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Danushka Gunathilaka found not guilty
Sri Lankan cricketer Danushka Gunathilaka has been found not guilty of sexual intercourse without consent following an accusation of “stealthing” involving a Tinder date in Sydney.
The 32-year-old was arrested in November while in Australia for the T-20 World Cup, after he went for drinks with a woman near the Opera House.
He had chatted online for several days and then had dinner with the woman, who can’t be identified for legal reasons, before being invited back to her eastern suburbs home, the NSW District Court heard.
The Crown’s case was that he removed a condom during intercourse without the woman’s knowledge when she had consented only to protected sex.
The complainant told the court she did not see the batsman remove the condom, but saw it on the floor shortly after the intercourse stopped.
Judge Sarah Huggett today 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’ and added that the complainant did not have a “clear memory” of what happened around the time she saw the condom on the floor.
“The evidence establishes there was no opportunity for the accused to remove the condom during the intercourse because that intercourse was continuous,” she said.
Judge Huggett considered the woman’s first conversations with two close friends, which seemed to frame the complaint in terms of the roughness of the sexual activity.
Gunathilaka’s defence counsel argued the woman lied, gave self-serving evidence and appeared to not remember parts of the night that were inconsistent with a “narrative” she created, which morphed over time.
Murugan Thangaraj SC told the judge the Crown failed to establish the woman’s reliability and highlighted what he said were inconsistencies and implausibility in her version of events.
He said it was “completely illogical” to claim she felt ambushed before lighting candles in her bedroom, effectively setting it up for “a romantic sexual liaison”.
In court, the woman alleged Mr Gunathilaka kissed her “forcefully” on the way home and on her couch, where she felt “ambushed” before moving to the bedroom.
She further alleged he choked her three times during sex, leaving her fearful for her life, and ignored requests to go slow.
Judge Huggett found the woman was an “intelligent witness who gave evidence in a considered way”, and was overall a “calm and responsive” witness.
But the judge said there were times when it appeared the complainant was motivated by a desire to paint the accused in an unfavourable light.
In his police interview, Mr Gunathilaka said he told her his preference generally was to not use condoms but wanted to on the night because it was their first meeting.
In the interview, the cricketer made mention of there being two condoms because one malfunctioned — which the Crown said was a deliberate mistruth.
But Judge Huggett disagreed, finding that his answers were the result of “confusion, fatigue, a language barrier and possibly memory”.
“I formed the distinct impression he was doing his best to be truthful and assist the police,” she said.
Sitting in the interview room, Gunathilaka told police the woman had organised him a taxi and he kissed her before leaving. “She didn’t even text me, I didn’t text her also,” he said. “And that’s it, then I’m here.”
Gunathilaka has been in Australia on bail since mid-November.
(ABC News)
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UPDATE: Flash flood on Nepal-Tibet border kills more than 100, with hundreds of tourists missing
More than 100 people have been killed in Nepal and Tibet, and hundreds of tourists are missing, after a massive flash flood and mudslide
The missing tourists include more than 100 from India, 54 from the US, and 33 from the UK, as well as more than 100 from Nepal itself, according to Nepal’s tourist board. The area is popular with pilgrims and trekker.
Dozens of police officers and army prtxonnel are also missing, as well as power workers. My family was swept away in front of me, one woman tells us – she and her son survived by climbing to a rooftop
In Tibet, Chinese state media report three dead and 265 missing, CCTV from Tibet shows a wall of water and mud hitting buildings at a border crossing.
Authorities initially thought an earthquake may have triggered a landslide – the US Geological Survey now says the sesimic energy was instead generated by a landslide.
(BBC)
Foreign News
At least eight killed, hundreds missing after Nepal flash flood
Nepal sent helicopters to the rescue after a huge flash flood swept away villages, killing at least eight people and damaging roads, bridges and power projects in areas near Tibet, authorities said.
Officials said 384 tourists, including 291 from countries including the United Kingdom, the United States, India and Malaysia were reported missing as a result of the flash flood on Wednesday.
The waters were too high for helicopters to land in Nepal’s affected areas of Syapru Besi and Timure in the mountainous district of Rasuwa, with a population of about 50,000, officials said.
“There could be heavy casualties or loss of property,” district administrator Narendra Pariyar told the Reuters news agency. “But I cannot say for sure now.”
Pariyar urged those living on the banks of the Bhote Koshi River in the area to seek higher ground, pointing to reports that nearby villages and infrastructure project sites were washed away.
Across the border, Tibet reported “major casualties” with people missing in the neighbouring county of Gyirong after a mudslide hit a land crossing between China and Nepal, the Xinhua official news agency said.
The mudslide hit China’s Gyirong port, cutting off roads, communications and power in the Shigatse region, Xinhua added, without giving details.
President Xi Jinping urged “all-out” efforts to search for the missing, and called for strengthening monitoring and early warning systems to prevent secondary disasters.
Prayash Adhikari, a climate justice activist in Nepal, said the “devastating” flood has wiped out “whole villages”
“Hundreds of people are missing,” Adhikari told Al Jazeera from Kathmandu, stating it wiped out buildings, schools, bridges and highways.
Videos shared by Nepal Police and others on social media showed torrents of muddy water crashing through mountain valleys.
Many people were caught off guard when the flash flood hit, as there was no heavy rainfall, said Kosh Raj Koirala, an editor of Republica Daily, an English newspaper in Nepal’s capital.
“People were at home … several houses have been washed away, swept away by the river,” Koirala told Al Jazeera.
Prime Minister Balendra Shah convened an emergency meeting of the National Disaster Risk Reduction and Management Authority to take stock of the situation.
“Work has started to take necessary steps in coordination with the medical team, scouts, and Red Cross,” Shah said in a social media post.

The Nepal Army said it had deployed helicopters and disaster response personnel to the affected area.
“The work of collecting details of the damage is under way,” it said in a statement.
The Nepal Electricity Authority said about 430 megawatts of production capacity, including from hydropower and solar facilities, have been damaged.
“The disaster has damaged the production, transmission and distribution facilities of the Authority … resulting in disruption of electricity supply,” it said.
Several highways were also closed, according to the authorities.
‘Glacial lake outburst’ could be underlying cause
Climate experts at the International Centre for Integrated Mountain Development in Nepal say an avalanche from a glacier likely caused the flash flood.
The Lhende Khola River, a tributary of the Bhote Koshi River, witnessed maximum flooding on Wednesday, they said.
“The Lhende Khola has flooded twice in 14 months, this time triggered by an ice rock avalanche from a glacier on the Nepal side that blocked the river and released a sudden surge downstream,” said Saswata Sanyal, a disaster risk reduction specialist at the climate research group.
Adhikari, the climate activist, told Al Jazeera that early warning systems are crucial to protect communities.
“This can’t be completely turned around because we are on the verge of climate catastrophe, but still we can protect our communities,” he said.
The Bhote Koshi River originates in Tibet and empties into Nepal’s Trishuli River, which eventually flows into India as the Gandak River.
A flood last year in the Bhote Koshi River killed nine people, with 24 missing, and washed away the “Friendship Bridge” linking Nepal and China, disrupting transport and trade for several months. That flood was triggered by the draining of a supraglacial lake in Tibet, a regional climate monitor said.
Monsoon rains from June to September regularly trigger deadly floods and landslides across South Asia.
Scientists say climate change is increasing the frequency and intensity of extreme weather events in the region.

Damaged houses stand precariously near the swollen, debris-choked banks of the Trishuli river after flash floods in Nepal’s Nuwakot district [Aljazeera]
[Aljazeera]
Latest News
India close in despite Sooriyabandara, Kamindu fifties
Playing just his second Test and the first in his team’s starting XI, Pasindu Sooriyabandara made Sri Lanka dream of the rarest of possibilities, but reality imposed itself on the SSC late on day four as India regained their grip on a Test match that had seemed to spiral out of control after the threat of bad weather led them to enforce the follow-on.
After Sooriyabandara put on 58 with Kamil Mishara for the second wicket and 115 with Kamindu Mendis for the third, Sri Lanka were at one stage 209 for 3, or just four runs behind with seven second-innings wickets in hand, on a day-four pitch that was still looking excellent for batting. India’s bowlers were into their 149th over across two consecutive innings, and looking short of both penetration and inspiration against a top order that had never allowed them to settle into their lengths.
Just then, however, Manav Suthar, who had borne the brunt of Sri Lanka’s positive intent, dismissed Dhananjaya de Silva and then Sooriyabandara in the space of two overs, the latter out eight short of a maiden Test hundred. Soon after, Saransh Jain trapped Niroshan Dickwella lbw, and Sri Lanka were effectively 5 for 6. By the time rain arrived to bring an early end to the day, Sri Lanka’s seventh-wicket pair had only added a further 11 runs to their tally.
If Sri Lanka still retain any hope going into the final day of this series, it will rest on the shoulders of Sonal Dinusha, batting on 7 in his final innings of a remarkable series. Earlier in the day, he had converted his overnight 85 into his second century of the series, with his only other completed innings bringing him 84.
Scores:
Sri Lanka 290 in 89.4 overs (Pasindu Sooriyabandara 80, Sonal Dinusha 103; Prasidh Krishna 3-52, Manav Suthar 3-85) and 229 for 6 in 72.4 overs (f/o) (Pasindu Sooriyabandara 92, Kamindu Mendis 55, Sonal Dinusha 7*; Manav Suthar 2-81) lead India 503 for 9 dec by 16 runs
[Cricinfo]
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