The lawyer representing convicted rapist Jarryd Hayne has argued he is “too high profile” to be sent to prison ahead of his sentence after he was found guilty of sexual assault.
Judge Graham Turnbull SC told the court there would be “no question” Hayne would be going to prison when he eventually faces a sentence hearing.
Hayne fronted Sydney’s Downing Centre District Court on Thursday, walking in at exactly 9.30am wearing a blue navy jacket and khaki chinos, after what could be his final two days of freedom.
Crown prosecutor John Sfinas is applying for him to be taken into custody.
His defence barrister Margaret Cunneen SC 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.
Ms Cunneen said Hayne is “much more liable” to attacks while in custody as the “intensity of publicity” is greater than ever.
The court was told there had been comments made to the family’s personal social media accounts which appear to be “threatening”.
“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.”
Ms Cunneen said the family would also have to “change their circumstances” while Hayne is in custody.
She called Ms Bonnici to the stand, after telling the court the coming few weeks would be difficult for Hayne’s family if he is taken into custody.
When asked by Ms Cunneen about the couple’s family, Ms Bonnici broke down on the stand.
“Have you prepared an affidavit in relation to what the next few weeks will mean to you and your family without your husband’s support to get things prepared for his sentence?” Ms Cunneen asked.
Ms Bonnici began crying before she said: “I can’t even put that into words.”
The court heard the family would have to relocate to a “country town” so Ms Bonnici could get help with supporting her family.
She told the Crown prosecutor she would have to rely on extended family.
Mr Sfinas suggested there were “a lot of people” to support Hayne and Ms Bonnici in court.
“I think it’s different to extended family support, they can’t help raise my [family],” she replied.
Ms Bonnici told the court Hayne and her family had received no income for the past five years and had been living off her husband’s savings.
When Ms Bonnici finished giving evidence, she kissed Hayne before returning to her seat at the front of the public gallery.
Mr Sfinas said Hayne should be taken into custody regardless of his status.
“All it comes down to is the fact the offender was a high-profile footballer, and that’s all it comes down to,” Mr Sfinas said.
After five years, three trials, an appeal and nine months in prison, Hayne was on Tuesday found guilty of sexually assaulting a woman at her Newcastle home in 2018.
It was the third time the Dally M winner has faced a trial over the same incident, and the second time he was found guilty.
While he claims the sexual encounter was entirely consensual, the jury accepted the woman’s version of events that she repeatedly said “no” and ”stop”.
He hugged his wife, Amellia Bonnici, who walked into court wearing a blue dress with a grey coat.
Family and friends filled the public gallery, with some even sharing seats to fit everyone in the room.
Media were asked to sit in the jury box, while the entire public gallery was filled with supporters, many of which could be heard crying during Ms Bonnici’s evidence.
The 35-year-old is a devout Christian but is now facing the prospect of being away from his family for Easter, spending the religious weekend behind bars.
He spent the past two days spending time with loved ones ahead of his incarceration.
The 35-year-old plans to appeal the conviction, telling media outside court on Tuesday he was “pretty confident” it would go in his favour.
The jury of six men and six women took almost 23 hours to come to the verdict, before the foreman said the word “guilty” to the courtroom just after 3.30pm Tuesday.
The bail hearing continues.
