Former rugby league player Jarryd Hayne still doesn't know whether he will face a third trial on sexual assault charges which date back to the night of the NRL grand final in 2018.
The District Court heard this morning the Office of the Director of Public Prosecutions (DPP) hadn't decided whether to pursue a retrial of Mr Hayne or abandon the matter.
"The crown is still considering its position in relation to the question of a retrial," DPP lawyer Isha Fay told Judge Christopher O'Brien.
Ms Fay asked for more time to decide whether to prosecute again.
Mr Hayne walked from Cooma Correctional Centre three days ago after his convictions for the 2018 sexual assault were quashed on appeal and a retrial was ordered.
The Court of Criminal Appeal agreed with Mr Hayne's lawyers' argument a jury had relied on inconsistent evidence from the alleged victim during last year's trial.
The alleged assault took place at a Newcastle home while Mr Hayne was on a two-day buck's event in the area.
He visited a 26-year-old woman with whom he had been swapping messages with for 13 days and a sexual encounter ensued.
She said she had rejected his advances and Mr Hayne was forceful but the former Parramatta Eels player has always maintained the interaction was consensual.
Mr Hayne's lawyer, Ramy Qutami, told the court on Friday if the Crown decided to pursue a third trial, his client would apply to have it heard in Newcastle.
"... an application will be made for a change of venue ... to Newcastle where it was originally listed," he said.
In 2020, Mr Hayne first faced a trial over the charges in Newcastle, which resulted in a hung jury.
The trial then moved to Sydney last year and he was found guilty of two counts of sexual intercourse without consent and sentenced to five years and nine months behind bars.
He served nine months before his release on Tuesday.
As part of his bail conditions, he is not allowed to enter the Newcastle local government area and had to pay a $20,000 surety.
The matter has been adjourned for until March 4, when the Crown is expected to reveal its decision about pursuing a retrial.
