Former NRL star Jarryd Hayne is retrying after the jury failed to pass a verdict on sexual assault.
The jury paused for two days before informing the judge that they could not make a unanimous decision.
“This decision was not taken lightly … and no consideration will change that,” they told the court in a note.
Shortly after being told that an 11 to 1 decision would be adopted, they said the split had not been resolved and they were fired.
Hayne, 32, pleaded guilty to two incidents of aggravated sexual intercourse without consent, without recklessly causing actual assault. In this incident, his alleged victim bled from the genitals.
It was Grand Final day in 2018 when Hayne stopped at the woman in a cab on his way home to Sydney after a dollar weekend.
The woman told the court that when she noticed the taxi was waiting outside, she felt angry and hurt.
“My heart kind of sank thinking he’d only come there for one thing.”
“I think all the while in my head I was thinking that one day this might become something.”
The jury was told that after Hayne asked the driver to wait longer, he watched the grand finale end with her mother and then returned to the bedroom.
The woman claimed that he then forced himself on her.
“I’m not sure if he bit or cut me or what the hell he did. But I said ‘don’t, no, I don’t want’ and then I was bleeding all over the place.”
A doctor gave evidence in court that she had two cuts on her genitals.
Hayne testified in court, claiming he kissed her and after she kissed him back she took off her own pants.
“I knew she didn’t want to have sex, but I thought she was just going to like me,” said Hayne.
He said when he felt a different type of fluid he stopped immediately.
“I jumped up and immediately looked at my hand and there was blood.”
“I said it’s obviously just my finger, it obviously cut you … she was a little messed up.”
Haynes attorney Phillip Boulten SC said his “famous” client was the “sex object” when he referred to the woman’s previous sexually explicit messages on Instagram.
He said the woman was a willing participant and may now regret what happened or have convinced herself that she does not agree.
“It was bad sex,” he said, “but she was upset about her injuries and that’s why we’re all here.”
District Attorney Brian Costello described the woman as an open and honest witness.
“She admitted that sex could have happened under the right circumstances,” he said.
“The taxi that was waiting outside with the meter clicking was hardly the right thing to do.”
Haynes contract was not renewed by the Aalen after the 2018 season when the allegations first surfaced.
Prosecutors will indicate whether they will take a return route on December 16.
