There has been a bombshell development in the case against former NSW superstar Jarryd Hayne.
Hayne may not face a third sexual assault trial, with a court hearing prosecutors were considering whether to drop the charges against him.
Hayne was on Friday expected to learn when he would face a jury again after having his convictions overturned on appeal earlier this week.
His lawyer Ramy Qutami appeared before Sydney’s Downing District Court where it was anticipated that a retrial date would be set.
However, prosecutor Isha Fay told the court that the Director of Public Prosecutions had not yet decided whether a third trial would take place.
“This matter is listed for mention following a decision by the Court of Criminal Appeal,” Ms Fay told Judge Chris O’Brien on Friday afternoon.
“The crown at this stage is still considering its position in relation to a retrial.”
The matter was adjourned for a fortnight.
Mr Qutami also told the court that he would make an application for any trial to be held in Newcastle.
Hayne walked out of Cooma Correctional Centre on Tuesday after having his sexual assault conviction quashed by the Court of xjmtzywAppeal.
The ex-NFL convert served nine months in prison after he was found guilty of sexually assaulting a woman at her Newcastle home on NRL grand final night in 2018.
His first trial in Newcastle in late 2020 resulted in a hung jury.
However, following a second in March last year, a jury found the former Parramatta Eels fullback guilty of two counts of sexual assault.
Hayne has consistently maintained that the sexual acts he performed on the woman were consensual.
The Court of Appeal on Monday quashed his conviction and ordered he face a retrial.
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.
He also successfully appealed that the judge made an error in allowing a piece of evidence.
Judge O’Brien on Tuesday granted him bail and several hours later he walked from Cooma Correctional Centre in southern NSW in time to celebrate his 34th birthday with his family.
He was bailed on the condition he forfeit $20,000 within seven days and report to Merrylands Police Station three days a week.
