Police had argued there have been two unacceptable dangers: that the accused would fail to look and that he would endanger the security of the complainant.
McKinnon stated the girl was being “harassed by unknown folks with Sri Lankan names by her social media” and needed to shut it down.
She argued Gunathilaka would additionally keep in mind the complainant’s deal with.
Thangaraj submitted that his consumer was “being supported by a Sri Lankan cricket affiliation and [the] Sri Lankan authorities”.
“If he breaches his bail, in fact his profession could be over,” he stated.
The court docket heard Gunathilaka, who has no legal file, could be unlikely to face trial till 2024.
Thangaraj stated if Gunathilaka was an Australian citizen, “in fact he could be on bail in these circumstances”.
He stated his consumer had agreed to a police interview, “denied any type of violence” and “denied that there was a scarcity of consent”.
“We all know, on the complainant’s personal case, there was consensual oral intercourse and consensual vaginal intercourse previous to any drawback arising on her model,” Thangaraj stated. “It’s not a powerful prosecution case.”
He stated the “social media issues” had occurred after the arrest and Gunathilaka had not motivated or inspired the reported behaviour.
“As a result of they’ve discovered the social media of the complainant, why ought to that be held in opposition to him?” he stated. “It’s completely irrelevant in respect of bail.”
Justice of the Peace Janet Wahlquist granted bail on situations together with a $150,000 surety, reporting to police each day, a curfew from 9pm and 6am, not contacting the complainant and a ban on accessing Tinder and relationship purposes.
Police say Gunathilaka accompanied the 29-year-old lady to her dwelling, the place he allegedly “manoeuvred himself on high of her”, kissing and touching her.
“The complainant requested the accused to please take it sluggish,” the police info state.
“A dialog ensued the place the complainant solely agreed to continued sexual exercise if the accused wore a condom.”
Police allege “the accused protested however finally agreed”.
Gunathilaka is accused of repeatedly choking the girl, leaving her “fearing for her life”. She additionally allegedly observed a condom on the ground.
“The complainant was clear that she didn’t consent to partaking in sexual activity and not using a condom. Additional, the complainant didn’t consent to sexual activity that concerned choking.”
Gunathilaka’s second cost pertains to the alleged aggressive digital penetration of the girl’s vagina, whereas the third and fourth fees are allegations that he had put his penis in her mouth.
The police info state Gunathilaka lives in Sri Lanka together with his mother and father, has “no ties to the Sydney or Australian neighborhood” and that “investigators consider he’s a flight danger”.
Sri Lanka Cricket has suspended the allrounder from all types of the sport. He had stayed with the squad in Australia for the T20 World Cup regardless of a hamstring harm.
The case returns to court docket on January 12.
The Morning Version e-newsletter is our information to the day’s most essential and fascinating tales, evaluation and insights. Join right here.