Former NRL superstar Jarryd Hayne is fighting to walk free from jail as he faces a third sexual assault trial.
Mr Hayne, 33, had his conviction quashed on Monday and was ordered to face a retrial after he successfully appealed to the Court of Criminal Appeal.
The former footy star has been in jail for more than nine months having been sentenced to at least three years and eight months in prison for the alleged sexual assault of a woman in her Newcastle home on NRL grand final night in 2018.
However, he on Monday won his appeal, meaning he will face a NSW District Court jury for a third time.
He remains in Cooma Correctional Centre and will appear before a bail hearing in Sydney’s Downing Centre on Tuesday, where he will fight to be freed while the case is heard.
A District Court jury in March last year found the former Dally M winner guilty of two counts of sexual assault, accepting the woman’s version of events that he performed digital and oral sex on her without her consent.
He was subsequently sentenced by Judge Helen Syme to five years and nine months jail, with a non-parole period of three years and eight months.
He launched an appeal against his conviction, claiming the NSW District Court jury was given flawed directions and there were inconsistencies in the evidence.
His barrister Tim Game argued that the jury was given directions that were “flawed in almost every possible way” before they were sent to deliberate.
According to Mr Hayne’s barrister, Judge Syme used words like “might” and “may” when she should have used “beyond a reasonable doubt”.
Hayne successfully appealed on two of the four grounds on which he relied.
During a half-day hearing late last year, his lawyers argued that Judge Syme made an error when giving directions to the jury on the “mental” element of the offences and consent.
He was also successfully argued that Judge Syme was wrong to overturn a ruling from Mr Hayne’s first trial relating to messages sent between the woman and another person.
Mr Game also argued before the Court of Appeal that the woman’s words in a text sent to a friend did not accord with her evidence that she repeatedly said “no” and “stop”.
However that ground was not successful.
The former Parramatta Eels fullback and NFL player has persistently maintained his innocence – stating so after he was in March found guilty by a jury.
“I‘d rather go to jail knowing I spoke the truth than be a free man living a lie,” Mr Hayne said.
During a sentence hearing in May he again reiterated his innocence, saying: “xjmtzywI didn’t do it.”
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