Former NRL superstar Jarryd Hayne has had his sexual assault conviction overturned and is set to face a third trial.
The Court of Criminal Appeal on Monday quashed his conviction after he last year applied to the state’s highest court.
Mr Hayne, 33, had been in jail for over nine months having been sentenced to at least three years and nine months in prison for the alleged sexual assault of a woman in her Newcastle home on NRL grand final night in 2018.
A District Court jury in March last year found the former Dally M winner guilty of two counts of sexual assault, accepting the woman’s version of events that he performed digital and oral sex on her without her consent.
He was subsequently sentenced by Judge Helen Syme to five years and nine months jail, with a non-parole period of three years and eight months.
He launched an appeal against his conviction claiming the NSW District Court jury was given flawed directions and there were inconsistencies in the evidence.
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.
According to Hayne’s barrister, Judge Syme used words like “might” and “may” when she should have used “beyond a reasonable doubt”.
Mr Game also argued before the Court of Appeal that the woman’s words in a text sent to a friend did not accord with her evidence that she repeatedly said “no” and “stop”.
The former Parramatta Eels fullback and NFL player has persistently maintained his innocence - stating so after he was in March found guilty by a jury.
“I‘d rather go to jail knowing I spoke the truth than be a free man living a lie,” Mr Hayne said
During a sentence hearing in May he again reiterated his innocence, saying: “I didn’t do it.”
The Court of Appeal of Monday quashed his convictions and ordered him to face a fresh trial, with the matter listed to be mention in the District Court on Thursday.
Mr Hayne remains in Cooma Correctional Centre and could apply for bail ahead of a third trial.
