There comes good news for Sri Lankan batter, Danushka Gunathilaka who has been released of sexual assault allegations after being deemed nonguilty of sexually assaulting a Tinder Date through the act of “stealhing”.
Gunathilaka’s Case Judge, Sarah Huggett acquitted the 32-year-old who was sitting at Sydney’s Drowning Center District Court on Thursday listening to the decision. He also said that he was looking forward to returning to the field after his acquittal.
“The evidence establishes that there was no opportunity for the accused to remove the condom during intercourse because that intercourse was continuous,” the judge said in handing down the verdict.
The Judge in charge found that the complainant who cannot be named appeared to be an intelligent witness who didn’t give false evidence deliberately. But the judge further added that the Woman gave the impression that she was motivated by the desire to bring the cricketer in an unfavorable light.
“My observation is that the available evidence does not strongly align with the complainant’s allegations. In fact, it raises doubts about the credibility of her testimony.”
After the conclusion of the case, Gunathilaka thanked his lawyers, parents & others who supported him during his tough times.
“I’m happy my life is normal again,” he said. “I can’t wait to go back and play cricket.”
Why was Danushka Gunathilaka acquitted of sexual assault charges?
Gunathilaka & the woman met each other on a dating app. They came close to each other & then met for drinks when the Cricketer was in Australia for the T20 World Cup 2022. The duo went for drunks at Opera Bar in November 2022 before having a pizza together in Sydney CBD. The duo then caught a ferry for the woman’s home in the eastern suburbs. Initially, Gunathilaka was acquitted for four charges out of which three charges were dropped by the Prosecutors.
In statements to the Police & court, the woman accused the batter of various acts of aggression & violence during sexual intercourse. The woman in her evidence said that the sex was non-consensual. However, Gunathilaka always maintained his innocence & pleaded nonguilty to having sexual intercourse without consent also termed an act of “stealhing”.
During the judge-alone trials, Defence Lawyers questioned the credibility of the complainant who has shifted her statement from time to time. Huggett also heard the evidence from two of the woman’s friends who described her as fragile and distraught the day after the cricketer attended her home.
The judge charged Police Officers for inefficient handling of the Gunathilaka Case
Even Police Officers were questioned about the way they handled the case which included allegations of omitting crucial details, throwing out notes, and potentially contaminating witnesses.
Judge Huggett on Thursday described the conduct of Police in prosecuting Gunathilaka as “very concerning” and “far from satisfactory”.
Notably, Gunathilaka was on bail during the trial but he was unable to play International cricket or return back to his hometown. Danushka Gunathilaka will be hopeful of playing in the ODI World Cup 2023 after being released from all charges of sexual assault.
Also read, Sri Lanka announces squad for ODI World Cup 2023
