Police who prosecuted a Sri Lankan cricket star 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 Mr 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.
“There were so many inherent issues and difficulties with the prosecution case that should have been obvious to the prosecution at the outset.”
Justice Huggett had ordered that a certificate be issued to Mr Gunathilaka so that he may be awarded costs. It’s understood he has since returned home.
Police had submitted that in deciding to prosecute Mr Gunathilaka they could not have predicted what “factual findings would be made at trial”.
(Agencies)
