Texts Jarryd Hayne’s accuser sent to another man on day of alleged sexual assault revealed to court
A woman who claims she was sexually assaulted by Jarryd Hayne was messaging another man the same day, telling him ‘if we aren’t going to keep talking I’m going to say yes to (the NRL star)’, a court has been told.
The 35-year-old Dally M winner faced the final day of evidence in his NSW District Court trial after pleading not guilty to two counts of sexual assault without consent.
Mr Hayne denies sexually assaulting the woman at her home on Newcastle’s outskirts in September 2018, on the night of the NRL grand final, claiming they engaged in consensual sexual acts.
The former footy star is accused of pulling off the woman’s pants before allegedly performing oral and digital sexual acts on her without her consent, causing cuts and substantial bleeding.
The two-week trial has entered its final stages, with the jury hearing a mountain of evidence over the past eight days.
NRL star Jarryd Hayne arrives at Downing District Court in Sydney on Thursday morning for his sexual assault trial
A man who the woman was messaging on the day of the alleged incident gave evidence on Thursday afternoon via AVL, telling the court he shared screenshots of the conversations with his roommate as he thought ‘it was a joke’.
The jury was told the woman sent him a message on Sunday September 30 which said ‘you have made me feel f**king terrible today bye’ with a waving emoji.
Defence barrister Margaret Cunneen SC asked why the man would receive that type of message.
‘I didn’t want to go see her,’ he responded.
Ms Cunneen said the woman then wrote: ‘Are you going to talk to me, otherwise I won’t…at least answer me and stop being a d**k’.
The defence barrister asked why the woman wrote that.
‘Prior to that message she was saying if I didn’t go see her she would get Jarryd Hayne to come over,’ the man told the court.
The jury was told he then wrote to the woman: ‘You honestly lost me at Jarryd Hayne is your side boy’.
Hayne’s alleged victim allegedly told a man that he was ‘being a jerk’ and she would ‘say yes to Jarryd Hayne’ if he didn’t come over to her place
The woman continued to ask if the man would be coming over before saying she felt ‘like a f**king idiot’.
She messaged again: ‘K (sic) if you aren’t going to say yes then I’ll say yes to Jarryd Hayne’.
‘Omg (sic) get me his signature babe xx,’ the man responded before saying: ‘I never said I was coming over’.
On Thursday he told the court he didn’t take the woman seriously.
‘I thought she was joking,’ he said.
The woman again said she was feeling like an idiot: ‘Are you coming over…I’m going to say yes to Jarryd … you don’t have to come here you’ll be ages … you’re being a jerk’.
‘You said maybe so i’m asking if you’re not,…I feel like a f**king idiot…are you coming over… k (sic)… if we aren’t going to keep talking I’m going to say yes to Jarryd,’ more messages read.
Hayne (pictured playing for Parramatta in 2018) is on trial after pleading not guilty to two counts of sexual assault without consent
The man told the court the woman kept texting from before lunch right through until about 8pm.
He said the messages were spread over many hours while he was having lunch and dinner with friends.
‘All I can recall is feeling like she was being aggressive and just messaging me nonstop talking to herself,’ he told the court.
The jury heard the woman sent six more messages including ‘what have I done now’, ‘you’re a jerk’ and said she was ‘upset’.
The court was told the man’s messages only came to light when he was in contact with Mr Hayne’s legal team during a previous trial.
Crown prosecutor John Sfinas began his closing address on Thursday afternoon, where he told the court ‘little comes’ of the man’s evidence as the woman was ‘forthright’ about her intentions with Mr Hayne.
Mr Sfinas said when the woman was talking to the other man about seeing him, she was willing to say no to Mr Hayne.
‘What does she say about the accused? In response to ‘You honestly lost me at Jarryd Hayne is your sideboy’ she says: ‘he isn’t, he contacted me last night…I said no’,’ Mr Sfinas told the jury.
‘The crown says that is compelling evidence…she was not completely obsessed or wedded to the idea she would see the accused.’
Hayne’s legal team, including Margaret Cunneen SC (left), asked the officer in charge of the investigation how he found out about a man messages with the alleged victim
On Thursday, the court heard the woman had deleted a bunch of messages off her phone, including the ones with the man above, as well as 19 with Mr Hayne.
The officer-in-charge of the investigation took to the witness stand on Wednesday where he revealed ‘a large number of text messages’ had been deleted off the woman’s phone before it was given to police.
The woman willingly handed her phone over to investigators in November 2018.
Detective Senior Constable Eugene Stek told the court he was not aware the woman was messaging another man the same day she met with Mr Hayne.
‘At the start of the investigation did you know about her communications with (the other man)?’ Ms Cunneen asked.
When he responded ‘no’, Ms Cunneen asked how he found out about them.
‘I think the first trial, it came up in the first trial,’ Senior Constable Stek told the court.
Ms Cunneen suggested the messages were brought to attention by Mr Hayne’s legal team.
She continued: ‘In relation to the communications she had with other people … they were much more extensive than you knew at the time you commenced this investigation.’
The officer-in-charge conceded: ‘yes’.
‘Even at the time you charged Mr Jarryd Hayne in 2018 you didn’t know about the (other) messages and communications,’ Ms Cunneen asked.
‘No,’ Senior Constable Stek replied.
Hayne’s trial before Judge Graham Turnbull continues (he’s pictured leaving court with wife Amellia Bonnici on Wednesday)
The court heard the alleged victim had also deleted a series of messages she shared with Mr Hayne.
The jury was told the missing messages were either later discovered by police during a forensic analysis of her phone via ‘Cellebrite’, or through Mr Hayne’s legal team at his first trial.
‘Can I suggest to you about 19 messages to or from Mr Hayne had been deleted on her phone by the time she provided it to police?’ Ms Cunneen questioned.
Detective Inspector Stek said it was dependent on the date of the phone’s forensic examination.
He conceded a ‘large number of messages’ had been deleted before police received the phone.
‘Had she told you about that or not, sir?’ Ms Cunneen asked. Detective Inspector Stek responded: ‘no’.
The trial continues before Judge Graham Turnbull.
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