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Jarryd Hayne will face a retrial next year over sexual assault allegation – after jury were discharged earlier this month

Former NRL star Jarryd Hayne, who's accused of attacking a woman in her bedroom, will face a retrial in Sydney on rape charges.

Prosecutor Brian Costello confirmed on Wednesday in the Newcastle District Court that the Office of the Director of Public Prosecutions would pursue two rape charges against Hayne after his first trial in Newcastle ended in a hung jury.

The jury of eight men and four women was discharged on December 7 after a two-week trial when they failed to reach a verdict.

Judge Tim Gartelmann on Wednesday said if the trial went ahead in Newcastle, it was unlikely to be accommodated until late 2021 or early 2022.

The judge said the Newcastle courts' diary had been impacted by COVID-19, causing delays and indicated the trial could possibly be heard earlier in Sydney.

Former NRL star Jarryd Hayne, who's accused of attacking a woman in her bedroom, will face a retrial in Sydney on rape charges (pictured, Hayne arrives at Newcastle Court on December 2)

Former NRL star Jarryd Hayne, who's accused of attacking a woman in her bedroom, will face a retrial in Sydney on rape charges (pictured, Hayne arrives at Newcastle Court on December 2) 

The case was briefly adjourned to allow Mr Costello and Hayne's defence lawyer Penny Musgrave to discuss their options.

Both parties returned a short time later with Ms Musgrave, who appeared via audio visual link from Sydney, telling the court she had spoken to the court listings manager who indicated Hayne's two-week trial could start in Sydney on March 8.

Mr Costello said the application to move the trial to Sydney was not opposed given it would proceed much more expeditiously than if it returned to Newcastle.

The judge listed the case for a readiness hearing in Sydney on January 29 with the trial to begin on March 8. Hayne's bail was continued until January 29.

Hayne, who was excused from appearing in court on Wednesday because he had legal representation, has pleaded not guilty to two charges of aggravated sexual assault recklessly inflicting actual bodily harm.

The NRL star was one of the country's most famous rugby league players when a young woman sent him an Instagram message saying he was 'absolutely gorgeous'.

The 32-year-old said he was holidaying in Dubai, cruising a mall, when he replied a day later on September 14, 2018, saying: 'Price it.'

The young woman, who had been a successful model winning competitions, asked him: 'Price what? Do you think I'm an escort or something because I'm not.' 

Hayne leaves Newcastle Court in Newcastle after the jury in his trial failed to reach a verdict on December 7

Hayne leaves Newcastle Court in Newcastle after the jury in his trial failed to reach a verdict on December 7

Hayne sent the woman who had accused him of rape a message saying 'price it' in their first exchanges on Instagram, the court heard

Hayne sent the woman who had accused him of rape a message saying 'price it' in their first exchanges on Instagram, the court heard

Hayne responded with three smiley face emojis saying he had been talking to a guy about buying a Rolex and was not sure how the woman got the message.

He then asked the woman - one of his more than 400,000 Instagram followers - to send him some photographs.

The woman told him he could never put a price on her but 'I'm not saying it wouldn't be hot as hell'.

She said she wasn't going to lie and she had imagined what it would be like to be 'f***ing' him.

He replied: 'Ha ha wow' and told her he liked her honesty.

The woman agreed to send him photos of her posing in her underwear in front of a mirror but could not remember sending him any nudes on Snapchat.

Hayne said she did.

The pair exchanged flirty, steamy and sexually explicit messages on social media for nearly a fortnight before Hayne told the woman he was travelling to Newcastle for a two-day bucks party for rugby league player Kevin Naiqama.

The woman told him he could never put a price on her but 'I'm not saying it wouldn't be hot as hell'

The woman told him he could never put a price on her but 'I'm not saying it wouldn't be hot as hell'

Jarryd Hayne and his girlfriend Amellia Bonnici arrive at court on December 3, the last day of the trial

Jarryd Hayne and his girlfriend Amellia Bonnici arrive at court on December 3, the last day of the trial

Hayne paid a taxi driver $550 to take him to Sydney from the party but asked her to stop off at the woman's nearby house for a few minutes to pick up a bag. He didn't tell anyone at the bucks party what he had planned.

Other players attending the party included Waisale 'Wes' Naiqama, Kane Evans, Vitale Junior Roqica, Sauaso 'Jesse' Sue and Apisai Koroisau. 

He put one of his vodka cruisers on the letterbox as he headed for the woman's front door. 

The woman admitted - when giving evidence at Hayne's rape trial in the Newcastle District Court last week - how she must have been living in fairyland hoping they would have a future together.

Hayne shared videos of his young daughter with her during their social media exchanges so their interaction was not all about sex, which made her think there was a chance he wanted to be close to her.

'I wanted to meet him. I really didn't know what was going to happen. Some of the things I said (on social media) were to get him to like me and that's embarrassing,'' she told the jury. 

The jury in Hayne's case could not reach a unanimous decision. Hayne pictured leaving Newcastle Court on Monday

The jury in Hayne's case could not reach a unanimous decision. Hayne pictured leaving Newcastle Court on Monday

'I thought it would turn into something more. I just wanted to hang out with him. When you get attracted to someone, it just happens like that.'

The woman, 26 at the time, claimed she was not a big footy fan but knew who Hayne was.

On the way to Newcastle for the bucks party on Saturday, September 29, 2018, Hayne sent the woman a video of him drinking and singing. 

The woman sent him a text message at 10.11pm asking: 'Babe, will you be here tomorrow night?'

He replied: 'Nah, we're going back tomorrow.'

She told him: 'Stay one more night. I'm ruined ... otherwise take me back (to Sydney) ha ha. I'm full serious and you know it.'

At 12.55am on Sunday, the woman sent Hayne another message telling him she was seeing him before he went, suggesting they meet for coffee or breakfast.

Hayne, who didn't end up going to bed until well after 4am, went to paintball instead before going on a pub crawl with the boys.

He later asked the woman if she wanted to join him and the boys, telling her she could bring a friend but she declined. She didn't want to go to a house full of men drinking.

Questioned by defence barrister Phillip Boulten SC during the trial, the woman agreed she was open to the idea of having sex with Hayne if he arrived at her house and 'it went that way'.

Pictured: Jarryd Hayne is seen outside the Newcastle Court, in Newcastle, on December 2

Pictured: Jarryd Hayne is seen outside the Newcastle Court, in Newcastle, on December 2 

At 7.36pm she sent Hayne her address but he didn't arrive until about 9pm.

While she was waiting, she sent him a message: 'Where are you fool?' 

Whatever happened inside the woman's bedroom will always be in dispute.

The woman claimed she told him 'no' to sex after she realised he had a taxi waiting for him outside but he ignored her.

Hayne said he knew she didn't want to have sex but decided to give her oral sex to please her with her consent. He said she never said 'no' or 'stop'.

She thought he had bitten her vagina when there was suddenly blood everywhere but he said he must have accidentally cut her with his finger.  

On the way out to his taxi for the trip back to Sydney after washing the blood from his hands and face, he grabbed the vodka cruiser from the letterbox to take with him.

The Newcastle District Court jury of eight men and four women told Judge Peter Whitford SC on Monday December 7 they were deadlocked and could not reach a unanimous decision or the alternative 11-1 majority verdict.

Judge Whitford had no option but to discharge the jury, which had been deliberating since 1pm on the Thursday prior. 

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