Bottom line
- Previous NRL star Jarryd Hayne will look for to reverse a conviction of 2 counts of sexual relations without permission.
- The 36-year-old was founded guilty over an event at a female’s home near Newcastle on 30 September 2018.
- Hayne’s legal representatives have actually argued that the victim took part in “concealment of proof on a big scale”.
Previous NRL star Jarryd Hayne is wanting to reverse a conviction for raping a lady on the night of the 2018 grand last as a 2nd appeal gets under method in the NSW Supreme Court.
Hayne’s legal representatives argued on Wednesday that text and social networks messages erased from the victim’s phone totaled up to ponder concealment of the truths.
They asked the Court of Criminal Appeal to acquit Hayne on those premises, instead of buy the 36-year-old to deal with a 4th trial over the matter.
Hayne, who viewed the appeal hearing by means of a video link from prison, was condemned on 2 counts of sexual relations without permission over an event at a lady’s home near Newcastle on 30 September 2018.
Previous trials heard the lady, who can not be determined for legal factors, altered her mind about making love with Hayne after understanding he had a taxi waiting outside your home.
Hayne’s lawyer, Tim Game SC, informed the appeals court the defence had actually been not able to cross-examine the lady throughout the most current trial on realities that may have been vital to the case.
Messages from the victim to another female she had actually satisfied on social networks did not consist of reference of a sexual attack and she for that reason acted to hide them, he stated.
Video game argued stopping working to come forward with the messages totaled up to “methodical curation of proof of product that didn’t help her case”.
“The things she forgets are the important things that do not assist her,” he stated.
“On our case, it is concealment of proof on a big scale.
“We state concealment, naturally, is the exact same as lying or deceptiveness.”
Jarryd Hayne gets to the Supreme Court in Sydney on 14 April 2023. Source: AAP/ Bianca de Marchi
Crown district attorneys argued the victim did not have a close relationship with the female she was messaging and had actually never ever fulfilled her face to face.
They likewise explained the lady looked like a witness in the 3rd trial and the jury remained in a position to weigh her proof as they chose.
The truth that the victim had actually not informed the lady she had actually been sexually attacked “faded into insignificance” to the grievances she made to others, the court heard.
She informed a pal “I’m too afraid to report it” and asked her mom not to inform anybody as she did not wish to remain in the general public eye.
She likewise talked about the occurrence with her GP at length and stated she did not wish to go to authorities.
Video game stated the defence had actually been required to argue their case with “one hand or 2 hands connected behind their backs”.
Hayne’s defence group likewise argued the female ought to be cross-examined on why she supposedly informed cops, “if those message go out, I’m f– ed and he will leave”.
Judge Graham Turnbull, who supervised Hayne’s 3rd trial, declined for the lady to be cross-examined on the declaration, stating it brought “practically infinitesimal weight”.
Video game argued the declaration was proof the lady valued the significance of the text and did not desire them to go out.
Hayne was charged in November 2018 after the rape accusations reached the NRL’s stability system.
He has actually lagged bars given that April 2023 after a jury ruled he sexually attacked the lady utilizing his hands and mouth.
The guilty decision followed a hung jury in his very first trial in 2020 and a previous appeal reversing the 2021 guilty decision from his 2nd trial.
If you or somebody you understand is affected by sexual attack, call 1800RESPECT on 1800 737 732, text 0458 737 732, or see
In an emergency situation, call 000.