Bill Cosby’s lawyer has beaten the same prosecutor in identical rape case two years ago

Defense lawyer Brian McMonagle has a successful history of helping rich, powerful men involved in sexual assault

Defence lawyer Brian McMonagle (left) is going to battle for Bill Cosby

Comedian Bill Cosby’s new defense lawyer has a history of successfully helping rich, powerful men accused of sexual assault and this case will be a second round between him and Kevin Steele, a prosecutor he won against two years ago.

Mr Cosby has been accused of raping Andrea Constant in 2004 by posing as her mentor, inviting her round to his home to discuss “future career plans” and giving her what he said were three “herbal” pills and alcohol to relax.

On the prosecution side is Kevin Steele, the new district attorney of Montgomery County, Pennsylvania. He was elected as top prosecutor in November over Bruce Castor, the prosecutor who decided not to charge Mr Cosby in 2005, as reported by The Daily Beast.

Mr McMonagle and Mr Steele have met in the court room before. Two years ago, they fought over another man who was accused of drugging and sexually assaulting a woman under his influence. The woman reportedly had physical injuries that were visible six days later and internal bleeding that lasted almost two weeks.

Defence lawyer Mr McMonagle won the case.

The successful lawyer has now filed a motion to dismiss the charges against Mr Cosby, partly based on the decision not to prosecute in 2005.

Unlike in the other case, Mr Steele does not have proof of physical injuries, and is only working to use Mr Cosby’s own words against him, where he admitted to giving women drugs before he had “consensual” sex with them. Mr Steele will also bring forward as many as 50 women to testify that the comedian committed similar assaults on them.

The next step in Mr Cosby’s case is on 2 February, when both sides will argue over whether to dismiss the charges.

Neither lawyer could be contacted in time for publication.

Mr McMonagle said in a TV advert for his firm in 2009: “I like battle and I love competition, and if you can win cases in federal court you can win them anywhere."