The jury in a civil case against Conor McGregor can consider whether he had concocted a “lurid and degrading pornographic fantasy” about a woman who has accused him of raping her in a hotel.
The Irish mixed martial arts fighter is facing an accusation that he “brutally raped and battered” the woman at the Beacon Hotel in south Dublin in December 2018.
Mr Justice Alexander Owens told the jury on Wednesday that if they conclude that Mr McGregor did assault the woman and are assessing damages in the case, they can consider that in assessing aggravated damages.
The sports star previously told the court he had consensual sex with the complainant in a penthouse, which she claims had left her “badly beaten up”.
The woman is also suing another man, James Lawrence, for assault.
Continuing his charge to the jury of four men and eight women, Justice Owens said the statement McGregor made to police following the alleged incident is not admissible as it was a statement made outside court.
However, they can consider whether he “concocted” a story involving the complainant.
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.
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 “guestimates”.
He further referred to evidence from Mr Lawrence, who claimed he had sex with a friend of the woman three times in a short time period before they left the hotel.
The jury was also told the complainant’s evidence is that she texted her former boyfriend when she woke up in the hotel room shortly after 6pm, 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.
He also asked them to consider what they could see of the woman 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 10.30pm.
Turning to damages, Justice Owens urged the jury to “stay away” from what is stated in the pleadings, including references to the woman being a “fraud” and a “gold digger”.
