Jury finds NRL star Jack de Belin and friend Callan Sinclair not guilty on one charge

The jury in Jack de Belin’s trial has found him and his co-accused not guilty on one count, but was unable to reach a verdict on the remaining charges.

For the second time in six months, the sexual assault trial of suspended NRL star Jack de Belin ended in a hung jury on Monday.

But the St George Illawarra Dragons forward and his friend and co-accused Callan Sinclair now have one less charge to worry about after the jury members cleared them of one of the five charges they each faced in court.

The men still face a nervous wait as prosecutors weigh up whether or not to go ahead with a third trial, which would require a jury to hear the evidence and rule on the four outstanding charges.

De Belin, 30, and Sinclair, 24, pleaded not guilty to five counts of aggravated sexual assault and denied allegations they had forced vaginal, oral and anal sex on the alleged victim.

NRL star Jack de Belin pleaded not guilty to sexual assault. Picture: NCA NewsWire/Christian Gilles

Both men have maintained their innocence since being charged in December 2018, claiming they had a consensual threesome with the woman.

Yesterday, a jury cleared de Belin of deliberately anally violating the woman inside a North Wollongong apartment in the early hours of December 9, 2018.

During the trial before the Sydney District Court, the football star claimed the act was accidental and came during consensual vaginal sex with the woman against a desk.

“I could tell she grimaced and (it) wasn’t pleasant and I said ‘sorry’,” the footballer told the jury.

Despite the accepted fact that Sinclair was not in the room at the time, he was also charged with the same offence as prosecutors alleged he was part of a joint criminal enterprise on the night.

Callan Sinclair said he was shocked by the allegations. Picture: NCA NewsWire / Christian Gilles

The jury of eight men and four women were divided on the remaining five counts before the court and about 3pm, Judge Nicole Noman was forced to dismiss them after more than five days of deliberations.

After sending a note declaring they could not reach verdicts on the remaining charges, and after being given the chance to return majority verdicts, the jury sent a final note stating no amount of time would help them agree.

“We can confirm that after further deliberation each juror remains steadfast in their decisions,” the note read. “As such, as we are unable to reach a majority verdict of 11 to one.”

The NSW Director of Public Prosecutions now must decide whether to pursue another high-profile trial after the second deadlock, with a decision likely to be revealed at a hearing on May 28.

The jury’s inability to return verdicts on all counts still leaves de Belin’s professional rugby league career in limbo, having not played since the end of the 2018 season.

Shortly after the jury was dismissed, the former State of Origin lock stared past camera crews waiting outside court as he strode away without comment. Sinclair followed minutes later surrounded by family and also declined to comment.

Soon after the Dragons club released a statement on its website confirming de Belin was still subject to the NRL’s no-fault stand down policy.

“The next steps concerning all facets of matter are yet to be established,” the statement read.

“The Dragons will continue to provide the necessary welfare support to de Belin and his family.

“As this remains a legal matter, the club will make no further comment at this time.”

WHAT’S NEXT FOR DE BELIN?

It is the second time a jury has been unable to come to a verdict in a trial for the pair.

They faced their first trial in November last year but the jury was unable to come to a decision on any of the charges and was discharged.

This latest trial began on April 14 and ran for two-and-a-half weeks.

The men must now wait for their case to return to court on May 28 when the Office of the Director of Public Prosecutions is likely to reveal whether it plans to proceed to a third trial.

This could mean a third jury would be required to hear evidence and deliberate on the remaining charges.

Judge Nicole Noman thanked the men and women for their work during the trial and dismissed them.

Earlier on Monday morning, the jury sent the first of a series of notes to the court at the same time stating they believed no amount of extra time would allow them to return unanimous verdicts on the five remaining charges.

A jury says it has reached one verdict in the sexual assault trial of rugby league star Jack de Belin. Picture: NCA NewsWire/Christian Gilles

“We don’t believe given any more time there is a possibility of reaching a unanimous verdict on counts one to five,” the note read.

Judge Noman gave them a black direction, urging them to keep considering unanimous verdicts for the remaining counts.

The black direction tells jury members they could be discharged if they cannot come to a decision.

About 12.30pm another note was sent by the jury indicating it was “not possible” to reach unanimous verdicts on the remaining charges.

“Each juror is firm and resolute in their verdicts,” it read. “As such, it is not possible for us to reach a unanimous verdict.”

Judge Noman then asked the jury if they could return majority verdicts – that is 11 out of 12 jurors agreeing – on the remaining charges.

The trial of Mr de Belin, 30, and friend Callan Sinclair, 24, heard they allegedly took turns raping a woman, then 19, at a Gipps Street unit in the early hours of December 9, 2018, after meeting during a Christmas pub crawl.

Both men have maintained their innocence and testified at trial they had a “normal” and consensual threesome.

Count one alleged Mr de Belin inflicted bodily harm during the sexual assault, while count two alleged Mr Sinclair became part of a joint criminal enterprise when he had sex with her after Mr de Belin had already assaulted the woman.

Counts three to five on the indictment related to sexual intercourse without consent in company, relating to vaginal and oral sex committed by both men as they swapped positions with each other.

On Monday morning Judge Noman read out a note delivered by the jury about 10.15am – six days since they retired to deliberate.

“Your Honour, the past five days we have been through a rigorous process of examining all the evidence proffered in the trial,” it read.

“In examining the testimony of witnesses and the presentation of hard evidence we have applied your directions.”

The jury said Judge Noman’s directions had been helpful in applying the correct weight to evidence heard in the trial but had still left members split.

“After being through this process we are unable to arrive at a unanimous verdict on counts one to five,” the note said.

Judge Noman told the jury she had the power to discharge them but counselled that experience had shown juries can often agree if given more time.

But she said the jurors had sworn an oath to deliver true and honest verdicts and if they could not agree with their colleagues should stay true to their views.

After a few more hours of deliberation the jurors sent another note and returned to the courtroom about 3pm, where they said they could not decide.

Mr de Belin and Mr Sinclair’s matter will return to court on May 28.

Originally published as Jury finds NRL star Jack de Belin and friend Callan Sinclair not guilty on one charge