Jarryd Hayne is released after winning an appeal to overturn his conviction

Jarryd Hayne has successfully overturned his rape conviction. The former NRL star was found guilty of sexually assaulting a woman in her Newcastle home on the night of the 2018 NRL grand final. His legal team argued three grounds, one of which was that there was insufficient evidence to support the case. Today, Mr Hayne faced court for the third time over the incident.

Hayne, 36, appeared in the New South Wales Supreme Court via audio-visual link wearing a green prison tracksuit as he awaited the outcome of his appeal.

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

One of the reasons the appeal was successful was that a judge had erred in not further cross-examining the alleged victim during the trial.

The other ground of appeal was upheld, namely that the judge had not properly instructed the jury how to deal with the allegations that the woman had lied.

The criminal appeals court overturned the convictions and ordered a new trial.

Haynes’ lawyer requested bail, which was granted around midday. The 36-year-old should now be released from prison.

Judge Rothman said whether there would be a fourth trial against the former Parramatta Eels fullback would depend on the prosecutors.

In a written ruling, Judge Rothman said there were “good reasons not to hold a fourth trial,” adding that Hayne would be eligible for parole in May 2025, having already served the majority of his sentence.

“Under the current circumstances, it is unlikely that there will be a new trial before the end of the probation period, and the majority of that period has already been served,” he wrote.

Haynes’ defence lawyer Tim Game SC argued during the appeal in April that his client should instead be acquitted and that the woman had withheld messages showing she had consented.

Mr Game argued that the woman had withheld evidence “on a large scale” and that she should have faced more intensive cross-examination about the allegations she made to police: “If these messages get out, I’m screwed and he gets away with it.”

Hayne is serving a four-year, nine-month prison sentence after being found guilty in April last year of raping a woman in her home on the night of the 2018 NRL Grand Final.

He was convicted after appearing in court for the same incident for a third time.

The first trial ended in 2020 with a hung jury.

At his second trial in March 2021, he was sentenced to nine months in prison after being found guilty before being released following a successful appeal.

Hayne has repeatedly protested his innocence regarding the allegations.