in directing that the High Court civil jury should be asked to decide whether McGregor assaulted, rather than sexually assaulted, Hand.

Another ground included that the trial judge erred in permitting a line of questioning concerning McGregor’s “no comment” responses to investigating gardaí (Irish police) after providing them with a pre-prepared statement in response to Hand’s rape claim.

Lawyers for Hand opposed the appeal and urged the court to allow the jury decision to stand. An order requiring McGregor to pay Hand’s estimated €1.3m legal costs has been stayed pending the outcome of the appeal.

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