There is a fresh push from prosecutors to send convicted rapist Jarryd Hayne to prison ahead of his sentencing after he was found guilty of sexually assaulting a woman in 2018.
The 35-year-old walked out of Sydney’s Downing Centre District Court last week, clutching the hand of his wife Amellia Bonnici as seven sheriff’s officers led him towards an awaiting car.
Judge Graham Turnbull SC allowed Hayne to remain on bail to help his family get sorted before his fate is sealed on May 8.
Watch every game of every round of the 2023 NRL Telstra Premiership Season LIVE on Kayo Sports. New to Kayo? Start your free trial now >
But the Director of Public Prosecutions has applied for a higher court to overturn the ruling and put him behind bars.
The NSW Supreme Court on Wednesday confirmed the Office of the DPP had filed a new application to detain Hayne.
Hayne will again face court on Friday to fight the application.
The first District Court application was opposed by Hayne’s defence barrister Margaret Cunneen SC, who told the court Hayne was “too high-profile” to be sent to prison in the midst of major media coverage.
Judge Turnbull agreed with the defence’s opposition, saying “who he is and what’s surrounded him” has made him “particularly vulnerable in the circumstances”.
“It is something which is an exceptional case and created an exceptional circumstance,” he said.
“I’m of the view they exist sufficient to justify a rejection of the detention application.”
The court heard he had received hundreds of threats in the days since the guilty verdict.
“Should lock him up with a few guys and teach him what it’s like to have your consent disregarded,” one threat read.
“You are the lowest of the low you deserve no sympathy,” another said.
Another read: “Big bubba is waiting”.
Judge Turnbull said there was evidence Hayne had been “vilified” in the public arena as he anticipated the star would be taken into custody at a later date.
He told there court there was “no question” Hayne would be going to prison when he faces sentencing next month.
Ms Cunneen told the court she opposed the application, saying the young family has endured large amounts of “vitriol” following the verdict.
She argued that Hayne should not be taken into custody because he is too high-profile.
“This is a case which is exceptional, there wouldn’t be such a massive press contingent present in court if there wasn’t something exceptional about this case, but that has added to the unrelenting media pressure on this very young family,” Ms Cunneen said.
“The fact (is) this family can’t even walk out of their homes without the pressure of the press on them.”
The court heard Hayne had previously been targeted while in custody, meaning he had to be protected, with the decision to release him on bail based on the conditions he would face now, rather than what he would face when sentenced.
Ms Cunneen said Hayne is “much more liable” to attacks while in custody as the “intensity of publicity” is greater than ever.
“The visceral response is grossly out of proportion to the relative seriousness to the circumstances in this case,” she said.
“Mr Hayne is treated as the most evil and serious sex offender that has ever come out of the earth.”
Hayne will face the Supreme Court on Friday.
