The NSW Court of Criminal Appeal has quashed the conviction of former NRL player Jarryd Hayne, who was found guilty of sexual assault in April last year.
As Hayne appeared before the court this morning in a prison-issued tracksuit, Justice Stephen Rothman delivered his finding that the disgraced sports star was unjustly jailed, ordering a new trial to take place.
“The court will quash the convictions and order a new trial,” Justice Rothman told the court this morning.
“Whether there is a new trial is a matter for the director of public prosecutions.”
Jarryd Hayne, 36, has faced three criminal trials over an incident that allegedly took place on the night of the 2018 NRL Grand Final. Almost six years on, it seems the ordeal is far from over, with Hayne consistently maintaining his innocence.
Here’s everything you need to know.
The three criminal trials
The first criminal trial against Jarryd Hayne, launched by a woman who cannot be identified for legal purposes, began in 2020. The woman accused Hayne of raping her in her home in Newcastle on the night of the 2018 NRL Grand Final.
According to her evidence, the woman changed her mind on having sex with Hayne and repeatedly told him “no” and “stop”. Despite not giving active consent, Hayne proceeded to perform non-consensual digital and oral sex on the woman, leaving her bleeding.
The first trial to hear this evidence in 2020 resulted in a hung jury. Between March and May 2021, a new jury was selected and heard the woman’s evidence, which was recorded in the 2020 criminal trial.
At the conclusion of the 2021 trial, the jury found Hayne guilty on two counts of sexual assault. He was sentenced to five years and nine months in jail.
After serving nine months in prison, Hayne’s lawyers won a bid to appeal the case. His convictions were quashed and a retrial was ordered.
The third criminal trial took place in 2023. Once again, the woman’s evidence from 2020 was played in a closed court to a new jury, and once again, Hayne was convicted of sexual assault in April 2023. He has spent the last year behind bars.
Why did Hayne appeal?
Hayne has always maintained his innocence, and his legal team lodged an appeal for his conviction following the 2023 criminal trial.
The appeal from Hayne’s legal team, led by barrister Tim Game SC, was hinged on what Game argues was a “concealment” of evidence by the woman Hayne was found to have raped in 2018.
In the appeal hearing in April this year, the court heard that the woman had messaged a social media friend – whom she had never met in person – about having Hayne in her Newcastle home on the night of the 2018 NRL Grand Final. She later deleted these messages.
Game argued the act of deleting these messages amounted to “the same as lying and deception” and hiding evidence on “a large scale” in order to fit with her allegations.
Meanwhile, Georgina Wright SC, representing the Crown, said the woman regularly deleted text messages on her phone and denied the woman did so to “curate the narrative”.
The messages between the woman and the social media friend were brought up in the third criminal trial, however, Judge Graham Turnbull, who oversaw the trial, ruled she did not have to be cross-examined over the messages.
Hayne’s legal team argued this decision was an error by Judge Turnbull, resulting in the miscarriage of justice.
The Court of Criminal Appeal upheld these grounds of appeal, quashing Hayne’s rape convictions and ordering a new trial.
What happens next?
Should a retrial take place, it will be the fourth time Hayne will face a criminal trial over the 2018 incident. However, the decision to proceed with a retrial will be up to the prosecutors.
Hayne has served more than a year in jail following the findings of last year’s trial. Later this afternoon, a court will consider releasing Hayne on bail.
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit 1800RESPECT.org.au for online chat and video call services.
If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit http://www.ntv.org.au.
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