The court heard the woman decided she did not want to have sex with Hayne after she realised a taxi was waiting outside.
But Hayne told the court the penetrative and oral acts were consensual, he was “shocked” when he realised he was covered in the woman’s blood and said he accidentally clipped her with his finger.
The jury of six men and six women retired to deliberate about 3.30pm on Monday, March 27.
They deliberated until Friday and returned on Monday, when they gave a note to Judge Turnbull saying that they were unable to reach a decision and sought guidance on how to proceed.
In response, Judge Turnbull gave the “Black Direction,” saying experience has shown a jury can often make a decision after having more time.
But having not received a further note from the jury by Tuesday morning, Judge Turnbull called them back into the courtroom.
He emphasised what he said yesterday about persevering and asked them to be confident that they could let the court know if they were “having trouble being unanimous”.
He told the jury they had been diligent for some days and he did not want to encourage them to take any particular course, but reminded them they could ask for guidance if needed.
Judge Turnbull also gave a direction about avoid making stereotypes, at the request of defence barrister Margaret Cunneen SC.
“You must only have regard to the evidence in the trial — I’ve said that many times — nothing beyond these four walls,” he said.
“You must be true to your oaths and affirmations... Being satisfied beyond reasonable doubt does not mean it is more likely than not. It is not enough to be satisfied on the balance of probabilities — what is what is required is proof beyond reasonable doubt.”
The jury heard that if there is an issue, they should communicate that with the court. But they were told that message should not be seen as putting any pressure on them.
“You are the only ones to have heard and seen all the evidence and therefore it’s what you make of the evidence which is the touch stone,” Judge Turnbull said.
“The verdict is guilty or not guilty, not guilty or innocent.”
Night in question
The trial heard the pair had chatted on social media for two weeks leading up to September 30 but had not met in person.
It heard Hayne had invited the woman to meet him out the night before while he was at a party during the bucks’ weekend, but she declined. She instead invited him for coffee or breakfast the next morning.
The court heard when Hayne arrived at the woman’s house shortly after 9pm the next night, her mother had answered the door.
According to Hayne’s evidence, the mother directed him to the bedroom, where he felt awkward as the woman was shy, despite having sent sexual and suggestive texts.
He said he tried to break the ice by putting a few of his “go-to” songs on YouTube, including Ed Sheeran’s cover of Oasis’ song ‘Wonderwall’.
The court was told that a short time later, the front door was knocked on by the taxi driver. Hayne had told her he was only going to the house to pick up a bag.
Hayne told the court he then went out to watch some of the NRL Grand Final with the woman’s mother before coming back into the bedroom, when the Crown argued the alleged assault — which Hayne strenuously denies — occurred.
Throughout the trial, Judge Turnbull urged the jury to avoid stereotypes and preconceived ideas when making their decision.
