A woman who alleged Jarryd Hayne sexually assaulted her in a fleeting encounter at her home deleted a bunch of messages with the former NRL star, as well as another man, before handing her phone to police, a jury has been told.
The 35-year-old Dally M winner is standing trial in the NSW District Court 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 is nearing its final stages, with the jury hearing a mountain of evidence.
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.
Former NRL star Jarryd Hayne leaving the NSW District Court on Wednesday during his trial. Picture: NCA Newswire / Gaye Gerard
The court was told 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.
Mr Hayne is accused of sexual assaulting a woman at her Newcaslte home. Picture: NCA NewsWire / David Swift
The messages with the other man were read aloud to the jury during Ms Cunneen’s opening address on the first day of the trial.
Ms Cunneen told the court the woman wrote: “Are you going to talk to me, otherwise I won’t … at least answer me and stop being a d**k”.
“You honestly lost me at Jarryd Hayne is your side boy,” the other man responded.
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,” the man responded before saying: “I never said I was coming over”.
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”.
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 “Cellbrite”, 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.