The jury in former NRL star Jarryd Hayne’s rape trial has been discharged after failing to reach a verdict.
The Newcastle District Court jury of eight men and four women told Judge Peter Whitford SC on Monday it was deadlocked and could not reach a unanimous decision or the alternative 11-1 majority verdict.
Judge Whitford had no option but to discharge the jury, which had been deliberating since 1pm on Thursday.
The judge had earlier told the jury it was important not to reach a verdict based on Hayne’s behaviour on the night as this was “not a court of morals”.
The jury sent a note to the judge at 12.38pm explaining they had re-examined all the evidence but could not reach a decision.
“This decision has not been taken lightly. No amount of time and deliberation will be able to change this,” the jury’s note said.
Hayne, 32, had pleaded not guilty to two charges of aggravated sexual assault recklessly inflicting actual bodily harm after being accused of raping a woman in her bedroom on the night of the 2018 NRL grand final.
The case has been adjourned to December 16 for mention to decide what happens next.
Hayne will not have to appear if represented by a lawyer.
The Crown case against Hayne was he arrived drunk at the woman’s house on the outskirts of Newcastle about 9pm on September 30, 2018 and stayed for about 45 minutes, committed two sex acts on her without her consent and caused two separate injuries to her genitalia before leaving.
The woman’s mother was in the house watching the grand final.
The woman told the jury Hayne tried to kiss and touch her but when she said “no” and “stop” he pushed her head into the pillow, ripped off her trousers and attacked her.
Hayne claimed he knew the woman did not want to have sex with him after she realised he had a taxi waiting outside but she agreed to him performing oral sex on her to please her.
He said the woman’s injuries must have been caused when he accidentally cut her with his finger.
The woman later sent text messages to her best friend saying she thought Hayne had bitten her and she felt violated.
At the heart of the trial was two very different versions of what happened that night.
Hayne had paid a taxi driver $550 to take him home to Sydney after a two-day bucks party for rugby league player Kevin Naiqama in Newcastle when he decided to pop in to the woman’s nearby home.
He had never met the woman but believed she had promised him sex after they had been exchanging flirty messages on Instagram and Snapchat.
According to the woman’s version, she had been open to having sex with Hayne but was hoping for a future with the former Parramatta Eels star, not a fling.
She said after answering the door, she took Hayne straight into her bedroom because she was embarrassed to be back living with her mother when she was 26.
The woman said Hayne was drunk and it was an awkward situation when they were lying on the bed before he suggested a singalong to some Ed Sheeran songs, which she thought was weird.
She realised the image she had of Hayne was not the reality.
When the woman heard a beeping sound and looked out to see Hayne’s taxi, she became angry and told him they were not having sex.
Hayne went out to speak to the taxi driver to tell her he would be a little longer before returning and heading into the lounge room to watch the grand final and called out, “Go Roosters. I’m jealous.”
The woman said Hayne came back to the bedroom and tried to kiss her but she said no and he attacked her before there was blood everywhere.
In Hayne’s version, when he arrived at the house the woman’s mother opened the door before he was ushered into the woman’s bedroom
He tried to get the “convo” flowing but it was a strange situation so he suggested playing some of his ‘go to’ songs to break the ice.
Hayne said after the woman noticed the taxi, her mood changed and she asked if he thought he could just come to her house for sex.
He said he told her, “It’s up to you really”, before going out to tell the taxi driver he would be a few more minutes.
Hayne, who on a drunkenness scale of one to 10 believed he was about a six, claimed he went back into the bedroom but there was little small talk so he checked the grand final scores on his phone.
He then decided to go out to the lounge room to watch the end of the game because he was excited for two of his former NSW teammates, James Tedesco and Boyd Cordner, who were playing for the Roosters and were going to win.
Hayne then went back into the woman’s bedroom and knowing he had to go soon, kissed the woman and she kissed him back.
Hayne claimed he might have caressed the woman’s face when kissing and touching her before she eventually took off her pants and he began giving her oral sex with her consent.
He claimed he jumped up in shock when he realised the woman was suddenly bleeding before going to the bathroom to wash the blood off his hands and face.
He said he never intended to hurt the woman and did not bite her.
Hayne said he left after telling the woman to go to the doctor the next day if she was still in pain.
“There was nothing else I could do. I was apologetic,” Hayne told the jury.
© AAP 2020