Court of Appeal to refer McGregor evidence withdrawal to DPP for possible criminal investigation

Lawyers for Nikita Hand claim the application aimed to damage her reputation and accuse McGregor of potential perjury

Lawyers representing Nikita Hand had said on Tuesday that Conor McGregor (pictured) should be referred to the DPP for perjury, and for encouraging others to likewise commit perjury. File photo: Leah Farrell/© RollingNews.ie

The Court of Appeal will refer Conor McGregor’s withdrawal of an application to present "fresh evidence" in his appeal to overturn an assault conviction to the Director of Public Prosecutions (DPP) for criminal investigation.

Justice Isobel Kennedy informed the court that, “in respect of the application of Mr Gordon,” referring to Nikita Hand’s legal counsel, “we do intend to refer it to the DPP.”

Lawyers representing Ms Hand suggested that Mr McGregor’s withdrawal of an application to introduce fresh evidence should be treated as a criminal matter and referred to the DPP.

At the Court of Appeal on Wednesday afternoon, counsel for Ms Hand, John Gordon SC, said the court must consider that the contents of Mr McGregor’s application had been made public months ago and widely covered in the media.

That application detailed new evidence from Ms Hand’s former neighbours, Samantha O’Reilly and Steven Cummins, which alleged she had been assaulted by her former partner, Stephen Redmond, the night after she claimed she was raped by Mr McGregor in December 2018.

The application was abruptly withdrawn at the start of the trial on Tuesday by McGregor’s counsel, Mark Mulholland KC.

On Wednesday, Mr Gordon said the application was “not just further evidence” but was designed “to undermine my client’s reputation.”

“My client was entitled to her opportunity yesterday to call that out in this court,” he said. 

And they withdrew the application and so prevented her from pouring out a series of highly disparaging and unfair criticisms of her.

In addition to the costs incurred in defending against the application, Mr Gordon said Ms Hand had been “disadvantaged by the application.”

“This court should refer this matter to the DPP. The court has the power to do that,” he said.

Mr Gordon also said on Tuesday, upon first hearing the application would be withdrawn, that Mr McGregor should be referred to the DPP for perjury and for encouraging others to commit perjury.

The appeal continues before Justices Isobel Kennedy, Brian O’Moore, and Michael MacGrath.