Soccer star Jarryd Hayne's conviction for allegedly raping a girl at his Newcastle residence on the evening of the 2018 NRL grand closing has been overturned.
The 36-year-old has spent the previous 12 months in jail after a jury convicted him of two counts of getting intercourse with out consent, with a sentence of life imprisonment set for April 2023. An earlier responsible discovering was additionally overturned on enchantment.
The NSW Courtroom of Prison Attraction on Wednesday quashed Hayne's conviction on the grounds the decide had erred in not permitting additional cross-examination of the complainant through the trial.
The enchantment court docket additionally dominated that the trial decide didn’t instruct the jury on find out how to take care of the allegations of falsehood made by the complainant.
Disgraced NRL star Jarryd Hayne has efficiently overturned his conviction for allegedly raping a girl at his Newcastle residence.
The third floor of enchantment, which argued that the now-quashed responsible verdicts had been unsafe or unfair, was not upheld.
The previous Parramatta Eels fullback attended court docket carrying a prison-issued inexperienced tracksuit and an exhausted look on his face to be taught the result of his enchantment.
The Director of Public Prosecutions will think about whether or not to prosecute Hayne for a fourth time.
Hein's lawyer indicated he would apply for bail on Wednesday afternoon.
Hayne was accused of raping a girl in her residence on the evening of the 2018 NRL grand closing.
Three separate prison trials had been advised the girl, who can’t be recognized for authorized causes, modified her thoughts about having intercourse with Hayne when she learnt there was a taxi ready outdoors her residence from Newcastle to Sydney.
Hein's barrister Tim Sport SC advised an enchantment listening to in April that the girl had deleted messages between herself and Hein which confirmed she had initially proven a sexual curiosity in him.
The previous participant's defence crew additionally argued the girl ought to have been cross-examined on why she advised police: 'If that message obtained out, I might be ruined and he could be saved.'
The court docket will think about Hein's bail on Wednesday afternoon. Image: NCA NewsWire/Vincent De Gau
Within the third trial, it was revealed that the girl had despatched messages to a person simply hours earlier than the incident with Hein.
In them she stated, “If we don't proceed the dialog, I’ll say sure to Jarryd coming over to her home.”
This got here to mild when the particular person contacted Hein's legal professionals.
The complainant messaged one other girl on the identical day she met Hein, and stated the footballer 'made a connection to her', however didn’t say it was non-consensual.
The court docket was advised that the girl had heard Hein's earlier enchantment in 2021 and contacted the social media pal on Fb on the identical day.
“I hope this was significant to you,” the message learn.
'The ache I’ve suffered by means of all of that is unfathomable. I’ve by no means lied. I’ve by no means executed something to you and so that you can write to JH saying I referred to as him is inexcusable.
'I didn't inform you as a result of it was disgusting and complicated to me. You may thank your self if he will get out. This has been essentially the most tough and traumatic factor I’ve ever gone by means of and you’ll thank your self for serving to a responsible man.'
Hayne's legal professionals tried to counsel, based mostly on the messages, that the sufferer 'intentionally hid her communications as a result of … they didn’t assist what she had stated after which (presumably) tried to affect her proof.'
Decide Graham Turnbull, who oversaw Hayne's third trial, rejected a request to cross-examine the girl's assertion, saying it was of 'virtually negligible significance'.
Not permitting additional cross-examination was one of many profitable enchantment grounds.
Hayne's conviction was thrown out following a jury cut up at his first trial in 2020 and a earlier enchantment overturning his responsible verdict at his second trial in 2021.
