header logo
Mogo Academy
Latest
Police ‘unreasonable’ to charge Danushka with stealthing, costs to be awarded: Australian court
Nov 24, 202310:21 AM
Police ‘unreasonable’ to charge Danushka with stealthing, costs to be awarded: Australian court
Mobitel Inner

Police who prosecuted a Sri Lankan cricket star later cleared of sexually assaulting a woman at her Sydney home acted “unreasonably”, an Australian court has been told.

 

Danushka Gunathilaka, 32, was finally allowed to leave Australia after about 10 months on bail after he was acquitted following a judge-alone trial in September.

 

Police had alleged Mr Gunathilaka had removed a condom without consent, also known as “stealthing”, during a sexual encounter with a woman he met on Tinder.

 

Judge Sarah Huggett, who also presided over the trial, said during a costs hearing on Friday that she had “significant concerns” about the prosecution’s case.

 

“I’m firmly of the opinion that if the prosecution had – before the proceedings were instituted – been in possession of evidence and all the relevant facts, it would not have been reasonable to institute the proceedings,” she said.

 

The top-order T20 batter was arrested and charged with four counts of sexual assault in November 2022 after the woman reported the matter to Bondi police.

 

The court was told the woman had told Mr Gunathilaka that she would only agree to sex if he wore a condom, which he “grumbled” about but ultimately agreed to.

 

Notes from the woman’s first police interview indicate she told officers the condom was taken off “against her will”, allegations Mr Gunathilaka denied.

 

During that interview, Justice Huggett said the woman failed to include “critical” evidence she later provided to police in a statement some six months later.

 

Ultimately, police only proceeded to trial on a single charge, that of stealthing, with charges relating to the roughness of the sex being dropped.

 

“The deficiencies in the prosecution case of stealthing, remembering that the prosecution case was not one of rough or aggressive sexual intercourse, were apparent,” Justice Huggett said.

 

“They were not the result of the factual findings made at trial … Nor were the deficiencies related simply to the credibility of the complainant (the woman).

 

“There were so many inherent issues and difficulties with the prosecution case that should have been obvious to the prosecution at the outset.”

 

Justice Huggett ordered that a certificate be issued to Mr Gunathilaka so that he may be awarded costs. It’s understood he has since returned home.

 

Police had submitted that in deciding to prosecute Mr Gunathilaka they could not have predicted what “factual findings would be made at trial”.

 


Source: The Australian

 

 

 

MostRead
Mobitel Upahara
VideoStories
Farmers struggle continues as paddy prices plummet; PMB buys over 1 million kg of ‘Yala’ paddy

Farmers struggle continues as paddy prices plummet; PMB buys over 1 million kg of ‘Yala’ paddy

“Final salute to a dedicated officer ”Former IGP Wickramaratne laid to rest with full police honours

“Final salute to a dedicated officer ”Former IGP Wickramaratne laid to rest with full police honours

 Dengue situation worsening in Sri Lanka; Caseload surpasses 76,000 with 162 MOH areas at high risk

Dengue situation worsening in Sri Lanka; Caseload surpasses 76,000 with 162 MOH areas at high risk

 12 years at the heart of every breaking story Ada Derana News Channel marks another milestone

12 years at the heart of every breaking story Ada Derana News Channel marks another milestone

“Sri Lanka reclassified as Upper-Middle Income economy” What are the benefits for the people?

“Sri Lanka reclassified as Upper-Middle Income economy” What are the benefits for the people?

Former Presidents, politicians pay last respects to ex-Police Chief; Final rites tomorrow in Borella

Former Presidents, politicians pay last respects to ex-Police Chief; Final rites tomorrow in Borella

Women account for most dengue fatalities in 2026; PHIs take legal action against 10,000 individuals

Women account for most dengue fatalities in 2026; PHIs take legal action against 10,000 individuals

“Many have lost faith and trust in God” Cardinal says modern society prefers football over religion

“Many have lost faith and trust in God” Cardinal says modern society prefers football over religion

Govt has belittled and ridiculed country's farmers - MP Dilith Jayaweera

Govt has belittled and ridiculed country's farmers - MP Dilith Jayaweera

Who supplied fake QR stickers found on liquor bottles? MP Harsha de Silva questions

Who supplied fake QR stickers found on liquor bottles? MP Harsha de Silva questions

Farmers raise concerns over unopened govt paddy warehouses

Farmers raise concerns over unopened govt paddy warehouses

Over 1,500 fatalities reported from road accidents so far this year - Sri Lanka Police

Over 1,500 fatalities reported from road accidents so far this year - Sri Lanka Police

Former IGP C.D. Wickramaratne found dead in suspected suicide at Malabe residence

Former IGP C.D. Wickramaratne found dead in suspected suicide at Malabe residence

Appeal Courts postpones further hearing of Suresh Sallay’s writ petition to July 21

Appeal Courts postpones further hearing of Suresh Sallay’s writ petition to July 21

“Democracy must be defended from elected leaders” - Former BASL President

“Democracy must be defended from elected leaders” - Former BASL President

Lassana Flora