Danushka Gunathilaka’s sexual-assault case update: three of four charges dropped by the prosecutor
Sri Lankan cricketer Danushka Gunathilaka has dropped three of four sexual-assault charges by the public prosecutor in his ongoing case in Sydney.
Gunathilaka was arrested in Sydney in early November last year while he was part of the Sri Lankan squad for the T20 World Cup. He had since been released on bail and his bail conditions are relaxed.
The case followed many delays during this time period with Gunathilaka required to stay in Australia unless and until the legal process in followed. The prosecution applied for an adjournment last month which took the hearing beyond the six-month requirement for charge certification.
However, Gunathilaka’s lawyer Alen Sahinovic opposed this delay with an argument saying that his client was being subjected to undue hardships as a foreign citizen with a limited family and social support.
Gunathilaka played just one game at the T20 World Cup 2022 against Zimbabwe before being ruled out with a hamstring injury. Sri Lanka bowed out of the tournament in the group stages itself finishing fourth in the group with just two wins.
The 32-year-old was arrested on November 6 at Sydney’s Hyatt Regency Hotel, just before he was scheduled to leave the country with the rest of the team. The batsman had surrendered his passport and was ordered not to approach any international departure point after being released on a $200,000 surety by Downing Centre court.
“Prosecutor Hugh Buddin, for the Director of Public Prosecutions, told the court one charge had been certified but the remaining three counts of sexual intercourse without consent had been withdrawn,” the Sydney Morning Herald reported.
Gunathilaka allegedly restricted the woman’s breathing for six seconds, before she “tried to remove the accused’s hand by grabbing his wrist, but the accused squeezed tighter around her neck for a further 10 seconds”.
The woman “was fearing for her life and could not get away from the accused,” according to the police facts sheet.
Gunathilaka is due back in court on July 13 to enter a plea.
The police fact sheet that was submitted along with the original charges stated that the women whom Gunathilaka met through a dating app Tinder, had “feared for her life” during their encounter.
After having a meet-up in a Sydney bar, the pair made their way to the woman’s home in the eastern suburbs, where the incident of alleged sexual assault happened.
The charges put-on by the women were; non-consensual choking, digital penetration and “stealthing” – sex without a condom without the consent of the compliant – which is a criminal act under New South Wales law.
Sri Lankan cricket, on the other hand, have not been seen supporting Gunathilaka but has offered him significant assistance including payment for some of his legal costs, though the board has also mentioned that they were expecting the money to be recovered.
Gunathilaka’s cricket career has been suspended since his arrest.