Fallen football star Jarryd Hayne has overturned his conviction for raping a woman in her Newcastle home on the night of the 2018 NRL Grand Final.
The 36-year-old has spent the last year behind bars after a jury convicted him of two counts of sexual intercourse without consent in April 2023 after a previous guilty finding was overturned on appeal.
The NSW Court of Criminal Appeal quashed Hayne’s convictions on Wednesday on the basis a judge erred in not allowing the complainant to be further cross-examined during the trial.
The appeal court also ruled the trial judge did not properly direct the jury about how to deal with allegations the complainant had lied.
Disgraced NRL star Jarryd Hayne has successfully overturned his conviction for raping a woman in her Newcastle home.
A court will consider bail for Hayne on Wednesday afternoon. Picture: NCA NewsWire / Vincent de Gouw
A third ground of appeal, arguing the now-quashed guilty verdicts were unsafe or unreasonable, was not upheld.
The former Parramatta Eels fullback appeared in the court wearing a prison-issued green tracksuit and a weary expression as he waited to learn the outcome of his appeal.
A new trial has been ordered, which would be Hayne’s fourth, but whether he faces another trial will be a matter for prosecutors.
A court will consider bail for Hayne on Wednesday afternoon.
Hayne was accused of raping a woman in her home on the night of the 2018 NRL Grand Final.
Three separate criminal trials were told the woman, who cannot be identified for legal reasons, changed her mind about having sex with Hayne after realising he had a taxi waiting outside her house.
Hayne’s barrister, Tim Game SC, told an appeal hearing in April that the woman deleted messages between herself and Hayne that demonstrated she had initially shown a sexual interest in him.
The messages relate to a Snapchat conversation she had with a friend, whom she had never met in person.
The complainant messaged the friend before and after meeting Hayne, where she told her about the sexual encounter but did not say it was non-consensual.
Hayne’s lawyers sought to rely on the messages to suggest the victim ‘deliberately concealed her communications because … they did not support her version of what occurred and then (possibly) tried to influence in respect of her evidence’.
The ex-player’s defence team also argued the woman should have been cross-examined on why she allegedly told police, ‘If those message get out, I’m f***ed and he will get off.’
Judge Graham Turnbull, who oversaw Hayne’s third trial, refused requests for the woman to be cross-examined on the statement, saying it carried ‘almost infinitesimal weight’.
Not allowing further cross-examination was one of the successful appeal grounds.
Hayne’s quashed conviction followed a hung jury in his first trial in 2020 and a previous appeal overturning the 2021 guilty verdict from his second trial.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
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