Disgraced NRL star Jarryd Hayne will be taught his destiny after arguing his conviction ought to be quashed due to vital Fb messages from a girl he was discovered responsible of raping.
The 2-time Dally M winner was discovered responsible of sexually assaulting the lady at her Newcastle dwelling within the NSW Hunter Area following the excessive profile trial within the District Courtroom final 12 months.
Hayne, 36, has continued to take care of his innocence and shortly launched an attraction towards his conviction. It was the third time Hayne had confronted a trial over the identical incident and the second time he was discovered responsible.
The previous Parramatta Eels fullback claims the sexual encounter was fully consensual, however the jury accepted the lady’s model of occasions that she repeatedly stated “no” and “cease” and was left bleeding after he pulled her pants off.
Hayne took his attraction to the state’s highest courtroom in April, with the courtroom informing the previous NRL star the choice is to be handed down at 10.15am Wednesday.
In the course of the attraction in April, his attorneys argued that messages the lady he was discovered responsible of raping had deleted from her cellphone might be the important thing to acquitting the previous star.
Tim Recreation SC, representing Hayne, advised the courtroom his consumer ought to be acquitted relatively than face a fourth trial.
He argued the lady, who can’t be recognized for authorized causes, hid textual content and social media messages which confirmed she was consenting.
The messages relate to a Snapchat dialog she had with a pal, whom she had by no means met in individual.
The complainant messaged the pal earlier than and after assembly Hayne, the place she advised her in regards to the sexual encounter however didn’t say it was non-consensual.
Mr Recreation argued concealment was “the identical as mendacity or deception”, saying the lady hid proof on “a big scale”.
He advised the courtroom concealment was “entrance and centre” of the defence case however a miscarriage of justice arose when Choose Graham Turnbull SC, the District Courtroom choose, dominated the defence couldn’t cross-examine the witness on her deleted or undisclosed messages with a person and girl earlier than and after the incident.
Hayne’s attorneys sought to depend on the messages to recommend the sufferer “intentionally hid her communications as a result of … they didn’t assist her model of what occurred after which (probably) tried to affect in respect of her proof”.
The courtroom was advised the lady had listened to Hayne’s prior attraction in 2021 and contacted the social media pal on Fb the identical day.
“I hope this was value it for you,” the message learn.
“The ache I’ve endured from all of that is unfathomable. I’ve by no means lied. I’ve by no means carried out something to you and so that you can write one thing to JH about me having him over doesn’t excuse what occurred.
“I didn’t inform you as a result of it was disgusting and complicated for me. If he will get out you may thank your self. This has been the toughest most painful factor I’ve ever been via and you may thank your self for serving to a responsible individual.”
Hayne’s attorneys argue the messages had been related to the complainant’s credibility, demonstrating her contacting a witness in a “hostile method”.
They argued the lady “probably” had a view to influencing the witness account.
Mr Recreation, throughout the attraction, stated the concealment confirmed she needed to do away with proof which was “hurtful” but in addition as a result of it confirmed she was “really consenting”.
He advised the courtroom: “It’s proof of dishonesty, it additionally goes to her credibility in a basic sense.”
However Crown prosecutor Georgina Wright SC advised the courtroom the complainant didn’t inform the lady in regards to the assault as a result of they weren’t recognized properly to one another.
“She had by no means met her and stated she didn’t know her in any respect properly,” Ms Wright stated.
Ms Wright advised the courtroom the complainant had advised shut family and friends of the assault within the hours after the incident.
However she argued the Fb message to the social media pal was “in line with an expression of frustration with the authorized course of”, denying claims the complainant was concealing messages from police.
Hayne’s attraction depends on three grounds – the primary being the verdicts had been unreasonable and never supported by proof at trial, secondly, the trial choose erred in ruling the complainant didn’t have to present proof a few 2021 interplay with the person she messaged the identical day the jury discovered she was sexually assaulted in 2018, and lastly, that the choose’s ruling resulted in a miscarriage of justice.
Hayne was sentenced to 4 years and 9 months behind bars for the costs of digital and oral sexual assault, however he might be eligible for parole in Might 2025 resulting from time already served in custody.
Judgment within the attraction might be delivered in a while Wednesday.
