Jarryd Hayne complainant could be recalled to witness box in third trial

The woman who accused Jarryd Hayne of sexual assault may be forced back into the witness box to give evidence about a series of text messages when the ex NRL superstar stands trial for a third time.

The woman who accused Jarryd Hayne of rape may be forced back into the witness box when the ex-NRL superstar stands trial for a third time.

With the Director of Public Prosecutions on Friday revealing the two-time Dally M winner will be prosecuted again, it opens up the possibility that the woman could be called to give evidence.

If she has to give evidence, it is most likely because Hayne’s legal team plan to question her about text messages she sent to another person in the lead-up to the alleged rape near Newcastle in September 2018.

The texts, and their admissibility in the case, were one of two appeal points that helped the former Parramatta Eels superstar get his conviction overturned by the NSW Court of Criminal Appeal last month.

The messages were included as evidence in Hayne’s first trial but Judge Helen Syme ruled they were to be excluded from being used as evidence in his second trial.

Jarryd Hayne was released from jail in February. Picture: NCA NewsWire/Gary Ramage

Ultimately, the judge that is chosen to preside over the third trial will have to make a decision on whether the texts will be admitted into evidence.

And then the judge will have to make a decision on whether the woman should be questioned in the witness box on the contents of the messages, if the defence or prosecution teams make such an application.

The woman, who cannot legally be named, gave evidence in the first trial.

A recording of that evidence was played during the second trial.

If the text messages are included in evidence for the third trial, an application could be made to the judge that the woman needs to be questioned on matters that weren’t raised about the texts in the first trial, forcing her back into the witness box.

The rest of her evidence will likely be covered by a recording of what she said from the witness box in the first trial.

In the Downing Centre District Court on Friday, prosecuting lawyer Adrian Dragicevic told the court that Hayne would be forced to stand trial for the third time.

“The matter is listed for arraignment so I can confirm the crown will be proceeding to a retrial,” Mr Dragicevic told the court.

Hayne now faces a third trial. Picture: NCA NewsWire/Dylan Coker

Hayne’s lawyer Rami Qutami told the court he would make an application to move the trial back to Newcastle.

Hayne’s first trial was heard in Newcastle and resulted in a hung jury.

The second trial was moved to Sydney after the Covid pandemic caused a massive backlog of cases at Newcastle.

In March 2020, the jury for the second trial found the former representative fullback guilty of two counts of sexual assault.

Judge Syme sentenced Hayne to a maximum five years and nine months in jail with a minimum term of three years and eight months.

Hayne spent nine months in jail before walking out of Cooma Correctional Centre on his birthday on February 15 after being granted bail following a decision of the CCA to overturn his conviction.

Hayne has consistently maintained that the sexual acts he performed on the woman were consensual.

His venue change application will be heard in the Downing Centre on March 21.

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