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What’s next for Jarryd Hayne after sensational acquittal

Jarryd Hayne will face a court in July as prosecutors weigh up whether to put him on trial for sexual assault allegations for a fourth time.

Jarryd Hayne's rape convictions quashed

Jarryd Hayne will face a Sydney court later this month as prosecutors weigh up whether to pursue a fourth sexual assault trial.

The state’s highest court – the Court of Criminal Appeal – on Wednesday sensationally quashed the high-profile former NRL superstar’s convictions after he was jailed for sexually assaulting a woman at her home in Newcastle in September 2018.

The ex-Parramatta fullback and NFL convert was found guilty of two counts of sexual intercourse without consent by a jury after he faced a third jury trial last year.

He was jailed for a maximum of four years and nine months.

Mr Hayne has persistently and vehemently denied the allegations against him and successfully sought to quash his convictions in the Court of Criminal Appeal.

Jarryd Hayne could face a fourth trial, with prosecutors weighing up the decision. Picture: NCA NewsWire / David Swift.
Jarryd Hayne could face a fourth trial, with prosecutors weighing up the decision. Picture: NCA NewsWire / David Swift.

It was the second time he had successfully appealed his conviction – having done so in 2022 after his second trial.

The Court of Appeal on Wednesday quashed Mr Hayne’s convictions and ordered a fresh trial.

However, it remains to be seen whether the Office of The Director of Public Prosecutions will pursue a fourth trial.

“The ODPP will consider the Court of Criminal Appeal’s judgment,” an ODPP spokesperson said.

“Any decision about a possible retrial will be made in accordance with the prosecution guidelines.”

After being released on bail, Mr Hayne’s matter will return to the District Court on July 26.

Two of the judges who oversaw his appeal, in their judgment published on Wednesday, raised the issue of whether a fourth trial would go ahead.

Jarryd Hayne's solicitor Lauren MacDougall after his conviction was quashed. Picture: NewsWire/Gaye Gerard
Jarryd Hayne's solicitor Lauren MacDougall after his conviction was quashed. Picture: NewsWire/Gaye Gerard

Justice Stephen Rothman noted that Mr Hayne had been jailed twice, before having his convictions quashed, and he had “already served significant time in prison”.

“A new trial may not be warranted, in my view, that is a consideration that should be left to the Director of Public Prosecutions or her delegate,” Justice Rothman noted.

Following his third trial, Mr Hayne was taken into custody on April 14 last year and served nearly 14 months in jail before his release on bail on Wednesday.

He was due to be eligible for release on parole in May next year.

“In the current circumstances, it is unlikely that a new trial will occur before the expiry of the non-parole period and most of that period has already been served,” Justice Rothman said.

“As stated, there is good reason for there not to be a fourth trial, but, in my view, given that the ground of unreasonable verdict was not upheld, the discretion not to undertake a fourth trial is one to be exercised by the Crown.”

A court sketch of Jarryd Hayne when he was sentenced. Picture: NCA NewsWire/Vincent de Gouw.
A court sketch of Jarryd Hayne when he was sentenced. Picture: NCA NewsWire/Vincent de Gouw.

Justice Deborah Sweeney said she did not believe Mr Hayne should face a fourth trial but said that was a decision for prosecutors.

“I am of the view that in the circumstances of the history of this matter, to put the applicant on trial for a fourth time would not be in the interests of justice,” Justice Sweeney said.

“I appreciate that is a decision for the Director of Public Prosecutions.”

Steve Zemek
Steve ZemekCourt reporter

Steve Zemek began his career in his native Queensland before moving to Sydney with Australian Associated Press in 2014. He worked as an NRL journalist for five seasons, covering the game all over Australia and in New Zealand before making a career pivot towards court reporting in 2019. He joined NCA NewsWire in mid 2020 as a Sydney-based court reporter where he has covered some of the state's biggest cases.

Original URL: https://www.theaustralian.com.au/breaking-news/whats-next-for-jarryd-hayne-after-sensational-acquittal/news-story/54703c8b9da8495d6cfca1ea470cff95