Police ‘unreasonable’ to charge Danushka with stealthing: Court

Police who prosecuted Sri Lankan cricketer later cleared of sexually assaulting a woman at her Sydney home acted “unreasonably”, a court has been told.

Danushka Gunathilaka (32), was finally allowed to leave Australia after about 10 months on bail after he was acquitted following a judge-alone trial in September.

Police had alleged Gunathilaka had removed a condom without consent, also known as “stealthing”, during a sexual encounter with a woman he met on Tinder.

Judge Sarah Huggett, who also presided over the trial, said during a costs hearing on Friday that she had “significant concerns” about the prosecution’s case.

“I’m firmly of the opinion that if the prosecution had-before the proceedings were instituted- been in possession of evidence and all the relevant facts, it would not have been reasonable to institute the proceedings,” she said.

Gunathilaka was arrested and charged with four counts of sexual assault in November 2022 after the woman reported the matter to Bondi Police. (The Australian)

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