Former Australian sports league player Jarryd Hayne has won an elegance and been ordered to go on trial for the same case for a third time.
The 36-year-old was found guilty of sexual abuse last year by a judge, and given a sentence of at least three years in prison.
He has consistently denied having attacked the woman in her home, arguing that the pair had lawful sex, and has always denied that he has ever done so.
Mr. Hayne played American football for a brief period in the NFL and was one of the most well-known players in Australia’s National Rugby League ( NRL ).
The 26-year-old woman claimed to a New South Wales ( NSW) court that the pair had exchanged social media posts for two weeks prior to Mr. Hayne stopping at her home in Newcastle, which is located about two hours north of Sydney, after a bachelor party in September 2018.
She said Mr Hayne forced himself on her there, despite her saying “no” and” stop”, leaving her haemorrhage.
Mr Hayne’s charm was heard in April by a panel of three judges from the state’s best judge.
Two of the three on Wednesday ruled that the trial judge had made an error by forbidding cross-examination of the person over specific text emails, which Mr. Hayne’s legal team claimed had implied her assent.
When delivering the ruling, Justice Stephen Rothman said that had amounted to a miscarriage of justice, ordering Mr Hayne’s views to get quashed.
” Whether there is in reality a farther trial is a problem for the Director of Public Prosecutions”, he added.
Mr. Hayne has been charged in the same case for the next day in last year’s trial. His first test ended with a hung judge, and his subsequent trial’s criminal conviction was overturned on appeal.
As the lawful saga has progressed, he has spent nearly two years in jail, and his accuser has been forced to give information and have to go through a protracted cross-examination several times.
Mr Hayne half won the NRL’s player of the year award and played 11 Testing for Australia.
At the top of his NRL job, in 2015 he joined the NFL in the US with the San Francisco 49ers.