Sri Lankan international cricketer Danushka Gunathilaka has been found not guilty of sexual assault by a Sydney judge who said the evidence established there was “no opportunity” for him to have removed a condom during sex, and that he was truthful in his police interview.
The 32-year-old batsman was accused of “stealthing” during sex with a 29-year-old woman without her knowledge in her eastern suburbs home on November 2, 2022. He pleaded not guilty to sexual intercourse without consent and faced a four-day trial before Judge Sarah Huggett in Downing Centre District Court
Delivering a verdict of not guilty on Thursday, the judge said: “The evidence establishes that there was no opportunity for the accused to remove the condom ... because that intercourse was continuous.”
The trial heard Gunathilaka, also known as Danny, and the woman matched on Tinder on October 29 and talked over Instagram and WhatsApp, including via video calls.
They met for drinks at the Opera Bar followed by dinner at Frankie’s Pizza and then caught a ferry to the complainant’s home, where Gunathilaka recorded her playing guitar and singing.
“The mood as captured by those videos seemed relaxed, happy and playful,” the judge said.
She said the complainant came across as intelligent and not as a witness “motivated by a desire to give deliberately false evidence”, but there were occasions when she formed the impression the woman appeared “motivated to paint the accused in an unfavourable light”.
The woman, who testified over two days, alleged Gunathilaka kissed her forcefully and slapped her buttocks on the ferry to her house, and “ambushed” her by pushing her back on the lounge. She accepted under cross-examination she had said “let’s go to my room” and lit candles “to create a mood”.
The woman claimed Gunathilaka choked her at least three times and slapped her buttocks during forceful intercourse in her bedroom for 10 to 15 minutes.
She said she noticed a condom on her bedroom floor within three to five seconds of the sex ending. The woman alleged Gunathilaka threw it there, but did not see him do it.
Crown prosecutor Gabrielle Steedman submitted the sexual episode “turned out very differently to what she [the woman] expected or wanted” and his behaviour was “entirely consistent with someone who would, in that state of mind, remove his condom, despite her clear wishes to the contrary”.
Gunathilaka’s barrister Murugan Thangaraj, SC, said there was “no window” for Gunathilaka to have removed the condom during sex, and the woman had described it as “continuous sexual activity”.
“That ends it. The Crown cannot prove its case at all, let alone to the requisite standard, with that evidence,” Thangaraj said.
Gunathilaka was arrested in the early hours of November 6 in the Hyatt Regency Hotel as the Sri Lanka team left for the airport. He let police search his hotel room, where they found a Burberry satchel bag containing two wrapped condoms.
“That he would wear a condom on occasion is supported by the fact that two unused condoms were located in his property,” the judge said.
Gunathilaka participated in a two-and-a-half hour recorded interview. Asked by police “At any point, did you put your penis into her without a condom on?” Gunathilaka replied, “No, no, no.”
He admitted he had told the woman he did not like to have sex with a condom, and she was the one who got a packet out.
“I never said ‘I want to do it without condoms’, and we did it with condoms,” Gunathilaka said.
The judge said Gunathilaka “answered every question asked of him in the interview, and I formed the distinct impression he was doing his best to be truthful and assist the police”
“There is no reason at all to reject or disbelieve what he said in that interview,” Huggett said.
The court heard the woman had cried while telling friends Gunathilaka “turned into an animal” and “something really terrible happened”. Regarding the condom, she told them “I don’t know if he took it off” and “I’m not sure, I just have a feeling”.
The judge said: “In my view, the complaint evidence undermines rather than supports the complainant.”
Thangaraj said the woman was “demonstrably unreliable” and CCTV from the ferry and wharf showed the pair kissing and hugging, which did not match her narrative that his client was forceful and aggressive.
Gunathilaka was suspended from cricket following his arrest. He made his international debut in 2015 and has represented Sri Lanka in more than 100 matches including eight Tests. He travelled to Australia for the T20 World Cup but was ruled out with a hamstring tear after playing one match.
He was granted a judge-alone trial due in part to pre-trial media interest. The proceedings were expedited by consent after the court heard he financially supported his parents with his earnings.(The Sydney Morning Herald)
Comments - 67
Mokan Thursday, 28 September 2023 08:16 AM
Independent
Punchi Thursday, 28 September 2023 08:28 AM
When our hero arrives back we must welcome him with garlands and adulation. He has created great publicity for our men folk. We may see a spurt in our women inbound tourism numbets
malli Thursday, 28 September 2023 08:30 AM
He is eligible for selection now. Pls include him the squad for World Cups he is on fire can transform his energy to get runs now.... #Dannyforworldcup
Ama Thursday, 28 September 2023 08:36 AM
Glad to hear OUR COUNTRY NAME IS NOT DESTROYED.
However, DG has to improve a lot in his behaviour.
Harris Thursday, 28 September 2023 08:42 AM
This is the difference between a female Western Judge and a female Asian Judge.
In a rape case , an Asian female Judge , would have never allowed him free , she would definitely have convicted him.
Hadira Thursday, 28 September 2023 08:43 AM
Reading through the whole episode in a court room by cross examination of both parties is very transparent and very interesting .
Terrence K Thursday, 28 September 2023 08:48 AM
Danushka at least this is a lesson you have learnt and had a narrow shave since like the BROWN HEADED BARBET ( POLOS KOTTURUWA )DO NOT GO AND PECK AT EVERY TREEE BECAUSE THE DAY YOU PECK THE PLAINTAIN TREE YOU HAVE TO FACE CONSEQUENCES AND BE CONTENTED WITH ONE TREE!!!!!!!!!!!
DeSilva Thursday, 28 September 2023 08:54 AM
Rape is a very despicable offence, the minority of women who lie of being rape victims , actually doing harm to women who actually get raped .This minority of women should face charges in court.
Jayampathi Thursday, 28 September 2023 08:59 AM
It has destroyed his professional future. Better put a case claming damages.
Tissa Fernando Thursday, 28 September 2023 09:00 AM
What a drama and I followed the case closely and knew from the beginning that there was no way he could be convicted for rape or whatever else defined as stealthing. Now he has been cleared in Australia and his lawyer has done a good job in bringing out the real circumstances. Now what will happen in Sri Lanka, definitely he will be willified by our people under moral grounds as if they are very holy.
Peter Sinnaman Thursday, 28 September 2023 09:00 AM
Now he can lead the SL Cricket Board and appoint as the Minister of Sports of SL!
Our national hero Thursday, 28 September 2023 09:01 AM
Here comes a hero who has successfully conquered the Australian legal system and made our country very very proud in the eyes of world spectators. He can claim his logical place now in our national team. He is nothing but disgrace, even to his parents whom he dragged seeking sympathy from the judge.
No one is a saint Thursday, 28 September 2023 01:19 PM
Its totally not a disgrace. Its just an inclination of the basic natural law.
Kps Thursday, 28 September 2023 09:02 AM
Wow! Justice prevail! Best wishes for our Son of a nation.
L Jaya Thursday, 28 September 2023 09:07 AM
Good outcome, he also should learn lessons from this nearly one year saga.
D P P Prasad Thursday, 28 September 2023 09:08 AM
We are very happy to hear that Danuska has been acquitted of the sexual charges being levelled by the Australian woman. However this is a very good lesson to the other star cricketers
Ranjit Senanayake Thursday, 28 September 2023 09:13 AM
ok,now that you are out,it is up to you to change into a no risk life style.
you have tempted fate,and escaped.learn your lesson well as the one above has given you a repreive.Happy that you made it.
Ram Thursday, 28 September 2023 09:22 AM
Whether he used or removed the condom is not the issue. This man brought our cricketers and the country into disrepute. He must be charged at home for violating the player rules and going out in the night
For my Luck Thursday, 28 September 2023 01:56 PM
Haha!! what about the ones who went surreptitiously, and got lucky with their dating?
Karu Thursday, 28 September 2023 09:31 AM
How can he get back his damaged reputation?. Never. If you're visiting a country, you must be careful of the people you're dealing with. White people are scary by nature
Geoff Thursday, 28 September 2023 03:46 PM
Black people killing each other is even more scary
Ganesh Thursday, 28 September 2023 09:41 AM
Now it’s time to put this ugly episode behind and shine. Forget what the world has to say about you. No one has the right to judge cos they haven’t walked in your shoes. Kudos to an impartial judiciary.
Jude Thursday, 28 September 2023 09:42 AM
Hello, I told you few days back on September 28th the judge gonna exoerate Danushka from all charges!! The complainant had ulterior motives!!
AIA Thursday, 28 September 2023 09:42 AM
A classic case of blessing in disguise. Had a great time for nearly an year in Australia at SLC expense and also found a woman for himself.
DHA Thursday, 28 September 2023 09:55 AM
From the beginning the case seemed like the girl was sent by someone to frame Danuska... anyhow finally a fair decision was delivered....I hope Danuska learned his lessons
Joshua Thursday, 28 September 2023 09:58 AM
Great. Hope he has learnt his lesson the hard way
Willow Drive Thursday, 28 September 2023 10:00 AM
Compensation for Dany ?????
Don Thursday, 28 September 2023 10:01 AM
This kind of legal cases are very difficult to prove guilty without any doubts. This is a good lesson for all sportsmen representing country to separate personal affairs with official duties. Then behave like humans. Respect others and their values, views and concerns. One cannot escape from own consciousness.
Kapila Fernando Thursday, 28 September 2023 10:01 AM
God knows what really happend and Danuskha will have to answer to God one day.
satha Thursday, 28 September 2023 10:11 AM
Next time be safe
DJ Thursday, 28 September 2023 10:20 AM
Now he will be named as Ambassador to Australia.
Aussie Thursday, 28 September 2023 10:25 AM
Reply to Karu: I will come and get you ;-) And yes, don't worry, Sri Lankas reputation is down the drain here.
Nimal Thursday, 28 September 2023 10:37 AM
This verdict stands to the eternal credit of Australia's judiciary. Our country is far behind it.
ceylonese Thursday, 28 September 2023 11:52 AM
Aussie women use bus stand as protection, having said that Danny must be fined by the SLC for violating the rules.
Rape Thursday, 28 September 2023 11:54 AM
Won't there be an Appeal by the girl to a higher Court
against the verdict ?
CHAMS Thursday, 28 September 2023 12:02 PM
NEW KID IN THE BLOCK FOR CRICKET BOARD AND POLITICS
Dravid Bakmeena Thursday, 28 September 2023 12:09 PM
This is a very fair judgement. While this kind of thing shouldn't have taken place while on official tour representing your country, but everyone could understand that it was a mutually agreed meeting rather than a rape or forceful entry etc. Happy for DG but he certainly must understand representing the country certain rules to be followed. Happy that a white female judge has taken a fair decision as opposed to any usually developing country a female judge would have always taken the so called victims side.
Rasa thiyagan Thursday, 28 September 2023 12:35 PM
Finally Tamil lawyer from India Tamil Nadu
Win this case
To wimal weerawnsa and mervin Silva
Rasa from Sydney
Sri Lankan Hero. Thursday, 28 September 2023 12:36 PM
Diana might organise a Welcome Ceremony at the Airport on Dhanuska's return.
Ron hardy Thursday, 28 September 2023 12:36 PM
This is a good lesions for all sports inviduls that represent the country you should never get involved in partying and any kind sexual behavior you should do things accordingly without jeopardizing the future of sports and the country you represent be professional respect the bread and butter you earn...
Bodi Pujas Thursday, 28 September 2023 12:54 PM
I'm happy at least his poor mother's Bodi Pujas have worked this time. Let's see a better man in future.
Vivil rodrigo Thursday, 28 September 2023 01:13 PM
I always said don’t hang the man before we know the whole story from both sides I am happy for him the truth is out
Gaston Thursday, 28 September 2023 01:21 PM
If this happened in our country, the verdict would have come out in 15 years
Nam Bangisan Thursday, 28 September 2023 01:25 PM
I am sure that he will be given a chance to contest by RW under Wal Aliya! We need such people for SL Kabinet! Good decision makers - myna and Gon Putha may take him for his group!
ANNECUNT Thursday, 28 September 2023 01:32 PM
NOW IT IS YOUR DUTY TO FIND OUT WHO STOLE OUR MONEY AND PUT 22 MILLION PEOPLE IN TO HUNGER BECAUSE SRI-LANKAN GOVERNMENT AND CRICKET BOARD SUPPORTED YOU
GERIATRIC CITIZEN Thursday, 28 September 2023 01:39 PM
Kamesu Michcha Chaara Veramanie...
ANURA NANAYAKKARA Thursday, 28 September 2023 02:34 PM
IT IS A GREAT NEWS TO COME TO KNOW THAT DHANUSHKA BEEN CLEARED OF THE ALLEGATIONS . THIS WAS A VERY COMPLICATED CASE WHERE DHANUSHKA WAS JUDGED ACCORDING TO AUSTRALIAN LEGAL SYSTEM. NOW DHANUSHKA MUST REBUILD HIS REPUTATION AND THINK OF CONTRIBUTING TO CRICKET . LEAVE HIM ALONE AND LET HIM CONCENTRATE ON HIS CRICKET.
Lalith Thursday, 28 September 2023 02:37 PM
The best part of the news is at the end. "He travelled to Australia for the T20 World Cup but was ruled out with a hamstring tear after playing one match. "
SO it doesn't matter whether he is released from law. But if it was a ( real !)hamstring injury, should he have gone out meeting women and performed intercourse without any demonstrable pain or disability?? So the real case for SL cricket fans is
1. who ruled it as a hamstring injury"?
2. did he have any intention to play cricket during the tour? (we saw how many messages he has sent the lady through the phone)
3. isnt there anyone responsible in the team to look after a player during a tour ? even if he is not fit to play he represent a country. So this is a undeniable black mark to our cricket team and he should be banned from SL side indefinitely.
saman Thursday, 28 September 2023 03:42 PM
Australian judge deceived by fake tears of Gunathilaka!
True Lankan Thursday, 28 September 2023 05:26 PM
@Lalith : The best part of your comment at end "He should be banned from SL side" which never going to happen, he will be in the world cup series, this is Sri Lanka expect the unexpected.
Solicitor Thursday, 28 September 2023 06:02 PM
Excellent lawyer who defended him.
Dee Thursday, 28 September 2023 07:44 PM
This is a good lesson for all those who get hooked on by such apps. They will do anything to get some extra cash. Start by fancy talk then act all Lovey dovey, invite to apartment, love all over - then file a soppy case claiming a big sum depending on the guy!
Women rights groups! Over to you……
Disgustedman Thursday, 28 September 2023 11:51 PM
Political Verdict, under the US pressure. The guy is notorious and a disgrace to Sri Lanka. The Aussie Justice System proved politically operated BODY, deserves not as an independent Judiciary service.
Labby Friday, 29 September 2023 01:24 AM
Irrespective of the outcome of the case this man has disgraced Sri Lanka Cricket. Once back in Sri Lanka if he is pardoned by SLC it will only lead to an unnecessary precedent for other players on future tours.
Andrew Silva Friday, 29 September 2023 05:09 AM
Not guilty verdict. Australian fair justice. Avoid this kind of sex Danushka. Get married. We are sorry your freedom was curtailed for so long.
Dulanjoli Premadosa Friday, 29 September 2023 05:15 AM
Danushka had forgotten to take size s rubbers from SL. Only m upwards available in Aussie. Genuine mistake the rubber slipped off. Happens to Sajith all the time.
Citizen Friday, 29 September 2023 05:28 AM
history for Danny and SL.
This will be taken as a case study for all law students around the globe..
Thank you Danny for showcasing your talent in such a beautiful style
Lesson to learn Friday, 29 September 2023 06:21 AM
Danushka, may this be a lesson. Here after you better wear a condom all the time, no matter where you go. Even better to wear one to stay at home. Always condom prior to the underwear. You will be safe , boy... cheers for the future
Samanmalee Friday, 29 September 2023 06:47 AM
Could be the highest amount spent by any government institution for taking the services of a prostitute. Poor us.
Rishan Friday, 29 September 2023 07:15 AM
This is not a victory for him and this will not be his last time unless he changes his " pora attitude" ...
Sambo Friday, 29 September 2023 07:49 AM
What ever said he has left a unforgettable black mark on the country.
CitizenP Friday, 29 September 2023 08:34 AM
This shows that Australia has unbiased, independent judiciary system.
Fred Friday, 29 September 2023 08:48 AM
Always bad publicity.When will Sri Lankans grow up?.Will he get a heroes welcome when he returns.And then we go back there asking for aid and other forms of assistance or migrate..Where are the good guys? Do we have any or have they all left
Upulwan Friday, 29 September 2023 09:22 AM
@Lalith - Your comment is spot on! This man should be banned from representing Sri Lanka as his appearance again can only do more harm than good to our team and SLC by way of further negative image as well as infecting indiscipline to junior players. But sadly, as @ True Lankan correctly pointed out, this is Sri Lanka. Dignity, Righteousness and Discipline doesn`t exist here.
Gamini Friday, 29 September 2023 10:24 AM
In addition to the unbiased and fare Australian judiciary, all SL's must also the brilliant Tamil lawyer.
I don't know if he is from Jaffna or Chennai, but saved a Sinhalese life
Tissa Fernando Friday, 29 September 2023 05:33 PM
Lawyers ethnicity is not important, what is important is that he was competent and brilliant. Danny has got sone Aussie accent after being there for sone time. He appears to have found another white girl from there. Looks like she is standing by him.
Love me Tinder Saturday, 30 September 2023 04:33 PM
DG is singing "Love me Tinder, love me true"
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