Jarryd Hayne will face a Sydney court docket later this month as prosecutors weigh up whether or not to pursue a fourth sexual assault trial.
The state’s highest court docket – the Court docket of Felony Enchantment – on Wednesday sensationally quashed the high-profile former NRL celebrity’s convictions after he was jailed for sexually assaulting a girl at her house in Newcastle in September 2018.
The ex-Parramatta fullback and NFL convert was discovered responsible of two counts of sexual activity with out consent by a jury after he confronted a 3rd jury trial final yr.
He was jailed for a most of 4 years and 9 months.
Mr Hayne has persistently and vehemently denied the allegations towards him and efficiently sought to quash his convictions within the Court docket of Felony Enchantment.
It was the second time he had efficiently appealed his conviction – having achieved so in 2022 after his second trial.
The Court docket of Enchantment on Wednesday quashed Mr Hayne’s convictions and ordered a contemporary trial.
Nonetheless, it stays to be seen whether or not the Workplace of The Director of Public Prosecutions will pursue a fourth trial.
“The ODPP will take into account the Court docket of Felony Enchantment’s judgment,” an ODPP spokesperson mentioned.
“Any choice a few potential retrial will probably be made in accordance with the prosecution pointers.”
After being launched on bail, Mr Hayne’s matter will return to the District Court docket on July 26.
Two of the judges who oversaw his enchantment, of their judgment printed on Wednesday, raised the difficulty of whether or not a fourth trial would go forward.
Justice Stephen Rothman famous that Mr Hayne had been jailed twice, earlier than having his convictions quashed, and he had “already served vital time in jail”.
“A brand new trial will not be warranted, in my opinion, that may be a consideration that must be left to the Director of Public Prosecutions or her delegate,” Justice Rothman famous.
Following his third trial, Mr Hayne was taken into custody on April 14 final yr and served almost 14 months in jail earlier than his launch on bail on Wednesday.
He was as a result of be eligible for launch on parole in Could subsequent yr.
“Within the present circumstances, it’s unlikely {that a} new trial will happen earlier than the expiry of the non-parole interval and most of that interval has already been served,” Justice Rothman mentioned.
“As said, there may be good motive for there to not be a fourth trial, however, in my opinion, provided that the bottom of unreasonable verdict was not upheld, the discretion to not undertake a fourth trial is one to be exercised by the Crown.”
Justice Deborah Sweeney mentioned she didn’t consider Mr Hayne ought to face a fourth trial however mentioned that was a choice for prosecutors.
“I’m of the view that within the circumstances of the historical past of this matter, to place the applicant on trial for a fourth time wouldn’t be within the pursuits of justice,” Justice Sweeney mentioned.
“I respect that may be a choice for the Director of Public Prosecutions.”
