SLC lifts ban on Danushka Gunathilaka

Sri Lanka Cricket (SLC) has lifted the ban imposed on Danushka Gunathilaka, who was acquitted following a lengthy legal battle in Australia over sexual abuse allegations.

The decision has been taken by the national cricket board’s Executive Committee at its October 13 meeting, based on a recommendation made by the Inquiry Committee after “careful evaluation of Gunathilaka’s acquittal and with due consideration to his cricketing career and its impact on the cricketing ambitions of the nations”.

The Inquiry Committee had been tasked with investigating the impact of the criminal allegations against Gunathilaka in Australia. It was headed by retired High Court Judge Sisira Ratnayake and consisted of Attorneys-at-Law Niroshana Perera and Asela Ranawaka.

The ban was put in place in November 2022 after the 32-year-old cricketer was arrested in Australia after being accused by a Sydney woman of sexually assaulting her while he was in Australia for the T20 World Cup. Gunathilaka had chatted online for several days and then had dinner with the woman, who could not be identified for legal reasons, before being invited back to her eastern suburbs home, the NSW District Court had heard.

The SLC thus suspended him from all cricket activities upon learning of his arrest and charges related to alleged sexual assault in Sydney. This suspension was pending the outcome of legal proceedings and was imposed considering the impact of his actions on the reputation of cricket and the country.

“Mr. Gunathilaka, who was under travel restriction in Australia for the past 11 months, faced a full trial in the District Court of New South Wales, Australia, where he was acquitted of the single charge levelled against him. Other charges under which he was initially arrested were dropped by the prosecution prior to trial.”

As such, the Executive Committee had ratified the unanimous recommendation made by the Inquiry Committee to ‘fully lift’ the ban on Gunathilaka with immediate effect and to allow him to resume regular cricket activities and return to national duty.

In addition, Gunathilaka has been cautioned to “always uphold his status as a representative of the nation in all his future actions,” the SLC said further.

Gunathilaka’s case was that he had removed a condom during intercourse without the woman’s knowledge when she had consented only to protected sex. The complainant had told the court she did not see the batsman remove the condom but saw it on the floor shortly after the intercourse stopped.

But Judge Sarah Huggett had 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.

The judge also said there were times when it appeared the complainant was motivated by a desire to paint the accused in an unfavourable light.