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Jarryd Hayne’s rape convictions have been overturned. He faces a fourth criminal trial.

The New South Wales Court of Criminal Appeal has overturned the conviction of former NRL player Jarryd Hayne, who was found guilty of sexual assault in April last year.

As Hayne appeared in court this morning wearing a prison-provided tracksuit, Judge Stephen Rothman delivered his verdict that the disgraced sports star had been wrongfully imprisoned and ordered a retrial.

“The court will vacate the convictions and order a new trial,” Judge Rothman said in court this morning.

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

Jarryd Hayne, 36, has faced three criminal trials over an incident that allegedly occurred on the night of the 2018 NRL Grand Final. Almost six years later, the ordeal appears to be far from over, with Hayne continuing to protest his innocence.

Here you will find everything you need to know.

The three criminal trials

The first criminal trial against Jarryd Hayne, brought by a woman whose identity cannot be established for legal reasons, began in 2020. The woman accused Hayne of raping her in her Newcastle home on the night of the 2018 NRL Grand Final.

According to her testimony, the woman changed her mind about having sex with Hayne and repeatedly told him “no” and “stop.” Although Hayne did not actively consent, he engaged in digital and oral sex with the woman without her consent, which resulted in bleeding.

The first trial to hear this evidence in 2020 ended in a hung jury. Between March and May 2021, a new jury was selected and heard the woman’s evidence recorded in the 2020 criminal trial.

At the end of the trial in 2021, the jury found Hayne guilty of two counts of sexual assault. He was sentenced to five years and nine months in prison.

After spending nine months in prison, Haynes’s lawyers won an appeal. His convictions were overturned and a retrial ordered.

The third criminal trial took place in 2023. Again, the woman’s evidence from 2020 was presented to a new jury in a closed court, and again Hayne was convicted of sexual assault in April 2023. He spent the last year behind bars.

Why did Hayne appeal?

Hayne has always maintained his innocence and his legal team appealed his conviction after the criminal trial in 2023.

The appeal by Hayne’s legal team, led by solicitor Tim Game SC, centred on Game’s argument that the woman Hayne raped in 2018 had “concealed” evidence.

At the appeal hearing in April this year, the court heard that the woman had sent a message to a social media friend – who she had never met in person – welcoming Hayne to her Newcastle home on the night of the 2018 NRL Grand Final. She later deleted those messages.

Game argued that deleting these messages “amounted to lies and deception” and that evidence was being hidden “on a massive scale” to support her allegations.

Meanwhile, Georgina Wright SC, representing the Crown, said the woman regularly deleted text messages on her phone and denied she did so to “curate the story”.

The messages between the woman and the social media friend were raised in the third criminal trial, but Judge Graham Turnbull, who presided over the trial, ruled that she did not need to be cross-examined about the messages.

Haynes’s counsel argued that this decision was an error by Judge Turnbull and that it resulted in a miscarriage of justice.

The Court of Criminal Appeal upheld these grounds of appeal, vacated Haynes’s rape convictions and ordered a new trial.

What happens next?

If retried, it would be the fourth time Hayne has been tried for the 2018 incident, but the decision on whether to retrial will be up to prosecutors.

Following the results of last year’s trial, Hayne served more than a year in prison. Later this afternoon, a court will decide whether to release Hayne on bail.

If you or someone you know is experiencing or is at risk of experiencing domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit 1800RESPECT.org.au for online chat and video call services.

If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit http://www.ntv.org.au.

Feeling worried or not well? No shame, no judgement, a safe place to talk. Speak to a 13YARN crisis worker, call 13 92 76. This service is available 24 hours a day, 7 days a week.