Court bombshell: Jarryd Hayne to fight for freedom after winning appeal

Former NRL star Jarryd Hayne will fight to walk free from jail after a bombshell development in his court case.

Jarryd Hayne could walk from prison on bail as early as Tuesday as he gets set to face a jury for a third time over sexual assault allegations.

On what will be his 34th birthday, the former footballing superstar will appear before Sydney’s Downing Centre District Court on Tuesday morning in a bid to be granted bail.

Hayne has been in prison since May last year after he was found guilty of sexually assaulting a woman at her Newcastle home on NRL grand final night in 2018.

The former Dally M winner and ex-NFL convert has sat in Cooma Correctional Centre for the last nine months.

However, he on Monday had his convictions quashed after the Court of Criminal Appeal ruled the judge who presided over his trial delivered flawed directions to the jury.

Chief Justice Tom Bathurst and Justices Ian Harrison and Helen Wilson quashed his convictions and ordered that he face a retrial.

And he will now argue that he should be freed on bail while he answers the allegations.

Jarryd Hayne was in May last year sentenced to spend at least three years and eight months in prison. Picture: Sam Mooy/Getty Images

Hayne has twice faced a jury over the allegations - his first trial in late 2020 ended in a hung jury.

Following a second in March last year, a jury took three days to deliberate and find him guilty of two counts of sexual assault.

During an appeal hearing in November last year, Hayne’s barrister argued that he ought to be acquitted of all charges.

However, the Court of Appeal ordered that he only have his convictions quashed and face a retrial.

The District Court is experiencing long delays in matters proceeding to trial because of a backlog caused by the Covid-19 pandemic, meaning there could be a lengthy wait before he goes to trial again.

It also remains to be seen where the trial will be held.

His first trial was held in Newcastle, where the alleged offence occurred, while a second was held in Sydney.

Former NRL superstar Jarryd Hayne will face a third trial after a court quashed his conviction. Picture: NCA NewsWire / Christian Gilles

A District Court jury in March last year found the former Parramatta Eels superstar guilty of two counts of sexual assault, accepting the woman’s version of events that he performed digital and oral sex on her without her consent.

He was subsequently sentenced by Judge Helen Syme to five years and nine months jail, with a non-parole period of three years and eight months.

However, Hayne successfully appealed on two of the four grounds on which he relied.

He launched an appeal against his conviction, claiming the NSW District Court jury was given flawed directions and the verdicts were unreasonable because of inconsistencies in the evidence.

His barrister Tim Game argued that the jury was given directions that were “flawed in almost every possible way” before they were sent to deliberate.

Hayne during his playing days with the Parramatta Eels. Picture AAP Image/Darren Pateman.

According to Hayne’s barrister, Judge Syme erred in using words like “might” and “may”.

During a half-day hearing late last year, his lawyers argued that Judge Syme made an error when giving directions to the jury on the “mental” element of the offences and consent.

He also successfully argued that Judge Syme was wrong to overturn a ruling from Hayne’s first trial relating to messages sent between the complainant and another person.

As well, Mr Game argued before the Court of Appeal that the woman’s words in a text sent to a friend did not accord with her evidence that she repeatedly said “no” and “stop”.

However, that ground was not successful.

Any decision on whether to pursue a third trial will rest with the Director of Public Prosecutions.

And the DPP could yet decide not to pursue a third trial.

Jarryd Hayne will appear before a bail hearing on Tuesday. Picture: AAP Image/Joel Carrett.

Hayne has persistently maintained his innocence - stating so after he was in March found guilty by a jury.

“I‘d rather go to jail knowing I spoke the truth than be a free man living a lie,” Hayne said at the time.

During a sentence hearing in May he again reiterated his innocence, saying: “I didn’t do it.”

Hayne will appear before a bail hearing on Tuesday before the matter is mentioned again on Friday.

Hayne was charged in November 2019 and pleaded not guilty later that year.

At the time, he was off-contract with the Eels and it brought his illustrious career to a premature end.

Hayne was at one stage considered the best player in rugby league - winning the Dally M Medal in 2009 and 2014.

He played for NSW and Australia before he in 2014 made the bombshell announcement that he would pursue a code switch and his “dream” of playing in the NFL.

He signed with the San Francisco 49ers and played eight NFL games before a brief dalliance with the Fiji Rugby Sevens side.

After failing to make the Olympic squad, he returned to rugby league with an ill-fated stint with the Gold Coast Titans on a $1.2 million per year contract.

However, after the bitter fallout following the sacking of coach Neil Henry, he returned to Parramatta in 2018.

He accrued 214 first-grade appearances during his career.

The NRL has said it will make a decision on whether to take back Hayne’s Dally M medals after the outcome of his court proceedings.

Originally published as Court bombshell: Jarryd Hayne to fight for freedom after winning appeal