Court documents allege that Sri Lankan player Danushka Gunathilaka choked a Sydney woman during a sexual assault after meeting her on Tinder, leaving her “fearing for her life” and needing a brain scan.
Nine, the masthead’s parent, News Corp, and the ABC argued against suppressing the police facts in the 31-year-case. old’s The police abandoned their suppression application “completely”.
Gunathilaka was detained Sunday morning at the Hyatt Regency Hotel on Sussex Street before the Sri Lanka squad left and charged with four charges of sexual intercourse without consent. Monday’s Downing Centre Local Court private hearing denied bail.
Gunathilaka and the 29-year-old Rose Bay complainant matched on Tinder on October 29 and chatted on Instagram, WhatsApp, and video calls, according to police.
Police say Gunathilaka persuaded the woman to come to Brisbane before they met at Opera Bar in Sydney at 8.20pm on November 2.
Police said the accused had two standard alcoholic drinks and the woman had five during their 30-minute pub stay. Gunathilaka and the woman drank one alcoholic drink at Frankie’s Pizza before riding a ship at 10.20pm.
The accused “forced his body against” the woman and kissed her “forcefully” while waiting for the ferry, then “slapped her buttocks with his hand,” to which she allegedly replied, “Oi.”
Gunathilaka allegedly “placed one hand around her neck for 20-30 seconds and choked her” during “forceful” sexual interaction at the woman’s house.
According to police facts, he choked her twice more.On the third occasion, he allegedly limited her breathing for six seconds before she “tried to remove the accused’s hand by holding his wrist, but the accused pressed tighter around her neck for a further 10 seconds”.
The police claim Gunathilaka had sexual relations for 10–15 minutes after the alleged choking before sitting on the bed. “The condom was on the floor,” the complainant said.
The police facts show that the complainant was shocked and feared revenge.
The complainant stated that she did not consent to sexual activity without a condom. The complainant did not consent to choking during sexual activity.
Stealthing involves removing a condom without consent during intercourse.
The second complaint alleges violent digital penetration of the woman’s vagina, while the third and fourth charges allege Gunathilaka inserted his penis in her mouth.
The woman was “frozen and in shock” and Gunathilaka fled her house in a cab, police say.
The complainant “told two friends what occurred to her,” spoke to a counselling programme, and saw her GP before calling police the next day.
Police claim she gave a statement and took photos of the messages with the accused and proceeded to the hospital for a sexual investigation kit and a brain scan to check for injuries from the alleged repeated choking.
“The accused corroborates aspects of the complainant’s narrative, however, denies any violence or lack of consent.”
Gunathilaka was arrested in the hotel lift and consented to a room and luggage check. He was interpreted during a police interview.
“The accused corroborates some portions of the complainant’s statement, however, denies any aggression or lack of permission with respect to sexual activity,” the police facts indicate. “The accused did not recollect consent talks and actions.”
Sri Lanka Cricket has suspended the 31-year-old from all forms of the game and will “take necessary actions to immediately carry out an enquiry into the alleged offence”.
SLC has appointed a three-member team with a former high court judge to investigate the alleged sexual assault.
Gunathilaka’s Monday court lawyer, Ananda Amaranath, has withdrawn. Sri Lanka Cricket and the High Commission had retained him.
At the suppression hearing, defence barrister Sam Pararajasingham and solicitor Sara Black defended the player.
