Jarryd Hayne rape trial: Jury returns note to judge

The jury has handed a note to the judge in former NRL star Jarryd Hayne’s rape trial after days of deliberations.

A judge has urged a jury to take more time to make their decision after they said they have been unable to reach a unanimous verdict in Jarryd Hayne’s rape trial, following almost a week of deliberations.

The 35-year-old has pleaded not guilty to two counts of sexual intercourse without consent relating to an alleged incident on the night of the 2018 NRL Grand Final.

During the 11-day NSW District Court trial, Crown prosecutor John Sfinas argued that the woman was sexually assaulted after Hayne stopped by her house on the outskirts of Newcastle on September 30, on his way back to Sydney from a boozy buck’s weekend.

The court heard the woman decided she did not want to have sex with Hayne after she realised a taxi was waiting outside.

But Hayne told the court the acts were consensual, he was “shocked” when he realised he was covered in the woman’s blood and said he accidentally clipped her with his finger.

Hayne arrives at court with his wife Amellia. Picture: NCA NewsWire/Nikki Short

The jury of six men and six women retired to deliberate about 3:30pm on March 27.

A week later, the court heard this morning that the jury passed a note to Judge Graham Turnbull. The note said that after lengthy discussion they are unable to reach a decision and are seeking guidance on how to proceed.

They had been deliberating for 17 hours.

In response to their note, Judge Turnbull made a “Black direction,” which is a direction by a judge to a jury to reconsider the votes of a small number of jury members.

He told the jury that he has the power to discharge them but he should only do so if he is satisfied it is unlikely that a verdict would be reached after further deliberation.

“Experience has shown a jury can often make a decision after having more time,” he told them.

“It’s absolutely evident that there have been lengthy discussions and that you have persevered in those discussions”.

“Each of of you have sworn or affirmed you would give a true verdict in honour of the evidence. It is an important responsibility — you must respect it to the best of your ability”.

Judge Turnbull told the jury they have a duty to listen carefully to each other and weigh up each other’s decisions.

“Calm and objective discussion often leads to a better understanding of evidence... and may convince you that your original opinion is wrong.

“That is not to suggest you should join in a verdict if you do not honestly think it is the best one. No doubt you’ve already gone through those processes, but I am ordered to persevere... let’s see if you can reach a unanimous decision”.

They jury returned to their deliberation room shortly before 1pm.

At 4pm, they were sent home to return on Tuesday morning.

About a dozen of Hayne’s supporters sat in the public gallery as they awaited news.

Night in question

The trial heard the pair had interacted via social media for two weeks leading up to September 30 but had not met in person.

It heard Hayne had invited the woman to meet him out the night before while he was at a party during the bucks’ weekend, but she declined. She instead invited him for coffee or breakfast the next morning.

Hayne continued to drink throughout the next day, the trial heard, and eventually agreed with the woman to drop by her place on the Sunday night.

When he arrived shortly after 9pm, he left a half-empty Vodka Cruiser on the woman’s letterbox.

He told the jury her mother had answered the door.

Hayne with his supporters and lawyers. Picture: NCA Newswire/Monique Harmer

According to Hayne’s evidence, the mother directed him to the bedroom, where he felt awkward as the woman was shy, despite having sent sexual and suggestive texts.

He said he tried to break the ice by putting a few of his “go-to” songs on YouTube, including Ed Sheeran’s cover of Oasis’ song ‘Wonderwall’.

The court was told that a short time later, the front door was knocked on by the taxi driver. Hayne had told her he was only going to the the house to pick up a bag.

Hayne told the court he then went out to watch some of the NRL Grand Final with the woman’s mother before coming back into the bedroom, when the Crown argued the alleged assault — which Hayne strenuously denies — occured.

Throughout the trial, Judge Turnbull had urged the jury to avoid stereotypes and preconceived ideas when making their decision.

More to come.