Hayne rape trial delayed in order to assemble jury

Former NRL star Jarryd Hayne’s rape trial, which had been due to start next month, has been postponed because he wants a jury to decide his fate.

Former NRL player Jarryd Hayne leaving Newcastle Court last July. Picture: Darren Pateman/AAP

Former NRL star Jarryd Hayne’s rape trial, which had been due to start next month, has been postponed because he wants a jury to decide his fate.

Newcastle District Court Judge Roy Ellis on Thursday indicated the May 4 trial would have been able to proceed if it was before a judge alone, but Hayne wanted a jury trial.

Judge Ellis said there would not be enough time to organise a jury panel for that date.

He also suggested the current suspension on the use of juries during trials because of the coronavirus crisis would likely be lifted in the coming weeks.

Jarryd Hayne during an unsuccessful attempt to breaking into the US’s NFL. Picture: Getty Images

Defence barrister Phillip Boulten SC told the court via video link from Sydney that Hayne’s legal team had considered a judge-alone trial “very carefully”, but the former league star, 32, indicated he would prefer a jury trial.

Mr Boulten said the Director of Public Prosecutions would have opposed a judge-alone trial anyway.

Hayne has ­pleaded not guilty to two charges of aggravated sexual ­assault involving a woman in the Hunter Valley.

Judge Ellis agreed to vacate the May 4 trial date and ordered a new trial to begin on November 23.

Prosecutor Wayne Creasey SC said the Crown accepted the new trial date and would seek to change it if the date was a problem for any witnesses.

Hayne’s bail has been varied so he no longer needs to report to police weekly. Picture: Darren Pateman/AAP

Hayne, who was excused from attending court on Thursday, will not have to appear in person again until November 19 for the final call-over of the case to confirm which judge will preside over the trial.

The trial is expected to take two weeks.

Judge Ellis agreed to a ­defence request to vary Hayne’s bail so he no longer has to report to police once a week.

The case will next return to court on July 2 for pre-trial ­argument over a subpoena.

Hayne is accused of sexu­ally assaulting a 26-year-old woman on September 30, 2018 and of “recklessly inflicting ­actual bodily harm”.