Former NRL star Jarryd Hayne will be released from custody after having his rape convictions again quashed on appeal as prosecutors weigh up whether he should face a fourth trial.
The 36-year-old has spent a year behind bars after an earlier guilty verdict was overturned in a separate appeal.
He was sentenced last year to four years and nine months in jail, with a non-parole period of three years.
The NSW Court of Criminal Appeal quashed Hayne’s convictions on Wednesday on the basis a judge erred in not allowing the complainant to be further cross-examined during the trial.
The appeal court also ruled the trial judge did not properly direct the jury about how to consider allegations the complainant had lied.
Jarryd Hayne was sentenced to at least three years in prison last year. Source: AAP / Dan Himbrechts
Hayne was granted bail unopposed early on Wednesday afternoon and the case is due to return to the state’s district court in late July, when prosecutors can provide an update on how they will proceed.
Hayne’s third ground of appeal, arguing the now-quashed guilty verdicts were unsafe or unreasonable, was not upheld.
Justice Deborah Sweeney would have upheld that ground, but it was dismissed by the other two appeal judges, Justices Stephen Rothman and Anthony Meagher.
“I am of the view there is a significant possibility that an innocent person has been convicted,” Justice Sweeney said in the court’s published reasons.
Justice Meagher did not support any grounds of the appeal.
“I am comfortably of the opinion that it was open to the jury to be satisfied beyond reasonable doubt (Hayne) was guilty,” he said.
A new trial has been ordered, which would be Hayne’s fourth, but whether he faces another jury will be a matter 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.
Justice Rothman said there was good reason for no fourth trial to take place, noting it was unlikely to occur before Hayne’s non-parole period expired in May.
If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit . In an emergency, call 000.
Source Agencies
