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TRANSCRIPT
For almost a year, Sri Lankan cricketer Danushka Gunathilaka has been forced to remain in Australia. The 32-year-old was charged with sexual intercourse without consent last November, after going home with a woman he met online. But today at a Sydney court, he has been cleared of the charges and can return to Sri Lanka.
Mr Gunathilaka says he feels his life has been put on hold while awaiting the verdict.
“Everyone believed me, so that means a lot to me. End of the day, judge says who lies, who not. So the verdict says everything as I said before. So, I'm happy that my life is normal again. So, I can't wait to go back and play cricket.”
Mr Gunathilaka was arrested in November while in Australia for the T-20 World Cup.
After chatting with a woman online for several days, he met her for drinks near the Opera House before returning with her to her home in the eastern suburbs.
The 29-year-old woman accused Mr Gunathilaka of "stealthing" - the act of secretly removing a condom during intercourse - an offense which is now prosecuted the same as a rape allegation.
In finding Mr Gunathilaka NOT guilty, Judge Sarah Huggett said the woman's claims weren't adequately substantiated.
“The genesis of the complainants complaint, regarding stealthing, is deeply concerning. I find that the evidence regarding the complaint far from supports the complainant. Rather, it undermines the reliability of her evidence.”
Ms Huggett heard four days of evidence at Downing Centre District Court, ultimately concluding there was "no opportunity" for Mr Gunathilaka to have removed a condom.
“The complainant told Ms Lee she did not know whether the accused took the condom off during penile vaginal intercourse. And that was because she did not know. The evidence establishes that there was no opportunity for the accused to remove the condom during intercourse because that intercourse was continuous.”
In the complainant's initial reports to police, she didn't mention the act of stealthing, an apparent inconsistency seized on by Mr Gunathilaka's defense team.
Judge Huggett was also critical of how police handled the case, describing their behaviour as 'far from satisfactory' and 'very concerning' in reference to poor note taking on scraps of paper which were later thrown out.
Speaking to reporters outside the court, Mr Gunathilaka thanked his lawyers and family, saying the last 11 months have been difficult.
“ So difficult, so difficult. No doubt about that. Being here without my parents with these allegations. What has this done to your reputation my reputation we'll get back now got everybody say who lied so I don't have to say much.”
Mr Gunathilaka is now seeking compensation for his legal expenses.
