Former NRL player Jarryd Hayne to apply for bail today

Jarryd Hayne could be released as early as today when he applies for bail after nine months behind bars. Here’s what happens next.

Jarryd Hayne could be released from prison as soon as today when he will apply for bail after serving nine months behind bars.

Hayne’s story took a dramatic turn on Monday when he sensationally won his attempt to have two rape convictions overturned and was ordered to face a third trial.

Jarryd Hayne arrives at Newcastle Court last year. Picture:AAP Image/Darren Pateman.

Hayne’s first trial ended after the hung jury could not reach a unanimous decision.

In the second trial, a jury found Hayne guilty of two counts of sexual assault without consent against a women in her Newcastle home in 2018.

He was sentenced to a maximum five years and nine months, with a non-parole period of three years and eight months. He has served nine months of his term and is currently at Cooma Correctional Centre.

Hayne and wife Amelia Bonnici before he was jailed.

Decision.... NSW Director of Public Prosecutions Sally Dowling SC.

On Monday morning, a panel of NSW Criminal Court of Appeal judges - Chief Justice Tom Bathurst and Justices Helen Wilson and Ian Harrison - ordered Hayne’s convictions be quashed.

In appealing against his conviction, his legal team argued Judge Syme gave the jury ‘flawed’ directions.

Hayne at previous court hearing. Picture: NCA NewsWire / Christian Gilles

They also argued there was inconsistent evidence and that an outburst from the woman in court when she yelled “no means no” under cross-examination, was prejudicial.

Hayne - who turns 34 on Tuesday - will face the District Court before Judge O’Brien at the Downing Centre to apply for bail.

The decision on whether to pursue a third trial lies with the NSW Director of Public Prosecutions Sally Dowling SC, who will ultimately make the call with her office.

Hayne with the San Francisco 49ers. Picture: Ezra Shaw/Getty Images

She will have to weigh up a number of factors including whether the cost of going to trial again can be justified.

The DPP will also consider the alleged victim when making the decision about a third trial, including her mental health and the psychological effect it would have on her.

If they decide not to go ahead with the trial, Hayne will be acquitted and the charges will be dropped.

The Telegraph is waiting on a statement from the Office of the Director of Public Prosecutions on whether they will pursue a third trial.

His solicitor Rami Qutami did not wish to make a comment.