“The decision was made in accordance with the Prosecution Guidelines.
“As the reasons for the decision are legally privileged, they will not be disclosed and the ODPP will not comment further.”
Hayne was accused of raping a woman with his hands and mouth at her Newcastle home on the night of the 2018 NRL Grand Final.
Three separate criminal trials were told the woman, who cannot be identified, changed her mind about having sex with Hayne after realising he had a taxi waiting outside.
He was sentenced to four years and nine months in jail, but had already served some of that time before his earlier successful appeal.
The state’s highest court quashed Hayne’s convictions, ruling the trial judge erred by not allowing further cross-examination of the complainant over her communications with third parties regarding the night of the alleged sexual assault.
The appeal court ruled the judge did not properly direct the jury regarding allegations from Hayne’s lawyers the complainant had lied about the contact, exacerbating the earlier error in not allowing her to respond to questions about it.
Justice Stephen Rothman said in the court’s published reasons there was good reason for no fourth trial, noting it was unlikely to occur before Hayne’s three-year non-parole period expired in May 2025.
Justice Deborah Sweeney was of a similar view given the matter’s history.
“To put [Hayne] on trial for a fourth time would not be in the interests of justice,” she said.
Hayne’s quashed convictions followed a hung jury in his first trial in 2020 and a previous appeal overturning guilty verdicts from his second trial in 2021.
Upon his release from jail, Hayne’s lawyer Lauren MacDougall said he was “really, really looking forward to getting home to his family”.
