Sri Lankan cricketer Danushka Gunathilaka has been acquitted of sexual assault charges related to the act known as 'stealthing.' Judge Sarah Huggett delivered the verdict at Sydney's Downing Centre District Court, where Gunathilaka expressed relief and his eagerness to return to playing cricket following his acquittal.
Judge Huggett's ruling highlighted a crucial aspect of the case, "The evidence establishes that there was no opportunity for the accused to remove the condom during intercourse because that intercourse was continuous." This observation formed a key basis for Gunathilaka's acquittal.
The complainant, whose identity is legally protected, was described by the judge as an intelligent and responsive witness who did not deliberately provide false evidence. However, Judge Huggett noted that at times, the woman's testimony appeared to be motivated by a desire to portray the cricketer negatively. The judge concluded that the evidence regarding the complaint did not support the complainant and even undermined the reliability of her statements.
Gunathilaka's defence team indicated their intention to apply for the Crown to cover his legal costs incurred during the defense against the allegation.
After the court's decision, Gunathilaka expressed his gratitude towards his lawyers, parents, and supporters who stood by him throughout what he described as a challenging 11-month period. He eagerly looks forward to resuming his cricket career.
The case originated from Gunathilaka's encounter with the woman through a dating app. They met for drinks at Opera Bar in November 2022, followed by a pizza dinner in Sydney's CBD and a ferry ride to the woman's home in the eastern suburbs.
Initially, police brought four charges against Gunathilaka, leading to his arrest at the Hyatt Regency shortly before the Sri Lankan cricket team's departure from the country. However, prosecutors later dropped three of those charges.
The complainant accused the cricketer of various acts of aggression and violence, but these acts were not presented as offences in court. Nonetheless, the woman maintained that the sexual encounter was non-consensual.
Throughout the trial, Gunathilaka consistently asserted his innocence, pleading not guilty to one count of sexual intercourse without consent related to the alleged 'stealthing' incident. Defence lawyers challenged the credibility of the complainant, pointing out inconsistencies in her account of events and suggesting an attempt to portray Gunathilaka as aggressive.
The trial also involved testimonies from the woman's friends, who described her as fragile and distraught following Gunathilaka's visit to her home. Police officers involved in the case faced scrutiny for their handling of the investigation, including concerns about omitted details, discarded notes, and potential witness contamination.
Judge Huggett expressed serious reservations about the conduct of police in prosecuting Gunathilaka, describing it as "very concerning" and "far from satisfactory."
While Gunathilaka had been on bail during the trial, he was unable to participate in international cricket or return to his hometown of Colombo.
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