Disgraced NRL star Jarryd Hayne is hoping Fb messages from a lady he was discovered responsible of raping might be the important thing to him being free of jail and his conviction being quashed.
The 2-time Dally M winner was discovered responsible of sexually assaulting the lady at her Newcastle dwelling within the NSW Hunter Area following the excessive profile trial within the District Court docket final yr.
Hayne, 36, has continued to take care of his innocence and shortly launched an enchantment in opposition to his conviction. It was the third time Hayne had confronted a trial over the identical incident and the second time he was discovered responsible.
The previous Parramatta Eels fullback claims the sexual encounter was fully consensual, however the jury accepted the lady’s model of occasions that she repeatedly mentioned “no” and “cease” and was left bleeding after he pulled her pants off.
Now his attorneys are hoping messages that very same girl deleted from her telephone might be the important thing to acquitting the previous star.
Tim Recreation SC, representing Hayne on Wednesday instructed the state’s highest courtroom, the Court docket of Felony Enchantment, his shopper needs to be acquitted fairly than face a fourth trial.
He instructed the courtroom the lady, who can’t be recognized for authorized causes, had hid textual content and social media messages which confirmed she was consenting.
The messages relate to a Snapchat dialog she had with a good friend, whom she had by no means met in particular person.
The complainant messaged the good friend each earlier than and after assembly Hayne, the place she instructed her in regards to the sexual encounter however didn’t say it was non-consensual.
Mr Recreation argued concealment was “the identical as mendacity or deception”, saying the lady hid proof on “a big scale”.
He instructed the courtroom concealment was “entrance and centre” of the defence case however a miscarriage of justice arose when Decide Graham Turnbull SC, the District Court docket choose, dominated the defence couldn’t cross-examine the witness on her deleted or undisclosed messages with a person and girl earlier than and after the incident.
In paperwork tendered to the courtroom, Hayne’s attorneys argued they sought to depend on the messages to counsel she “intentionally hid her communications with (the particular person) from police and the prosecutor as a result of she understood … they didn’t help her model of what occurred after which (probably) tried to affect in respect of her proof”.
The courtroom was instructed the lady had listened to Hayne’s prior enchantment in 2021 and contacted the social media good friend on Fb the identical day.
“I hope this was price it for you,” the message learn.
“The ache I’ve endured from all of that is unfathomable. I’ve by no means lied. I’ve by no means completed something to you and so that you can write one thing to JH about me having him over doesn’t excuse what occurred.
“I didn’t let you know as a result of it was disgusting and complicated for me. If he will get out you possibly can thank your self.
“This has been the toughest most painful factor I’ve ever been by means of and you may thank your self for serving to a responsible particular person.”
Hayne’s attorneys argue the messages had been related to the complainant’s credibility, demonstrating her contacting a witness in a “hostile method”.
They argued the lady “probably” had a view to influencing the witness account.
“It additionally, extra importantly, underscores the complainant’s perspective to proof of (the lady), that it didn’t lend help to her account and that she was offended that the proof had come to mild,” courtroom paperwork state.
Mr Recreation on Wednesday mentioned the concealment confirmed she wished to do away with proof which was “hurtful” but in addition as a result of it confirmed she was “truly consenting”.
He instructed the courtroom: “It’s proof of dishonesty, it additionally goes to her credibility in a common sense.”
However Crown prosecutor Georgina Wright SC instructed the courtroom the complainant didn’t inform the lady in regards to the assault as a result of they weren’t identified nicely to one another.
“She had by no means spoken to her and had by no means met her and mentioned she didn’t know her in any respect nicely,” Ms Wright mentioned.
Ms Wright instructed the courtroom the complainant had instructed shut family and friends of the assault within the hours after the incident.
However she argued the Fb message to the social media good friend was “per an expression of frustration with the authorized course of”, denying claims the complainant was concealing messages from police.
Hayne’s enchantment depends on three grounds – the primary being the verdicts had been unreasonable and never supported by proof at trial, secondly, the trial choose erred in ruling the complainant didn’t have to provide proof a few 2021 interplay with the person she messaged the identical day the jury discovered she was sexually assaulted in 2018, and lastly, that the choose’s ruling resulted in a miscarriage of justice.
Hayne was sentenced to 4 years and 9 months behind bars for the fees of digital and oral sexual assault, however he might be eligible for parole in Could 2025 as a result of time already served in custody.
Judgment within the enchantment might be issued at a later date.
