Danushka accused of rape allowed on WhatsApp, out at night

Danushka Gunathilaka at Sydney’s Downing Centre Court on Thursday

A Sri Lankan cricketer accused of sexually assaulting a woman he met on Tinder is now allowed to use WhatsApp after he had his bail variations relaxed.

Danushka Gunathilaka faced Sydney’s Downing Centre Local Court on Thursday wearing a grey suit as he faces four charges of sexual intercourse without consent, relating to an incident on 2 November last year.

Defence barrister Emma Sullivan made an application to vary two conditions on the 31-year-old’s bail. The first condition was allowing Gunathilaka to use WhatsApp, which was not opposed to and granted by Magistrate Jennifer Atkinson. The court heard the app is not to be used to facilitate or arrange dating. He is still not allowed to use any dating apps or social media. Sullivan asked the court to remove the overnight curfew and enforcement conditions after police attended Gunathilaka’s home at 2 a.m.

DPP solicitor George Rixon opposed the variation, telling the court it should be in place to “mitigate the risks” for further offences. “The accused’s aggressive sexual behaviour is of concern,” he said.

Rixon argued there are “likely to be more opportunities” for the same type of alleged offending to occur at night. “The crown submission is more frequent at that time of the day,” he said. Magistrate Atkinson said there was “nothing unique” about the alleged offending, which could happen at any time of day. She said keeping Gunathilaka on the curfew would no longer mitigate the risks as he has shown compliance since being on bail.

“The reality is he has to reside at home, if he risks staying somewhere else, it’s going to be more apparent to people than a member of the public who doesn’t have a profile,” she said. Rixon said he disagreed with the magistrate, saying Gunathilaka was “not necessarily immediately identifiable in the community”. Sullivan said she “did not accept” what Rixon said about her client not being well known. “There’s been media following these proceedings … he’s internationally known,” she told the court.

The magistrate told the court everyone should be given the same treatment, whether they are high-profile or not.

She said Gunathilaka has now had the benefit of the passage of time and agreed to vary bail to remove the curfew.

“He has been compliant over a period of time in relation to very strict bail conditions,” Atkinson said.

“I am satisfied today the curfew can be removed.” She directly told the cricketer he needs to continue being compliant with his bail conditions. Gunathilaka has not entered pleas to the four charges of sexual intercourse without consent. The court heard a brief of evidence has been served on Gunathilaka’s legal team, with the matter to return to court in April. He was granted leave 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 provision of his bail. The Sri Lankan national was ordered to report to police every day and abide by a nightly curfew. Gunathilaka’s bail was backed by a $ 150,000 surety provided by a “friend of a friend” and a further $ 50,000 provided by the cricketer. (News.com.au)