Texts that led to Jarryd Haynes’ acquittal

These are the texts that led to Jarryd Hayne’s rape convictions being overturned in the state’s highest court as the NRL star prepares for his release from prison.

The two-time Dally M winner was found guilty of sexually abusing the woman at her home in Newcastle in the Hunter region of New South Wales following a high-profile District Court trial last year.

It was the third time Hayne had been tried for the same incident and the second time he had been found guilty.

Hayne claims the sex was entirely consensual, but the jury accepted the woman’s version of events that she repeatedly said “no” and “stop” and was left bleeding after he took off her pants.

The 36-year-old continued to protest his innocence and immediately appealed his conviction before the Supreme Court of New South Wales.

Jarryd Hayne’s lawyer says her client is happy to return to his family after his rape convictions were overturned by the Criminal Appeal Court on June 12, 2024.

On Wednesday, the former Parramatta Eels fullback appeared in the New South Wales Supreme Court via audio-visual link, wearing a green tracksuit issued to him from prison and looking weary as he awaited the outcome of his appeal.

Judge Stephen Rothman allowed the appeal on two of the three grounds raised by Haynes’ defense.

Haynes’ appeal was based on three grounds: first, the verdicts were unreasonable and not supported by evidence at trial; second, the trial judge erred in ruling that the plaintiff did not need to present evidence of a 2021 interaction with two people she had messaged on the same day the jury found she had been sexually assaulted in 2018. And finally, the judge’s decision resulted in a miscarriage of justice.

The Criminal Appeal Court rejected the first ground but allowed the appeal on the second and third grounds.

“The court will vacate the convictions and order a new trial,” Judge Rothman ruled.

“Whether there will be a new trial is a matter for the Attorney General.”

If prosecutors decide to continue the case, this would be the fourth trial against Hayne on rape charges.

The former NRL star kept a blank face and showed no reaction to the news that he had won his appeal.

He was sentenced to four years and nine months in prison for digital and oral sexual assault, but will be released from prison on Wednesday afternoon.

He was required to post a $20,000 bond and an undertaking of good behavior and not to stalk, harass, assault or contact the plaintiff or witnesses.

Hayne is also prohibited from applying for another passport or approaching an international departure point.

Outside court, his lawyer Lauren MacDougall said the NRL star was “really, really looking forward to coming home to his family”.

During the appeal in April, his lawyers argued that the messages his alleged victim deleted from her phone were key to the former star’s acquittal.

Tim Game SC, representing Hayne, told the court that his client should be acquitted rather than face a fourth trial.

He argued that the woman, who cannot be identified for legal reasons, had concealed text and social media messages showing that she consented.

The messages refer to a Snapchat conversation she had with a friend she had never met in person.

The plaintiff sent messages to her friend before and after meeting Hayne, telling her about the sexual contact but not saying that it was not consensual.

Mr Game argued that concealment was “the same as lying or deceiving” and said the woman had concealed evidence “on a large scale”.

He said secrecy had been “central” to the defence but there had been a miscarriage of justice when District Judge Graham Turnbull SC ruled the defence could not cross-examine the witness about her deleted or undisclosed messages with a man and a woman before and after the incident.

Haynes’s lawyers attempted to rely on the messages to suggest that the victim “intentionally concealed her communications because … they did not support her version of events and then (possibly) attempted to influence her regarding her testimony.”

The court was told that the woman had heard Haynes’ previous appeal in 2021 and had contacted her social media friend on Facebook on the same day.

“I hope this was worth it for you,” read the message.

“The pain I’ve endured through all of this is unfathomable. I never lied. I never did anything to you, and you writing to JH about me inviting him to visit doesn’t excuse what happened.

“I didn’t tell you because it was disgusting and confusing to me. When he comes out, you can thank yourself. This was the hardest and most painful thing I’ve ever been through, and you can thank yourself for helping a guilty man.”

Haynes’s lawyers argue that the messages were relevant to the plaintiff’s credibility and showed that she had contacted a witness in a “hostile manner.”

They argued that the woman “may” have had the intention of influencing the witness’ testimony.

During the appeal, Mr Game said the cover-up showed she wanted to get rid of evidence that was “hurtful” but also that it showed she was “actually consenting”.

He told the court: “This is evidence of their dishonesty and it is also about their credibility in general.”

But prosecutor Georgina Wright SC told the court that the plaintiff did not tell the woman about the attack because they did not know each other well.

“She had never met her and said she didn’t know her well at all,” Ms Wright said.

Ms Wright told the court that the plaintiff told close friends and family about the attack in the hours following the incident.

However, she argued that the Facebook message to the social media friend was “consistent with an expression of frustration with the legal process” and disputed the claim that the plaintiff was hiding messages from police.

Hayne will appear in court again next month to hear whether prosecutors will seek a fourth trial on the charges.