Former NRL participant Jarryd Hayne’s barrister has advised a Sydney jury proof from the lady he’s accused of sexually assaulting isn’t sufficient to persuade them he is responsible.
The NSW District Court docket jury retired to think about its verdict on Monday, following a two-week trial.
Margaret Cunneen SC advised jurors the lady “was a lot lower than trustworthy” with police, gave inaccurate proof and “put the boot in”, accusing Hayne of sexual assault after a “disappointing” finish to a gathering she had insisted on.
Hayne, 35, has pleaded not responsible to 2 counts of sexual activity with out consent and is going through a 3rd trial over the allegations.
The lady he’s accused of assaulting can’t be recognized for authorized causes. Her beforehand recorded proof was performed to the jury in closed court docket.
Prosecutors allege the lady conveyed she was not consenting by her phrases and actions after Hayne arrived at her suburban Newcastle residence on the evening of the 2018 NRL grand last, on September 30.
The matter was referred to the police by the NRL’s Integrity Unit in November.
Hayne was a star participant for the Parramatta Eels, represented NSW in State of Origin and performed internationally for Australia and Fiji throughout his skilled profession.
Ms Cunneen advised the jury the lady didn’t need to go to the police, as a result of she knew no crime had been dedicated.
“This accelerating prepare that begins when somebody will get wind of an allegation of sexual assault could be very arduous to leap off,” Ms Cunneen mentioned in her closing deal with on Monday.
Media reviews introduced a “extra damaging image” of Hayne than the jury knew was the case, she added.
“You are not right here to find out whether or not the whole lot Mr Hayne does is the great factor, the well mannered factor,” she mentioned.
She labeled as distractions, the proof of Hayne leaving a taxi ready outdoors the lady’s residence and a bottle of pre-mixed alcohol on her letterbox, which she reminded the jury he picked up when he returned to the taxi.
“These are the issues that do not actually assist you along with your dedication,” she mentioned.
Hayne confronted severe felony expenses requiring proof past an affordable doubt, and his proof about what occurred needs to be accepted as being “at the least an affordable risk”, the barrister mentioned.
“Not that you’d suppose this, however even should you thought Mr Hayne was most likely responsible, that is not sufficient,” Ms Cunneen mentioned.
“If there was a reasonably hurried intimate encounter… one thing disappointing occurs, an individual may be unhappy and alone and searching for assist.
“And if you do not get assist by telling the reality you would possibly embellish it.”
Ms Cunneen mentioned textual content messages despatched to Hayne had been deleted from the lady’s telephone and different messages to a solicitor she communicated with on social media had been initially hid.
She mentioned the lady “upped the ante” after telling a good friend of the encounter and being advised “that is rape”.
Decide Graham Turnbull reminded the jury Hayne had the identical presumption of innocence and advantage of doubt as some other particular person going through a felony accusation.
His proof needs to be assessed for reliability and truthfulness in the identical method as different witnesses, together with the lady’s, the choose mentioned.
He additionally directed jurors to not resort to stereotypes or pre-conceived concepts.
“There is no typical or regular response to non-consensual sexual exercise,” he mentioned.
The jury of six ladies and 6 males are contemplating a verdict.
