Sri Lankan cricketer Gunathilaka cleared of sexual assault charge in Australia
The Hindu
Danushka Gunathilaka found not guilty of sexual assault in Sydney. Judge Sarah Huggett said evidence showed no opportunity for Gunathilaka to remove condom during intercourse. Prosecutors said he made incorrect statements during police interview, but Judge disagreed due to confusion, fatigue, language barrier & memory. Gunathilaka free to return to Sri Lanka, thanked those who helped during "sad time".
Sri Lankan international cricket player Danushka Gunathilaka was found not guilty of sexually assaulting a woman in Sydney last year when he was in Australia for the Twenty20 World Cup tournament, a court document showed on Thursday.
Australian police in November charged Gunathilaka with four counts of sexual intercourse without consent of a 29-year-old woman. It said the alleged assault occurred after the two had communicated for a number of days over a dating app.
The 32-year-old, who was suspended by Sri Lanka Cricket immediately after his arrest, had three of the four sexual assault charges he faced dropped in May. He was only charged for "stealthing", the non-consensual removal of a condom during sex.
Judge Sarah Huggett said the evidence established there was no opportunity for Gunathilaka to remove the condom because "that intercourse was continuous".
Prosecutors said Gunathilaka deliberately made incorrect statements during the police interview but the judge disagreed saying his answers were likely due to "confusion, fatigue, a language barrier and possibly memory".
"The accused 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," Judge Huggett said.
Gunathilaka had to surrender his passport during the trial but is free now to return to Sri Lanka, media reported.