A girl who claims she was tricked into having intercourse with no condom with a Sri Lankan cricketer has instructed a court docket there have been moments throughout intercourse she ‘feared’ for her life.
Danushka Gunathilaka is going through a judge-alone trial on the Downing Centre District Court docket after pleading not responsible to at least one cost of sexual assault with out consent.
The worldwide cricket participant walked into the court docket complicated holding palms with a blonde girl, who will not be the complainant, forward of the anticipated four-day trial in entrance of Choose Sarah Huggett on Monday morning.
He’s going through trial over an incident on November 2 final yr, the place Crown Prosecutor Gabrielle Steedman instructed the court docket the 32-year-old met up with a lady at Sydney‘s Opera Bar after beforehand matching on Tinder.
On the time, the batsman was in Australia to play within the T20 Cricket World Cup.
Danushka Gunathilaka was pictured holding palms and smiling with a thriller girl as he fronted court docket in Sydney on Monday
The cricket star has pleaded not responsible to one cost of sexual assault with out consent
It isn’t in dispute that the pair had chatted a number of instances via Tinder, Instagram and video referred to as on WhatsApp from October 31 earlier than their assembly three days later.
CCTV footage performed to the court docket exhibits the pair hugging as they meet at Opera Bar, with additional footage displaying the pair kissing whereas ready for a ferry again to the girl’s residence.
They returned to the girl’s residence within the japanese suburbs about 11pm, when the alleged sexual assault occurred, the court docket was instructed.
The girl, who can’t be named for authorized causes, took to the proof stand on Monday morning the place she instructed the court docket she poured herself and Mr Gunathilaka a glass of wine earlier than he started kissing her on her sofa ‘fairly forcefully’.
‘He was on prime of me, I keep in mind him kissing me fairly forcefully,’ the girl mentioned.
‘I keep in mind asking him “can we please take this sluggish”, as a result of issues have been transferring fairly shortly and I wasn’t snug. I keep in mind him wanting me within the eye as I mentioned that and never saying something in response.’
The girl instructed the court docket the pair moved to her bed room the place she requested Mr Gunathilaka to make use of a condom however he mentioned he did not wish to as a result of he ‘did not like them’.
Gunathilaka’s accuser instructed the court docket that the cricket star repeatedly choked her for as much as 30 seconds, leaving her respiratory ‘actually constricted’
She instructed him she needed to make use of a condom as a result of she did not wish to get pregnant or a sexually transmitted illness.
‘He mentioned, “Don’t be concerned, I will not get you pregnant, darling, do not you belief me?”,’ the girl mentioned.
‘I keep in mind him saying that he hated them, he mentioned one thing like “I hate utilizing condoms, I do not like them, it does not really feel good, you need to belief me”.’
The girl mentioned Mr Gunathilaka ‘hesitated’ earlier than placing the condom on, which made her develop into uncomfortable.
Ms Steedman, in her earlier opening tackle, instructed the court docket the intercourse lasted for about quarter-hour and was ‘fairly tough’.
Throughout her proof, the girl mentioned there have been a number of instances she feared for her life.
‘I keep in mind that Danny choked me and he put one hand on my neck and the opposite hand was on the mattress and he choked me for 20-30 seconds,’ the girl mentioned.
She instructed the court docket the choking occurred at the least 3 times and at one level her breath was ‘actually constricted’ and tried eradicating his palms.
Gunathilaka stands accused of ‘stealthing’ – the act of eradicating a condom throughout or simply previous to intercourse with out the associate’s information
She mentioned: ‘I felt fearful for my life at this level.’
Mr Gunathilaka then stood up from the mattress, the place the girl realised the condom was on the bottom and he hadn’t been carrying it.
In her opening tackle, Ms Steedman mentioned the alleged sufferer was ‘shocked’ and did not really feel protected about saying something for ‘what she says was concern of retribution’.
The principle situation within the trial is Mr Gunathilaka’s frame of mind as as to whether or not he eliminated the condom with out the girl’s information, which is named stealthing.
The court docket was instructed the girl later instructed associates she wasn’t positive what occurred however she thought it was ‘one thing dangerous’.
Mr Gunathilaka’s barrister, Murugan Thangaraj SC, instructed the decide the Crown should show past an inexpensive doubt his shopper eliminated the condom ‘in opposition to the girl’s will’.
In his temporary opening tackle, Mr Thangaraj mentioned the cricketer is a person of ‘glorious character’ was cooperative with police.
He argued the complainant’s proof was not credible.
The trial continues earlier than Choose Huggett.
