Cricketer Danushka Gunathilaka has been found not guilty of sexual intercourse without consent following an accusation of “stealthing” involving a Tinder date in Sydney.
The 32-year-old was arrested in November while in Australia for the T-20 World Cup, after he went for drinks with a woman near the Opera House.
He had chatted online for several days and then had dinner with the woman, who can’t be identified for legal reasons, before being invited back to her eastern suburbs home, the NSW District Court heard.
The Crown’s case was that he removed a condom during intercourse without the woman’s knowledge when she had consented only to protected sex.
The complainant told the court she did not see the batsman remove the condom, but saw it on the floor shortly after the intercourse stopped.
Judge Sarah Huggett today found evidence about the “genesis” of the woman’s complaint undermined the reliability of her evidence.
The judge said the woman had given different accounts in her two statements; the second, given in April this year, went into further detail about the issue of stealthing.
But the judge said the complainant did not have a “clear memory” of what happened around the time she saw the condom on the floor.
“The evidence establishes there was no opportunity for the accused to remove the condom during the intercourse because that intercourse was continuous,” she said.
Judge Huggett considered the woman’s first conversations with two close friends, which seemed to frame the complaint in terms of the roughness of the sexual activity.
Judge Huggett found the woman was an “intelligent witness who gave evidence in a considered way”, and was overall a “calm and responsive” witness.
But the judge said there were times when it appeared the complainant was motivated by a desire to paint the accused in an unfavorable light.