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A Sri Lankan cricketer accused of sexually assaulting a woman he met on Tinder can now use WhatsApp after his bail variations were relaxed.
Danushka Gunathilaka faced Sydney’s Downtown Downing Local Court on Thursday wearing a gray suit as she faces four counts of non-consensual sex, in connection with an incident that occurred on November 2 last year.
Defense attorney Emma Sullivan filed an application to modify two conditions of the 31-year-old’s bail.
The first condition was to allow Gunathilaka to use WhatsApp, which was not consented to or granted by Judge Jennifer Atkinson.
The court heard that the app should not be used to facilitate or arrange appointments. You are still not allowed to use any dating or social media apps.
Danushka Gunathilaka faced the Downing Town Center Local Court in Sydney on Thursday.
Ms Sullivan asked the court to remove the night curfew and conditions of compliance after police came to Mr Gunathilaka’s home at 2am
DPP lawyer George Rixon opposed the variance, telling the court it should be put in place to “mitigate the risks” of further crime.
“The defendant’s aggressive sexual behavior is cause for concern,” he said.
Rixon argued that “there are probably more opportunities” for the same type of alleged crime to occur at night.
“The presentation of the crown is more frequent at that time of the day,” he said.
Justice Atkinson said there was “nothing unique” about the alleged offence, which could occur at any time of day.
She said keeping Gunathilaka in curfew would no longer mitigate the risks, as he has shown compliance since being released on bail.
“The reality is that you have to reside at home, if you risk staying somewhere else it will be more apparent to people than to a member of the public who doesn’t have a profile,” he said.
Mr Rixon said he disagreed with the magistrate, saying Mr Gunathilaka “was not necessarily immediately identifiable in the community”.
Ms Sullivan said she “did not accept” what Mr Rixon said about his client not being well known.
“There have been media outlets following these procedures…he is internationally known,” he told the court.
The magistrate told the court that everyone should be treated equally, whether they are high-profile or not.
She said that Mr. Gunathilaka has now had the benefit of the passage of time and has agreed to vary the bail to remove the curfew.
The magistrate said he ‘has served over a period of time in relation to very strict bail conditions’
“He has served over a period of time in relation to very strict bail conditions,” Ms Atkinson said.
“I am satisfied that today the curfew can be lifted.”
She directly told the cricketer that he must continue to abide by his bail conditions.
Police allege Mr Gunathilaka matched a woman on a dating app while in Sydney for the T20 World Cup last year, chatting online before meeting on November 2.
They had drinks in the city before returning to the woman’s home in Sydney’s eastern suburbs around 11 p.m., according to police.
Gunathilaka allegedly ignored the woman’s request to “take it easy” and instead strangled and assaulted the 29-year-old woman in her own home, according to a fact sheet filed by police at an earlier hearing.
The batter allegedly forced himself on top of the woman as the couple moved into the bedroom. Police say the woman felt uncomfortable and agreed to continue sexual activity only if Gunathilaka used a condom.
“He protested, but finally agreed,” police allege in court documents.
Gunathilaka was in Australia for the T20 cricket competition
The woman told police that she later found the condom on the floor next to the bed.
Police allege the woman was “in shock” and did not consent to sex without a condom. She again asked him to use a condom, but he refused and instead engaged in forceful sexual activity, police say.
During the several hours he stayed at the woman’s home, Mr. Gunathilaka allegedly strangled the woman several times and slapped her buttocks.
Police allege the woman was “frozen and in shock” before the international cricketer asked her to order an Uber for him. He left his house just before 1 am.
The alleged victim told police that she was sore and swollen and was unable to work the next day because she “couldn’t stop crying.”
Mr. Gunathilaka has pleaded not guilty to the four counts of sexual relations without consent.
The court heard that a brief of evidence has been served on Mr. Gunathilaka’s legal team, and the matter will return to court in April. He was granted permission to move into a one-bedroom apartment in Sydney’s inner west before Christmas last year.
He previously surrendered his passport and has been ordered not to approach any international departure point as a bail provision.
The Sri Lankan was ordered to report to the police every day and abide by a nightly curfew.
Mr. Gunathilaka’s bail was backed by a $150,000 guarantee provided by a “friend of a friend” and a further $50,000 provided by the cricketer.