A Sri Lankan cricketer accused of sexually assaulting a lady he met on Tinder is now allowed to make use of WhatsApp after he had his bail variations relaxed.
Danushka Gunathilaka confronted Sydney’s Downing Centre Local Court on Thursday carrying a gray swimsuit as he faces 4 costs of sexual activity with out consent, referring to an incident on November 2 final yr.
Defence barrister Emma Sullivan made an utility to differ two circumstances on the 31-year-old’s bail.
The first situation was permitting Mr Gunathilaka to make use of WhatsApp, which was not consented to and granted by Magistrate Jennifer Atkinson.
The court docket heard the app just isn’t for use to facilitate or organize relationship. He continues to be not allowed to make use of any relationship apps or social media.
Ms Sullivan requested the court docket to take away the in a single day curfew and enforcement circumstances after police attended Mr Gunathilaka’s dwelling at 2am.
DPP solicitor George Rixon opposed the variation, telling the court docket it must be in place to “mitigate the risks” for additional offences.
“The accused’s aggressive sexual behaviour is of concern,” he mentioned.
Mr Rixon argued there are “likely to be more opportunities” for a similar sort of alleged offending to happen at evening.
“The crown submission is it is more frequent at that time of the day,” he mentioned.
Magistrate Atkinson mentioned there was “nothing unique” concerning the alleged offending, which might occur at any time of day.
She mentioned maintaining Mr Gunathilaka on the curfew would now not mitigate the dangers as he has proven compliance since being on bail.
“The reality is he has to reside at home, if he risks staying somewhere else, it’s going to be more apparent to people than a member of the public who doesn’t have a profile,” she mentioned.
Mr Rixon mentioned he disagreed with the Justice of the Peace, saying Mr Gunathilaka was “not necessarily immediately identifiable in the community”.
Ms Sullivan mentioned she “did not accept” what Mr Rixon mentioned about her shopper not being well-known.
“There’s been media following these proceedings … he’s internationally known,” she instructed the court docket.
The Justice of the Peace instructed the court docket everybody must be given the identical remedy, whether or not they’re high-profile or not.
She mentioned Mr Gunathilaka has now had the good thing about the passage of time and agreed to differ bail to take away the curfew.
“He has been compliant over a period of time in relation to very strict bail conditions,” Ms Atkinson mentioned.
“I am satisfied today the curfew can be removed.”
She straight instructed the cricketer he must proceed being compliant together with his bail circumstances.
Police allege Mr Gunathilaka matched with a lady on a relationship app whereas he was in Sydney for the T20 World Cup final yr, chatting on-line earlier than assembly on November 2.
They had drinks within the metropolis earlier than going again to the girl’s dwelling in Sydney’s japanese suburbs about 11pm, in line with police.
Mr Gunathilaka allegedly ignored the girl’s request to “take it slow” and as a substitute choked and assaulted the 29-year-old girl in her own residence, in line with a truth sheet tendered by police at a earlier listening to.
The batsman allegedly pressured himself on high of the girl when the pair moved to the bed room. Police declare the girl was uncomfortable and agreed to proceed with sexual exercise provided that Mr Gunathilaka wore a condom.
“He protested but eventually agreed,” police allege within the court docket paperwork.
The girl instructed police she later discovered the condom on the ground beside the mattress.
Police allege the girl was “in shock” and didn’t consent to intercourse with out a condom. She once more requested him to make use of a condom however he refused and as a substitute forcefully engaged in sexual exercise, in line with police claims.
During the a number of hours he remained on the girl’s dwelling, Mr Gunathilaka allegedly choked the girl a number of occasions and slapped her on the buttocks.
Police allege the girl was “frozen and in shock” earlier than the worldwide cricketer requested her to order an Uber for him. He left her dwelling simply earlier than 1am.
The alleged sufferer instructed police she was sore and swollen and unable to work the subsequent day as a result of she “couldn’t stop crying”.
Mr Gunathilaka has not entered pleas to the 4 costs of sexual activity with out consent.
The court docket heard a quick of proof has been served on Mr Gunathilaka’s authorized crew, with the matter to return to court docket in April.
He was granted go away to maneuver right into a one-bedroom residence in Sydney’s interior west earlier than Christmas final yr.
He beforehand surrendered his passport and has been ordered to not strategy any worldwide departure level as a provision of his bail.
The Sri Lankan nationwide was ordered to report back to police on daily basis and abide by a nightly curfew.
Mr Gunathilaka’s bail was backed by a $150,000 surety supplied by a “friend of a friend” and an additional $50,000 supplied by the cricketer.
Source: www.news.com.au
