Jarryd Hayne’s third trial on sexual assault allegations will be held in Sydney in March next
year, when he will be represented by high-profile barrister Margaret Cunneen, SC, after his
application to have the proceedings held in Newcastle was refused.
Mr Hayne, 34, was jailed last year for at least three years and eight months over an incident
in Newcastle in September 2018 in which he allegedly assaulted a 26-year-old woman with
his hands and mouth and left her bleeding from the genitals.
Jarryd Hayne leaves court last year.
Jarryd Hayne leaves court last year.CREDIT:EDWINA PICKLES
The former NRL player was released from custody in February after the NSW Court of
Criminal Appeal quashed his convictions on two counts of sexual intercourse without
consent and ordered a retrial.
Earlier this month, the Office of the Director of Public Prosecutions confirmed it would
proceed to a third trial.
At Sydney’s Downing Centre District Court on Monday, Mr Hayne’s barrister Angela Cook
said Ms Cunneen would be Mr Hayne’s senior counsel at trial, but was not available this
year.
Barrister Margaret Cunneen, SC.
Barrister Margaret Cunneen, SC.CREDIT:JANIE BARRETT
Ms Cook disputed that the defence was making a “change of venue application” to move the
third trial from Sydney to Newcastle, arguing that the starting point should be Newcastle as
that is where the alleged crime occurred and where the case was last heard for sentence by
Judge Helen Syme, who was sitting in that court at the time.
“The position is that he [Mr Hayne] wants his trial in Newcastle,” she said.
Crown prosecutor Stephanie Lind said it had been Mr Hayne’s application to transfer his
second trial to Sydney and an order made at the time “still stands”.
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She said the case had gone up to the Court of Criminal Appeal and returned.
Ms Lind said there was interest for the complainant, accused and the community for the third
trial to be resolved “expediently”, noting the Crown’s inquiries had suggested availability in
Sydney in July and November this year, compared to March 2023 at the earliest in
Newcastle.
She said it was the complainant’s preference for the third trial to remain in Sydney.
Mr Hayne attended Monday’s hearing via video link, briefly sharing his screen which showed
him walking around.
Judge James Bennett told the parties there was “no prospect of getting a trial on” in July in
Sydney, and that November was “not looking all that positive either”.
“I don’t think you’re going to get one on this year in this jurisdiction,” he said, adding that
there was “ample space” from February onwards.
In refusing the application, Judge Bennett said Mr Hayne “simply wants his trial to be
conducted in Newcastle” and had not qualified or explained his reasons.
After considering counsel availability, the judge set the three-week trial down in Sydney on
March 6, 2023, telling the parties it was “first on the list” and could “commence and continue
to finality”.
Mr Hayne’s first trial ended in a hung jury in December 2020 after jurors at Newcastle District
Court said they were unable to reach a unanimous or majority verdict.
His second trial, in Sydney, ended in March 2021 with his now-overturned conviction.
Mr Hayne has repeatedly denied assaulting the woman and says their encounter was
consensual.