Former NRL star Jarryd Hayne will face a third trial on sexual assault allegations but wants the venue changed from Sydney to Newcastle.
The 34-year-old was released from jail in February after the NSW Court of Criminal Appeal quashed his convictions and ordered a retrial.
He had served nine months of a minimum three years and eights months term imposed on him in May after he was found guilty of two charges of sexual intercourse without consent.
The ex-Parramatta player had earlier faced another trial where the jury could not reach a verdict.
When the case was mentioned in the District Court on February 18, the judge was told the Crown was still considering whether a retrial would be held.
But on Friday prosecutor Adrian Dragicevic said the Crown would proceed with a retrial.
Judge Dina Yehia also was told Hayne’s lawyer Ramy Qutami was applying for a change of venue from Sydney to Newcastle.
The application was listed for hearing on March 21.
When granting Hayne bail after his successful appeal, another judge said the earliest the trial might be able to proceed would be in October.
“After that, we’re looking at 2023,” he said.
The Crown contended in both trials Hayne forcibly performed oral and digital sexual intercourse on a woman in her NSW Hunter bedroom on the night of the 2018 NRL grand final.
Hayne has always maintained the encounter was consensual.
Hayne’s barrister successfully argued for his convictions to be overturned on two appeal grounds – that there was an error in the legal directions given to the jury and an error in a pre-trial ruling on evidence.
His bail conditions include a $20,000 surety, surrendering his passport and reporting to police three times a week.
He also must not contact or intimidate the alleged victim or any witnesses and cannot enter the Newcastle local government area.