An worldwide cricket star who allegedly raped a girl inside her residence in Sydney’s jap suburbs has revealed plans to keep away from having his case determined by a jury.
Danushka Gunathilaka pleaded not responsible to a single cost of sexual activity with out consent final month after three additional rape prices have been withdrawn by NSW Police in court docket.
The cricketer was in Sydney for the T20 World Cup when he allegedly matched with a girl on a relationship app, with the pair chatting various occasions earlier than assembly on November 2.
Police allege that after agreeing to fulfill the pair had drinks within the Sydney CBD earlier than they went again to the lady’s home in Sydney’s jap suburbs about 11pm that night.
Mr Gunathilaka is alleged by police to have ignored the lady’s request to “take it slow” as soon as on the property, and as an alternative sexually assaulted the 29-year-old girl in her own residence.
The cricketer is alleged to have choked the lady at the least thrice – with the lady’s respiratory allegedly restricted for six seconds – and engaged in “forceful” intercourse.
The girl informed police she was “too afraid to do anything” and had solely consented to sexual activity if he agreed to put on a condom, which police declare she later discovered on the ground.
The court docket was informed in June the remaining sexual assault cost associated to “stealthing”, the non-consensual removing of a condom throughout intercourse which was criminalised in June 2022.
Appearing earlier than Downing Centre District Court on Friday, lawyer Sara Black utilized for the cricketer’s arraignment to be adjourned as they ready an additional software for a judge-alone trial.
“The situation is there is an application for a judge-alone trial which will be filed in court,” Ms Black mentioned.
“The Crown is not in a position to consent to the application at this time.”
The court docket was informed the Crown prosecutor would seemingly struggle the appliance and that Mr Gunathilaka meant to make written submissions to the court docket previous to the listening to.
Most trials within the NSW District Court and the Supreme Court are heard earlier than a decide and jury. However, in sure circumstances, an order could also be made for a judge-alone trial.
If the accused applies for a decide alone trial however the prosecutor doesn’t agree, it will likely be for a decide to find out whether or not it’s within the pursuits of justice to make the order.
The decide should think about a spread of things in figuring out whether or not a judge-alone trial is suitable, together with the position of a jury, potential prejudices, and complexity of the proof.
Mr Gunathilaka has been in Australia since he was arrested over the costs late-last 12 months, and can be required to stay within the nation as he prepares to struggle the costs in court docket.
The Sri Lankan nationwide beforehand surrendered his passport to police following the costs, and is required to report back to police as soon as a day as a part of his bail circumstances.
The court docket was beforehand informed Mr Gunathilaka doesn’t have a legal report, and had paid an $200,000 surety to the court docket to make sure his attendance at proceedings.
He will reappear earlier than the identical court docket on July 19, when the judge-alone trial software can be heard.
Source: www.perthnow.com.au
