The inside story of how Jarryd Hayne secured his freedom as his rape charge is overturned: 'If those messages get out, he will get off'

One-time football star Jarryd Hayne has freed himself from prison again thanks to a hard-hitting and technically clever appeal by leading criminal barrister, Tim Game SC.

And at the heart of Hayne's success in throwing off the shackles of rape allegations to once again be a free man are text, Facebook and Snapchat messages by the young woman who was his rape accuser.

The former Parramatta and Gold Coast NRL fullback's six year ordeal - comprising three criminal trials, two appeals and two stints behind bars - would seem to be over, with a fourth trial considered possible, but unlikely.

Mr Game's winning strategy for his now 36-year-old client in the NSW Court of Criminal Appeal was based on messages sent by Hayne's accuser to Hayne, to a male friend and to a woman she'd only ever met via social media.

The ex-NRL player's defence team also argued the woman who claimed Hayne raped her should have been cross-examined on why she allegedly told police: 'If those message get out, I'm f***ed and he will get off.' 

Hayne was tried in May last year by NSW District Court Judge Graham Turnbull who jailed Hayne for a maximum four years and nine months, and a minimum three years. 

Had his appeal failed, he would have walked free in about a year's time.

The stunning appeal, which secured Hayne's release from a correctional centre in western Sydney on Wednesday afternoon was based on errors made by Judge Turnbull.

The appeal court quashed Hayne's convictions on the basis the judge erred in not allowing the complainant to be further cross-examined during the trial. 

It also also ruled the trial judge did not properly direct the jury about how to deal with allegations the complainant had lied. 

Judge Turnbull refused requests last year for the woman to be cross-examined on the police statement, saying it carried 'almost infinitesimal weight'. 

Mr Game, a former NSW Bar Association president, argued the woman deleted messages between herself and Hayne that demonstrated she had initially shown a sexual interest in him.

Texts show how case unfolded 

Hayne's three criminal trials - in 2020, 2021 and 2023, resulting in a hung jury and two guilty verdicts - were all told the woman changed her mind about having sex with Hayne after realising he had a taxi waiting outside her house.

In one text to Hayne after the encounter the woman, who cannot be identified for legal reasons, wrote: 'I know I've talked about sex and stuff so much but I didn't want to do it after knowing the taxi was waiting for you.

'I thought you would have at least stayed? I am hurting really badly. I told mum you got a nose bleed'. 

Hayne's reply was 'Go doctor tomorrow'.

To call Jarryd Hayne's infamous act before the sexual encounter that night unchivalrous would be underselling the level of contempt it has attracted. 

Two weeks before the evening in question - the September 30, 2018 rugby league grand final in Newcastle between the Roosters and the Melbourne Storm - Hayne and the young woman had been chatting via Instagram and Snapchat.

Some of the it was sexual, or merely flirtatious, with the 26-year-old texting Hayne on September 17 'you are absolutely gorgeous'.

The following day, she texted: 'I’m not going to lie … I imagined what it would be like to be f***ing you when you started talking'.

Hayne replied 'Very steamy' with two fire emojis and 'I like the honesty'. 

In subsequent days, the woman asked Hayne when he would be free to come to the Hunter region 'because I am never in Sydney'.

Hayne travelled to Newcastle to attend the bucks' party of a fellow player. 

The woman messaged him on the Saturday evening, imploring him to stay up there for Sunday night. 

Complainant to Hayne, 10.11pm September 29, 2018: 'Babe will you be here tomorrow night? Stay one more night!!! I 'm full serious and uno it.'

Hayne's response was 'Na. Going back tomorrow.' He does not appear to have responded to a 12.54am call or 12.55am text until 7.41am on Sunday when he texted her, 'morning'.

That morning, the woman texted a male friend, Steven Page, asking him if he was coming over and saying 'If you aren’t going to keep talking I’m going to say yes to jarryd hayne coming here to hand out when he’s done at his mates'.

In a Snapchat exchange between the woman and Hayne, he said he would come and see her.

On Sunday afternoon, the woman sent a message to another woman, saying 'I turned down jarryd hayne. I'm a f***ing idiot.'

The woman replied, 'No ur not. Don't go for footy guys ... just remember your worth.' 

When the complainant said 'he's still attractive', the woman replied, 'yeah it's true but it just would have been sex'.

Around dinner time, the woman texted a friend, Steven Page, and told him he's 'being really horrible' for not coming over'. 

She repeated her previous statement that 'if you aren't going to keep talking I'm going to say yes to Jarryd'.

In a 7.31pm phone call by Hayne to the woman, he told her that he is going back to Sydney and would come and see her on the way. 

A text by the woman to him at 7.36pm said: 'Are u coming or not. Where are you fool.'

At 8.45pm a taxi collected Hayne from an address in the Newcastle suburb of New Lambton, arriving at the woman's house at 9.07pm.

The woman was unaware that Hayne had paid a taxi driver $550 to drive him to Sydney, told the driver there was a detour to Newcastle's western outskirts, and on arrival, placed a half-drunk Vodka Cruiser bottle on the letterbox.

This was the couple's first meeting in person and once inside, the trials have heard, Hayne's way 'of breaking the ice' with the woman he hoped to have sex with in a 'best-case scenario' was to sing songs, like Ed Sheeran's cover of Oasis’ Wonderwall.

The woman's mother was also at the home, and the grand final was on the TV approaching its full-time win for the Roosters over Storm 21-6.

Trial prosecutors alleged Hayne pulled the woman’s pants off, was rough and forceful in their sexual encounter and left her bleeding. Hayne claimed the sex was entirely consensual.

He was out the door, departing in his taxi at around 9.53pm, 46 minutes after his arrival.

In text exchanges afterwards, the young woman tells him, 'Jarryd you ran to the sink to wash the blood off. I said no from the start especially as you had the taxi waiting outside and you seemed blind drunk. 

'You know I didn't want anything and you were really  pushy, rough and kept going. You didn't show any remorse and it has really impacted me since.'

Hayne replied: 'That's completely untrue! Everything we did you consented to.'

Hayne was arrested seven weeks later, in November 2018, and charged with two counts of sexual assault.

Accuser slams woman who went to police 

Found guilty at his second trial in May 2021, Hayne was sentenced to five years and eight months in prison with a non-parole period of three years and eight months.

His convictions were overturned on appeal and Hayne was released from Cooma Correctional Centre on February 15, 2022.

Around that time, his complainant sent a Facebook message to the woman she had known only via social media, and who had later gone to the police with the complainant's messages.

'I have never done anything to you and for you to write something to JH about me having him over does not excuse what happened. 

'I did not tell you because it was disgusting and confusing for me. If he gets out you can thank yourself. 

'This has been the hardest most painful thing I’ve ever been through and you can thank yourself for helping a guilty person.'

Hayne's third trial beginning in March 2023 concluded with his guilty verdict on April 4 and his imprisonment.

In his successful appeal, Hayne's third ground, arguing the now-quashed guilty verdicts were unsafe or unreasonable, was not upheld. 

Hayne was granted bail unopposed on Wednesday afternoon and the case is due to return to the NSW District Court in late July, when prosecutors can provide an update on whether they will proceed with a fourth trial.

One of the three CCA judges, Justice Stephen Rothman said on Wednesday there was good reason for no fourth trial to take place, noting it was unlikely to occur before Hayne's non-parole period expired in May next year.