A decide has urged a jury to take extra time to make their resolution after they stated they’ve been unable to achieve a unanimous verdict in Jarryd Hayne’s rape trial, following virtually every week of deliberations.
The 35-year-old has pleaded not responsible to 2 counts of sexual activity with out consent regarding an alleged incident on the evening of the 2018 NRL Grand Closing.
In the course of the 11-day NSW District Court docket trial, Crown prosecutor John Sfinas argued that the girl was sexually assaulted after Hayne stopped by her home on the outskirts of Newcastle on September 30, on his method again to Sydney from a boozy buck’s weekend.
The courtroom heard the girl determined she didn’t wish to have intercourse with Hayne after she realised a taxi was ready outdoors.
However Hayne advised the courtroom the acts have been consensual, he was “shocked” when he realised he was lined within the lady’s blood and stated he by accident clipped her along with his finger.
The jury of six males and 6 ladies retired to deliberate about 3:30pm on March 27.
Every week later, the courtroom heard this morning that the jury handed a observe to Choose Graham Turnbull, saying that after prolonged dialogue, they’re unable to achieve a unanimous resolution and are looking for steerage on the best way to proceed.
They’d been deliberating for 17 hours.
In response to their observe, Choose Turnbull made a “black route,” which is a route by a decide to a jury to rethink the votes of a small variety of jury members.
He advised the jury that he has the ability to discharge them however he ought to solely accomplish that if he’s glad it’s unlikely {that a} verdict can be reached after additional deliberation.
“Expertise has proven a jury can usually make resolution after having extra time,” he advised them.
“It’s completely evident that there have been prolonged discussions and that you’ve persevered in these discussions”.
“Every of of you have got sworn or affirmed you’ll give a real verdict in honour of the proof. It is a vital accountability — you could respect it to the most effective of your capacity”.
Choose Turnbull advised the jury they’ve an obligation to hear rigorously to one another and weigh up one another’s choices.
“Calm and goal dialogue usually results in a greater understanding of proof… and will persuade you that your unique opinion is fallacious.
“That’s not to counsel it’s best to take part a verdict if you don’t actually suppose it’s the finest one. Little question you’ve already gone by means of these processes, however I’m ordered to persevere… let’s see in the event you can attain a unanimous resolution”.
He despatched the jury again out for additional deliberation shortly earlier than 1pm.
Night time in query
The trial heard the pair had interacted by way of social media for 2 weeks main as much as September 30 however had not met in-person.
It heard Hayne had invited the girl to satisfy him out the evening earlier than whereas he was at a celebration through the bucks’ weekend, however she didn’t wish to as a result of it was all males. She as a substitute invited him for espresso or breakfast the subsequent morning.
Hayne continued to drink all through the subsequent day, the trial heard, and ultimately texted the girl to say he might drop by her place on the Sunday evening.
When he arrived shortly after 9pm, he left a half-empty Vodka Cruiser on the girl’s letterbox.
He advised the jury her mom had answered the door.
In response to Hayne’s model of occasions given in his proof, the mom directed him straight to the bed room, the place he felt awkward as the girl was shy, regardless of having despatched sexual and suggestive texts.
He stated he tried to interrupt the ice by placing a couple of of his “go-to” songs on YouTube, together with Ed Sheeran’s cowl of Oasis’ music ‘Wonderwall’.
A short while later, the courtroom was advised the taxi driver knocked on the door, as Hayne had advised her he was solely on the home to select up a bag.
Hayne advised the courtroom he then went out to look at among the NRL Grand Closing with the girl’s mom earlier than coming again into the bed room, when the Crown argued the alleged assault — which Hayne strenuously denies — occured.
All through the trial, Choose Turnbull had urged the jury to keep away from stereotypes and preconceived concepts when making their resolution.
Extra to return.
