Members of a jury hearing a woman’s High Court action alleging she was raped by mixed martial arts fighter Conor McGregor have been sent away until Tuesday, after evidence concluded on Friday.
The last witness in the case taken by Nikita Hand, who was called on behalf of Mr McGregor, was a part-time GP and forensic physician who examines victims of various types of assault.
Prof Basil John Farnan, a former principal forensic officer for Northern Ireland, told the jury bruises can appear within a few hours or can take between 24 and 48 hours.
He said he had accessed a website which stated Sertraline, an anti-anxiety medication, can cause purpura, blotchy bruising of the skin, and can cause a tendency to bruise.
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It is possible to have sexual intercourse with a tampon present in the vagina, he said.
At the close of his evidence, Mr Justice Alexander Owens told the jury of eight women and four men he was sending them away until Tuesday, when they would hear closing speeches on behalf of both sides, after which he would charge them on the law.
He said the sides would set out what they believed the jury should glean from the evidence put before them.
Important legal questions would be formulated in their absence for them to consider, the judge said. He asked the jury not to search online for legal matters such as assault and damages, because they must take the law as he outlines it to them in this case.
Today was the eighth day of the civil action by Ms Hand seeking damages for alleged sexual assault of her by Mr McGregor and James Lawrence, of Rafter’s Road, Drimnagh, in the Beacon hotel on December 9th, 2018.
Both respondents have denied her claims and have pleaded they had consensual sex with her in the hotel.
The jury has heard Ms Hand and a work colleague, Danielle Kealey, were partying from the evening of December 8th into the morning of December 9th, and that both, along with Mr Lawrence, later travelled in Mr McGregor’s car to the Beacon hotel, arriving at about 12.30pm. CCTV footage showed Mr McGregor and Ms Kealey leaving the hotel about 6.13pm and Ms Hand and Mr Lawrence leaving at about 10.30pm.
Ms Hand said in evidence she was raped by Mr McGregor in the hotel and had no memory of having sex with Mr Lawrence after Mr McGregor and Ms Kealey left.
Ms Hand was referred to the Rotunda Hospital’s sexual assault unit that December 10th and made a statement to gardaí on January 9th, 2019.
The jury has heard she made no allegation against Mr Lawrence until after he provided a statement claiming he had consensual sex with her twice in the hotel after Mr McGregor had left with Ms Kealey.
Mr McGregor was back in court today, accompanied by his father Tony. Mr Lawrence was also in court.
Ms Hand, accompanied by her partner, was seated in the row in front of both respondents.
In evidence today, Prof Farnan told Remy Farrell SC, for Mr McGregor, that a bruise is discolouration of the skin, caused by blunt trauma.
Blunt trauma causes little blood vessels to be damaged under the skin and leads to blood moving under the skin, he said.
If bruising is deep in the tissue, it can take between 24 and 48 hours for bruising to appear on the skin, he said.
At that point, Ray Boland SC, for Ms Hand, said an issue arose which had to be addressed in the absence of the jury.
When the case resumed before the jury shortly afterwards, Prof Farnan said bruising can be delayed in its appearance, it can appear in a different position and it might be a slightly different shape because it tends to be bigger.
Bruising changes in size, shape, position and colour, he said.
He said he has an active gynaecological practice within his surgery and that doctors prescribe pessaries to address infections or hormonal issues.
Some women use a particular hormonal device which is inserted into the vagina to provide hormonal replacement and stays in the vagina for 90 days, he said.
Sexual intercourse with a foreign body (in the vagina) is common, Prof Farnan said.
He said a small number of women had been discovered to have a retained tampon because they had forgotten it was there. They would experience a vaginal discharge and often would not believe a tampon was present, he said.
One woman was “flabbergasted” to discover a tampon was there and told him she had been having intercourse without knowing that.
Some women who have already given birth to babies may not feel a tampon as easily, he said.
Retained tampons are known to be a cause of toxic shock syndrome, which is dangerous, he added.
In cross-examination by Mr Boland, Prof Farnan agreed bruising can appear within a number of hours of a trauma being experienced. Bruising appears more quickly in slack tissues but can be delayed in less slack tissues, he said.
He was told photos were taken of bruising on Ms Hand at about 11pm on December 9th, 2018. The jury has heard those photos were deleted and are not available.
Some bruises can appear within hours of a trauma and some can take longer, he said.
He had not been asked whether it was possible to have sex with a tampon in, but it was possible. He could not comment on whether someone would choose to have sex with a tampon in.
The case resumes on Tuesday.
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