A fourth trial against Jarryd Hayne is unlikely, legal experts say

The DPP says a decision on whether to try Jarryd Hayne a fourth time will be made according to prosecution guidelines. Some in the legal sector say another trial would be unusual. Here’s why.

• Hayne’s conviction quashed

Jarryd Hayne is unlikely to go on trial over sexual assault for a fourth time, with a judge saying yesterday doing so “would not be in the interests of justice” as the Court of Criminal Appeal quashed the former NRL star’s convictions.

Legal experts on Wednesday said it would be unusual if the Director of Public Prosecutions Sally Dowling pursues another trial against the former Parramatta Eels player.

While the call on a fourth trial is a matter for the DPP, the judges who overturned Hayne’s conviction argued against it.

“To put the applicant on trial for a fourth time would not be in the interests of justice,” Judge Deborah Sweeney wrote.

Jarryd Hayne, pictured with wife Amellia Bonnici, was found guilty of sexual assault last year. Picture: NCA NewsWire

Wednesday’s judgment was the second time a guilty verdict against Hayne had been quashed, after three trials.

The first trial against Hayne ended in a hung jury. A second trial resulted in a guilty verdict but that was successfully appealed. The third trial led to Hayne’s second guilty verdict.

Mr Roberts called on the DPP to not pursue another case.

“I think enough is enough,” he said.

Upper House MP Rod Roberts said “enough is enough” when it comes to trials against Jarryd Hayne.

“You’ve had a hung jury that couldn’t come to a conclusion, then they had another trial that found him guilty but that was overturned by a superior court, and now a guilty conviction has been overturned yet again.

“Hayne’s reputation has been severely damaged, his career has ended, and he has already served a significant amount of time in prison,” Mr Roberts said.

Lawyer Sam Macedone said he would be “strongly surprised” if the DPP pursues a new trial.

“Given that this appeal has now been successful, I would strongly be surprised if they ran a fourth trial,” he said.

Sally Dowling is under pressure from judges over sexual assault cases that have little chance of conviction.

Ms Dowling is under increasing pressure from judges for the DPP pursuing sexual assault cases that have no chance of conviction.

“I know that the director is not happy with the criticism that’s been levelled at her or her department by District Court (judges).

“There’s a fair bit of pressure on not running a fourth trial.”

A NSW government spokesman said a decision on any possible retrial would be made by the DPP, which is “independent of government”.

“The Government is not involved in decisions about taking matters to trial and neither should it be,” he said.

In a statement, the Office of the DPP said it would consider the judgment.

“Any decision about a possible retrial will be made in accordance with the Prosecution Guidelines.”