The rugby 5 top talent, Supar R, has been suspended because

The rugby 5 top talent, Supar R, has been suspended because

 

A judge who oversaw Jarryd Hayne’s triumphant appeal against his rape convictions has determined that there exists a “significant possibility” that the NRL player is not guilty.

 

 

On Wednesday, Hayne was allowed to leave prison after his convictions for two counts of having sex without permission were reversed by the Court of Criminal Appeal.

 

 

In a high-profile trial in the NSW District Court last year, the two-time Dally M winner was convicted guilty of sexually abusing a lady at her Newcastle home both orally and digitally.

He had been tried three times for the same incident, and the second time around he had been found guilty.

 

 

 

The victim testified that she constantly told him to “stop” and “no,” that she was left bleeding after he took her pants off, and that Mr. Hayne’s claim that the sexual contact was totally consensual was accepted by the jury.

He has persisted in claiming his innocence and filed an appeal against the convictions, which the Court of Criminal Appeal upheld this week in a 2-1 majority ruling.

 

 

Three arguments supported the appeal: first, that the verdicts were irrational and unsupported by the evidence; second, that the trial judge erred in holding that the complainant was not required to testify regarding a 2021 conversation she had with two individuals she messaged on the day of the alleged sexual assault in 2018; and third, that the decision made by the judge constituted a miscarriage of justice.

 

 

Justice Deborah Sweeney, who dissented from the majority in her section of the opinion, suggested maintaining the first ground of appeal, which contended that the jury’s guilty conviction was irrational.

She acknowledged that she was in the minority when she suggested that Mr. Hayne be cleared of both charges of having sex without permission.

 

 

The Justice of the Supreme Court asserted Mr. Hayne’s guilty judgments.

Justice Anthony Meagher, on the other hand, concluded that the jury might have been “satisfied beyond a reasonable doubt” of Mr. Hayne’s guilt and that the appeal should have been rejected on all grounds.

 

 

Justice Sweeney and Justice Stephen Rothman concurred that reasons two and three had to be maintained.

They were convinced that the complainant’s conversations with two individuals on the day of the alleged rape in 2018 were not required to be mentioned in court, and that Judge Graham Turnbull SC, the trial judge, erred in this decision.

 

 

The court concluded that there had been a miscarriage of justice as a result of the decision and the jury’s instructions regarding the communications from Judge Turnbull SC.

The jury was denied access to material that would have helped them judge the veracity of the

 

 

The Court of Criminal Appeal upheld the appeal and ordered a retrial, noting that the Director of Public Prosecutions would ultimately make the decision about a fourth trial. Justice Sweeney stated that she does not think Mr. Hayne should be tried for the rape allegations a fourth time, citing the fact that he had already been convicted twice and spent “significant time in prison” before his convictions were overturned. After his third trial, Mr. Hayne was taken into custody on April 14 of last year, and he spent nearly 14 months there before his convictions

 

 

With the result of his appeal this week, Mr. Hayne has now won two times since his convictions were overturned in 2022.

The former Parramatta Eels fullback, hurrying to a waiting ute while sporting a white shirt and beige slacks, was freed from prison on Wednesday night.

 

 

He was also ordered to give up a $20,000 surety and refrain from contacting the accused victim or any witnesses.

The former Parramatta Eels fullback will live with his spouse and is not allowed to go to any foreign country or obtain a new passport.

Next month, he will be back in the NSW District Court to find out if he will be facing a fourth trial.