Australian rugby star Hayne wins appeal in rape trial

Former Australian rugby star Jarryd Hayne has won his appeal against his rape convictions and will now face trial for the fourth time in the same case.

The 36-year-old was found guilty of sexual assault by a jury last year and sentenced to a minimum of three years in prison.

He has always denied attacking the woman – whose name cannot be disclosed – in her bedroom and argued that the two had consensual sex.

The public prosecutor’s office is currently examining whether the charges against him should be dropped, it said in a statement.

Mr Hayne was one of the most famous athletes in Australia’s National Rugby League (NRL) and briefly played American football in the NFL.

His 26-year-old accuser told the New South Wales (NSW) District Court that the pair had chatted on social media for two weeks before Mr Hayne stopped by her home in Newcastle – about two hours north of Sydney – after a stag party in September 2018.

She said that Mr Hayne forced himself on her despite her saying “no” and “stop” and left her bleeding.

Mr Hayne’s appeal was heard in April by a three-judge panel of the state Supreme Court.

On Wednesday, two of the three defendants ruled that the trial judge had erred in prohibiting the woman from being questioned about certain text messages that Haynes’ legal team said implied her consent.

In sentencing, Judge Stephen Rothman said this amounted to a miscarriage of justice and ordered that Mr Hayne’s convictions be quashed.

He was released on bail and will be released from prison.

In a statement, the Office of the Director of Public Prosecutions (DPP) said it would “review the verdict” and any decision on a possible retrial would be made in accordance with its guidelines.

Last year’s trial was the third time Mr Hayne had faced a jury on the same charges. His first trial ended in a failed jury verdict and a guilty verdict at the second trial was overturned on appeal.

During the legal saga, he spent a total of nearly two years in prison and his accuser was forced to give multiple witness statements and undergo lengthy cross-examination.

In her written reasoning, Judge Deborah Sweeney said she believed a fourth trial would not be in the interests of justice.

Judge Rothman agreed, saying it was “unlikely” that there would be a trial before Haynes’s probation expired – and that he had already served most of it anyway.

Both emphasized, however, that the further decision in this case lies in the hands of the public prosecutor.

A former captain of the Parramatta Eels, Mr Hayne was twice named NRL Player of the Year and played 11 Tests for Australia.

At the height of his career in Australia, he moved to the US NFL and joined the San Francisco 49ers in 2015.