A series of messages on social media were at the heart of Jarryd Hayne’s successful appeal against his sexual assault convictions.
against his sexual assault convictions was a line of questioning his defence team was blocked from pursuing at his trial.
The woman who received the messages gave evidence that after 10pm on September 30, 2018, the complainant messaged her on Snapchat words to the effect of Hayne “went down on” her and “it was really rushed”, but did not say it was non-consensual. Hayne’s third trial also heard that messages between the complainant and a man in the hours before the incident with Hayne – in which she said that “ we aren’t going to keep talking, I’m going to say yes to Jarryd” visiting her – were only revealedThe court heard the woman later told the man’s flatmate on the day of Hayne’s first appeal to “tell he just f----d me with the appeal”, and told police that “if those messages get out I’m f----d and he will get off”.
“The evidence of the complainant’s not disclosing to police or the Crown her communications with ... and her views expressed on 29 November 2021 about evidence and the messages with , had the capacity to demonstrate consciousness by the complainant that the evidence of her communications with those witnesses did not support her account of the events the subject of the charges.”
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