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Danushka Gunathilaka granted bail on sexual assault charges

17 November 2022 09:50 am - 43     - {{hitsCtrl.values.hits}}

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  • Bail conditions include a $150,000 surety, reporting to police daily, a curfew from 9pm and 6am, not contacting the complainant and a ban on accessing Tinder and dating applications.

Sri Lankan international cricketer Danushka Gunathilaka has been granted bail on sexual assault charges after a court heard he had the support of the Sri Lankan cricket association and government and a surety of $150,000 was offered.

 

 

The 31-year-old was arrested in the early hours of November 6 at the Hyatt Regency hotel on Sussex Street before his team flew home without him following their Twenty20 World Cup loss to England.

He has been charged with four counts of sexual intercourse without consent after allegedly sexually assaulting a 29-year-old woman in Sydney’s eastern suburbs on November 2, days after they matched on Tinder. No pleas have been entered.

Gunathilaka had spent 11 nights in custody after he was refused bail in Downing Centre Local Court on November 7. His lawyers have made a bail application in the NSW Supreme Court, which was listed to be heard on December 8.

However, the matter reappeared in the Local Court list on Thursday, when defence barrister Murugan Thangaraj, SC, applied for Gunathilaka’s release.

The parties told the court there was no issue arising related to section 74 of the Bail Act, which prohibits additional applications being made to the same court after bail is refused “unless there are grounds for a further release application”.

Police prosecutor Sergeant Kerry-Ann McKinnon said they accepted the material before the court, including new proposed bail conditions, allowed the applicant to make a secondary application.

Gunathilaka appeared via video link from Parklea Correctional Centre in prison-issued green tracksuit and wearing socks and thongs.

Police had argued there were two unacceptable risks: that the accused would fail to appear and that he would endanger the safety of the complainant.

McKinnon said the woman was being “harassed by unknown people with Sri Lankan names through her social media” and had to shut it down.

She argued Gunathilaka would also remember the complainant’s address.

Thangaraj submitted that his client was “being supported by a Sri Lankan cricket association and [the] Sri Lankan government”.

“If he breaches his bail, of course his career would be over,” he said.

The court heard Gunathilaka, who has no criminal record, would be unlikely to face trial until 2024.

Thangaraj said if Gunathilaka was an Australian citizen, “of course he would be on bail in these circumstances”.

He said his client had agreed to a police interview, “denied any form of violence” and “denied that there was a lack of consent”

“We know, on the complainant’s own case, there was consensual oral sex and consensual vaginal intercourse prior to any problem arising on her version,” Thangaraj said. “It is not a strong prosecution case.”

He said the “social media matters” had occurred after the arrest and Gunathilaka had not motivated or encouraged the reported behaviour.

“Because they have found the social media of the complainant, why should that be held against him?” he said. “It’s totally irrelevant in respect of bail.”

Magistrate Janet Wahlquist granted bail on conditions including a $150,000 surety, reporting to police daily, a curfew from 9pm and 6am, not contacting the complainant and a ban on accessing Tinder and dating applications.

Police say Gunathilaka accompanied the 29-year-old woman to her home, where he allegedly “manoeuvred himself on top of her”, kissing and touching her.

“The complainant asked the accused to please take it slow,” the police facts state.

“A conversation ensued where the complainant only agreed to continued sexual activity if the accused wore a condom.”

Police allege “the accused protested but eventually agreed”.

Gunathilaka is accused of repeatedly choking the woman, leaving her “fearing for her life”. She also allegedly noticed a condom on the floor.

“The complainant was clear that she did not consent to engaging in sexual intercourse without a condom. Further, the complainant did not consent to sexual intercourse that involved choking.”

Gunathilaka’s second charge relates to the alleged aggressive digital penetration of the woman’s vagina, while the third and fourth charges are allegations that he had put his penis in her mouth.

The police facts state Gunathilaka lives in Sri Lanka with his parents, has “no ties to the Sydney or Australian community” and that “investigators believe he is a flight risk”.

Sri Lanka Cricket has suspended the allrounder from all forms of the game. He had stayed with the squad in Australia for the T20 World Cup despite a hamstring injury.

The case returns to court on January 12.

(Sydney Morning Herald)

 

 


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  Comments - 43

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  • johan Thursday, 17 November 2022 10:04 AM

    The SLRC should not allow players who are recommended by corrupt politicians.Because of their political background they take advantage of it and do all sort stupid activities and bring black mark to the country.

    Prasath Thursday, 17 November 2022 10:08 AM

    The articles says that he has the backing of sl cricket and sl government. Bankrupt state is furnishing 150,000 aud suriety for bail. How much did the govt allocate in this budget for NCPA (national child protection authority) ??

    sokrates Thursday, 17 November 2022 10:14 AM

    Gunathilaka is innocent!

    DW Thursday, 17 November 2022 10:21 AM

    If the complainant asked him to take it slow and agreed to have sex then how could that be classified as rape? Everyone is deliberately trying to make this a big issue. Great for the media business.

    BuffaloaCitizen Thursday, 17 November 2022 11:59 AM

    The Complainant did not agree to sex. The perpetrator forced himself on her. She had given in due to situation. Conversations such as "take it slow" and "refusing to wear a condom" are operational requests where the perpetrator was clearly forcing and going out of control.

    Perera Thursday, 17 November 2022 03:15 PM

    Allegation is about having sex without consent, and it doesn't matter whether it was slow or fast

    Perera Thursday, 17 November 2022 03:15 PM

    Allegation is about having sex without consent, and it doesn't matter whether it was slow or fast

    DW Thursday, 17 November 2022 10:23 AM

    Too much excitement at the beginning of sex is definitely a turn-off for a western woman unless the woman is also fully turned on from the start. Obviously, Gunathilaka doesn't have much experience with western women.

    Sunil Thursday, 17 November 2022 10:54 AM

    Support from Govt of Sri Lanka????? Are these people encouraging this man or others too?. What a shaneful govt we have.

    Mohamed Thursday, 17 November 2022 10:59 AM

    This joker should be jailed for ever,he has disgraced the country and the Cricketing world

    Rosali de Silva Thursday, 17 November 2022 04:34 PM

    Rosa- did Mohamed find him guilty to jail Dhanushka. You are a joker yourself.

    Athapathu kariawasam Thursday, 17 November 2022 11:00 AM

    Good news finally Tamil lawyer’s done bail. Where is our QC money making Lawers From srilanka ?????

    Gayantha Hemachandra Thursday, 17 November 2022 11:06 AM

    Essential medicine and food prices have sky rocketed, hospitals are having shortages of drugs , X-ray films and medical instruments and overall our people are in misery.. And our government has paid the legal fees in dollars for this untamed, indisciplined sexual predatory cricketer… Guys… what a country are you living? While you and your kids are skipping meals and feeling hungry your government is paying legal fees for a sexual predator who has allegedly rape a woman in Australia.

    Vijith Thursday, 17 November 2022 11:30 AM

    On what basis does the SL Cricket association support a rape suspect? This is disgraceful., they should have kept away from this episode.

    Dinesh withanage Thursday, 17 November 2022 12:01 PM

    Australian judiciary will seserve the justice to criminals and we should not be bothered about it . Infringing into their businesses is a kind of paving way for diplomatic row between the two countries and explicitly demonstrate lack of prudence on the part of plaintiff

    Mizaru Thursday, 17 November 2022 12:01 PM

    Send him to Afghanistan for training and rehab. The Taliban will reform him. If he misbehaves his nob will be chopped off.

    boorukangaru Thursday, 17 November 2022 12:17 PM

    Where were the white masters boot lickers who were gloating on yesterday's news report, aka Lanka putha and Meeharak citizen. Let the law takes its natural justice and do not be judgemental on any accused until proven guilty.

    Reformist Thursday, 17 November 2022 12:19 PM

    Wait, this is Australia. Justice is not only done, but seen to be done. This is the first step. Courts in this country does not work like in SL. All facts will be considered, all parties will receive a fair hearing, free from corrupt politicians and corrupt police like jokers in SL. Beliieve me, if in the end, this guy is found to be guilty, he will have no escape. No politician, police can save him. That is how things work in this country. SL jokers should learn from these systems. Will they? That will never happen.

    Ram Thursday, 17 November 2022 12:22 PM

    Sad day for SLC. The submissions made are indicative of SLC

    Justice will never prevail in this nation Thursday, 17 November 2022 12:25 PM

    Expected! Good for him, in one or two year he will be seen playing cricket again and off the ground with woman! what a country we are living in, Meanwhile thousands of starving and SLC and government paid 150k Australian Dollar for bail for a predator??? Shame on these Government, They should take this money from DG.

    DaDon Thursday, 17 November 2022 01:06 PM

    I shop watch cricket after this kind of clowns show up.... 80s 90s Cricketers didn't earned much but we loved them... Let's rotten them in Australian jails 4ever because In here no justice would served these clowns...

    Nuwan Thursday, 17 November 2022 01:20 PM

    He will become a national hero in Srilanka. No wonder they say its a land 'like no other'

    kamal Thursday, 17 November 2022 01:38 PM

    Trace the people who harass the victim via electronic media and put them in jail.

    Eper Thursday, 17 November 2022 02:25 PM

    SLC should face the situation and the law should take its course with substantiated evidence(not verbal).He represented the country

    Rohan Thursday, 17 November 2022 02:48 PM

    This is clearly a case of bias and racism for using law to the advantage of the woman complainant by the woman police prosecutor Sergeant Kerry-Ann McKinnon. We hear numerous sexual violence cases in Australian TV but never heard of any locals being in custody for so long for a one sided sexual case yet.

    blackwater Thursday, 17 November 2022 02:56 PM

    It is a shame Cricket Board is supporting a set maniac

    Nihal S Thursday, 17 November 2022 03:01 PM

    “The complainant asked the accused to please take it slow,” Fortunately for her - the cricketer is not a fast bowler.

    Namal Rajapaksa master our nation JIL puk malo vigirn hunter answer for this Thursday, 17 November 2022 03:07 PM

    This is your fellow under your sport ministry. Just answer this. Just read this artical how bad name brought to sri lanka because of you appointed while there many other good players. Just read the last para of the artical what gunatilKa did to that australia woman as you do specially to rusian women and sri lankan woman even in your office closing your office door. Just answer man

    Peter Sebastian Thursday, 17 November 2022 03:41 PM

    BullshiT!! Repeat the same for Ausi boys!! They can do anything now!!

    Punchi Thursday, 17 November 2022 04:04 PM

    Since independence during our pogroms and war etc we have become climatized to raping women. We think it is normal. We go overseas and do the same

    ranjit Thursday, 17 November 2022 05:05 PM

    RR will given a minister post or even acting PM/president post and then close the case on diplomatic immunity

    Aram Thursday, 17 November 2022 06:00 PM

    Dhanuska must stop watching pirn sites ,that is the reason he mishaved with a lady forgetting him

    Sam Thursday, 17 November 2022 08:22 PM

    Castrating him for the greater benefit of the country would be a better option!!

    TJ Thursday, 17 November 2022 09:53 PM

    Glad to note a Tamil lawyer has successfully defended a Sinhalese rape accused

    Chris Thursday, 17 November 2022 10:40 PM

    SLC is paying legal fees for cricketing criminals now? Who gave them the authority to make such a payment. Next they will make a huge payment to settle out of court? SLC one of the most corrupt organisations in the country. Why doesn't the President step in and check what is going on here.

    Goolly Thursday, 17 November 2022 10:55 PM

    SLC should rewrite its consitution. Protect abusive players and their administrators when they engage in illicit abusive activity with SLC funds.

    Mel Thursday, 17 November 2022 11:50 PM

    So you have $$$s to bailout rape suspects but no money to feed the poor in SL. What a pathetic country!

    Punchi Friday, 18 November 2022 03:00 AM

    we are now well known internationally for poverty, begging, exporting our women for sexual servitude and our men correctly as rapists. My relatives in the army bragged on the number of women their ganged raped before killing in muliyavaikal in 2009

    Doc Friday, 18 November 2022 04:05 AM

    Wow this page is full of tamil vellala racism towards rest of sri lankan lead by buffalo citizen and Socrates....disgusting dailymirror.lk..promoting racism and crude language..I will never visit this page again

    Arunoda Putha Friday, 18 November 2022 05:29 AM

    Bondige putha is guilty and must not allow anymore cricket as he committed this breaking the rules of ICC and SLC, whatever the final court decision is going to be. As the woman wanted it with a condom then she(pros.) also in the business and has consented so on and so forth. A matter to be resolved at courts on women ultra freedom and rights while on intercourse which differs from man to woman; woman to man. Biological, phycological experts may define rules to make or amend laws. If this woman love cricket and like him, they can marry if prostitution is not legalized in Australia. This case and its final verdict shape up the future of younger generation.

    Andrew Silva Friday, 18 November 2022 06:51 AM

    Looks like Danushka is not having a girl in Sri Lanka, he wants to sow his wild seeds in Australia. What a great idea. I am sure Namal likes it after all his seeds are all over the world.

    M W A I Fernando Friday, 18 November 2022 07:34 AM

    He passed the test extremely well. Now he is entitle to enter Sri Lankan Politics . Congratulations.

    R.M Friday, 18 November 2022 09:42 PM

    An accused must be considered innocent until proven guilty. The anger towards SLC and SLG is not relevant in this case.


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