Key Factors
- Former NRL star Jarryd Hayne will search to overturn a conviction of two counts of sexual activity with out consent.
- The 36-year-old was convicted over an incident at a girl’s residence close to Newcastle on 30 September 2018.
- Hayne’s attorneys have argued that the sufferer engaged in “concealment of proof on a big scale”.
Former NRL star Jarryd Hayne is hoping to overturn a conviction for raping a girl on the night time of the 2018 grand remaining as a second attraction will get below manner within the NSW Supreme Courtroom.
Hayne’s attorneys argued on Wednesday that textual content and social media messages deleted from the sufferer’s cellphone amounted to deliberate concealment of the details.
They requested the Courtroom of Prison Enchantment to acquit Hayne on these grounds, relatively than order the 36-year-old to face a fourth trial over the matter.
Hayne, who watched the attraction listening to by way of a video hyperlink from jail, was discovered responsible on two counts of sexual activity with out consent over an incident at a girl’s residence close to Newcastle on 30 September 2018.
Earlier trials heard the girl, who can’t be recognized for authorized causes, modified her thoughts about having intercourse with Hayne after realising he had a taxi ready exterior the home.
Hayne’s barrister, Tim Sport SC, instructed the appeals courtroom the defence had been unable to cross-examine the girl throughout the latest trial on details that may have been essential to the case.
Messages from the sufferer to a different lady she had met on social media didn’t comprise point out of a sexual assault and she or he due to this fact took actions to hide them, he mentioned.
Sport argued failing to come back ahead with the messages amounted to “systematic curation of proof of fabric that did not help her case”.
“The issues she forgets are the issues that do not assist her,” he mentioned.
“On our case, it’s concealment of proof on a big scale.
“We are saying concealment, after all, is similar as mendacity or deception.”
Jarryd Hayne arrives on the Supreme Courtroom in Sydney on 14 April 2023. Supply: AAP / Bianca de Marchi
Crown prosecutors argued the sufferer didn’t have an in depth relationship with the girl she was messaging and had by no means met her in individual.
Additionally they identified the girl appeared as a witness within the third trial and the jury was ready to weigh her proof as they noticed match.
The truth that the sufferer had not instructed the girl she had been sexually assaulted “paled into insignificance” to the complaints she made to others, the courtroom heard.
She instructed a buddy “I am too scared to report it” and requested her mom to not inform anybody as she didn’t need to be within the public eye.
She additionally mentioned the incident together with her GP at size and mentioned she didn’t need to go to police.
However Sport mentioned the defence had been compelled to argue their case with “one hand or two palms tied behind their backs”.
Hayne’s defence staff additionally argued the girl ought to be cross-examined on why she allegedly instructed police, “if these message get out, I am f—ed and he’ll get off”.
Choose Graham Turnbull, who oversaw Hayne’s third trial, refused for the girl to be cross-examined on the assertion, saying it carried “nearly infinitesimal weight”.
Sport argued the assertion was proof the girl appreciated the importance of the textual content messages and didn’t need them to get out.
Hayne was charged in November 2018 after the rape allegations reached the NRL’s integrity unit.
He has been behind bars since April 2023 after a jury dominated he sexually assaulted the girl utilizing his palms and mouth.
The responsible verdict adopted a hung jury in his first trial in 2020 and a earlier attraction overturning the 2021 responsible verdict from his second trial.
For those who or somebody you already know is impacted by sexual assault, name 1800RESPECT on 1800 737 732, textual content 0458 737 732, or go to . In an emergency, name 000.