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Jarryd Hayne to face third trial on sexual assault allegations
By Sarah McPhee and Georgina Mitchell
Prosecutors have decided former footballer Jarryd Hayne will face a third trial in the NSW District Court, after his sexual assault convictions were quashed on appeal last month.
Mr Hayne, 34, was jailed last year for at least three years and eight months over an incident in Newcastle in September 2018 in which he allegedly assaulted a 26-year-old woman with his hands and mouth and left her bleeding from the genitals.
Jarryd Hayne leaves Cooma Correctional Centre on February 15 after his sexual assault convictions were quashed.Credit: Janie Barrett
He was released from custody in February after the NSW Court of Criminal Appeal quashed his convictions on two counts of sexual intercourse without consent and ordered a retrial.
In Sydney’s Downing Centre District Court on Friday, prosecutor Adrian Dragicevic confirmed “the Crown will be proceeding to a retrial”.
He said he had advised Mr Hayne’s lawyer, Ramy Qutami, on Friday morning. Both parties appeared in court via video link.
“My friend has flagged that a change of venue application will be made to have the trial transferred to Newcastle District Court,” Mr Dragicevic said.
Mr Qutami confirmed he “only just found out today about the Crown’s position”.
Mr Dragicevic said Mr Qutami had indicated his application was “ready to go” and did not anticipate it would “take the Crown long to form its position”.
Judge Dina Yehia listed the venue change application on March 21, with a hearing estimate of one hour. She continued Mr Hayne’s bail, which includes reporting to police three days a week.
Mr Qutami had previously indicated if the case was to proceed to a third trial, he would ask for it to be in Newcastle.
The first trial faced by Mr Hayne ended in a hung jury in December 2020 after jurors at Newcastle District Court said they were unable to reach a unanimous or majority verdict.
His second trial, in Sydney, ended with his now-overturned conviction in March 2021 after jurors were played audio and video of the woman’s evidence from the first trial and audio of Mr Hayne’s evidence.
The Court of Criminal Appeal found there had been an error with directions given to this jury and an error in a pre-trial ruling on evidence.
Mr Hayne has repeatedly denied assaulting the woman and says their consensual encounter ended when he injured her accidentally, possibly by nicking her with his finger. She was left bleeding profusely from two lacerations to her genitals.
The woman argues she refused Mr Hayne’s advances when she realised he left his taxi waiting outside her house, but he continued anyway despite her protests of “no”.
Mr Hayne has not spoken publicly since he walked out of Cooma Correctional Centre last month following his convictions being quashed.
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