NRL star Jack de Belin rape jury unable to reach unanimous decision
St George Illawara forward Jack de Belin and his friend Callan Sinclair will face a re-trial after a jury could not reach a unanimous decision on their sex assault case.
Police & Courts
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St George Illawara forward Jack de Belin and his friend Callan Sinclair will face a re-trial after a jury could not reach a unanimous decision on their sex assault case.
De Belin hung his head as a juror told the court on Monday the seven men and five women could “absolutely not” reach a verdict.
The jury was dismissed after a three-and-a-half week trial, in a rare move which happens in “one in 100 cases”, according to Wollongong District court judge Andrew Haesler.
The NRL player and Sinclair pleaded not guilty to sexually assaulting a 19-year-old woman after a Christmas pub crawl in December, 2018.
Judge Haesler said a re-trial would run for three weeks and would be held in another city if a date could not be found in Wollongong in the near future.
The woman’s recorded evidence would be replayed in court, so she would not have to appear again.
Judge Haesler ordered a retrial and adjourned the case for a mention on Wednesday. De Belin and Sinclair do not have to appear.
De Belin’s barrister David Campbell SC told the media outside court, “Of course he’s disappointed” when he was asked about de Belin’s response to the outcome.
Sinclair’s solicitor Graeme Morrison said: “Of course we’re prepared for another trial. We could start tomorrow. We know what we’re up against.”
The jurors pored over the evidence for about 10 hours after retiring at 3.30pm on Thursday.
After telling Judge Haesler they couldn’t reach a unanimous verdict on Monday, he asked if they could reach a majority verdict of 11-1.
“Absolutely not, no,” a jury spokesperson told the court.
Judge Haesler thanked the jurors and asked them not to dwell on the outcome.
“The fact that you couldn’t reach a unanimous verdict is sad, but it happens. It happens in one in 100 cases. Don’t beat yourself up about it. No one knows you were the jury,” he told the court.
Judge Haesler said the re-trial would avoid delays which had already been dealt with.
“If I’m not to be the trial judge I am more than happy to deal with the pre-trial applications to facilitate a rapid retrial … as soon as possible,” he said.
“These things happen … it’s clear they appreciated all of the issues and the importance of reaching a verdict.”
The result puts de Belin’s future with the NRL in limbo. He was stood down from playing for the Dragons after the charges were laid due to the NRL’s no-fault policy, but he has continued to train with the club.
During the trial, de Belin’s barrister David Campbell SC and Sinclair’s barrister Craig Smith SC argued the pair had consensual sex with the woman.
The woman told the court via video link in an earlier appearance she was raped by the pair in a Wollongong townhouse.
The men told the court the woman consented to sex, moaning and saying “yes” throughout.
She claimed they forced her and she was saying “no, stop”. She also claimed she received bruising from de Belin leaning on her chest.
De Belin was charged when he voluntarily spoke with police after hearing the woman’s claims.
JACK DE BELIN RAPE TRIAL UNABLE TO REACH VERDICT
The jury in NRL superstar Jack de Belin’s rape trial has been unable to reach a verdict after six hours of deliberation.
De Belin, 29, and his friend Callan Sinclair, 23, have pleaded not guilty to sexually assaulting a woman after a pub crawl in 2018.
The jury of seven men and five women told the court through a note on Monday at 12pm that they were unable to reach a unanimous decision.
They have been sent back to try and reach a unanimous decision.
The jury was dismissed at 10.37am on Thursday last week to pore over the evidence. They did not sit on Friday.
Wollongong District Court judge Andrew Haesler read the jury note to the court.
“Despite careful consideration of all the available evidence we have been unable to reach a unanimous verdict,’ Judge Haesler said.
Judge Haesler asked the jurors to try and come to an agreement.
“Every jury and every trial is individual and different. It is clear you have all been paying attention to evidence and cross-examination,” he said.
“Experience has shown that even when there are stark divides between jurors at certain stages they often can reach a unanimous verdict if they are given more time to consider the verdict or dispute.”
He asked the jurors to be civil with each other when discussing their views.
“Each of you has a right to listen fairly without emotion to the views and opinions of each of your fellow jurors. You must calmly weigh up views. I am going to urge you to go back to the evidence and the points that divide you as a jury and ask you to give a calm logical and rational consideration to the evidence,” Judge Haesler said.
He did not tell the court how many jurors believed the pair were guilty or not guilty.
De Belin and Sinclair both told the jury group sex in a Wollongong unit with a 19-year-old woman was consensual.
The woman told the jury she did not consent to the sex. She claimed she was injured by de Belin when he leant on her chest during the ordeal.
De Belin has continued to train with the St George Illawara Dragons since being charged with five counts of aggravated sexual assault in December, 2018.
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