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Danushka Gunathilaka found not guilty

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Danushka Gunathilaka was arrested in November while in Australia for the T-20 World Cup (pic ABC)

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)

https://www.abc.net.au/news/2023-09-28/nsw-cricketer-danushka-gunathilaka-not-guilty/102911314?utm_campaign=newsweb-article-new-share-null&utm_content=link&utm_medium=content_shared&utm_source=abc_news_web



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Twelve sentenced to death by Gampaha High Court

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The Gampaha High Court has sentenced Twelve (12) individuals to death over the 2022 murder of former Polonnaruwa District Member of Parliament Amarakeerthi Athukorala and his security officer.

 

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Ghosts of 2016 writ large as England, West Indies meet again

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Gudakesh Motie sends one down in the nets on match eve [Cricinfo]

In a tournament that has so far been characterised by plucky challenges from unfancied underdogs, here’s a clash of big beasts to whet the appetite. Okay, so West Indies may not be among the big hitters on a global scale any more – hell, they didn’t even qualify for the ICC’s last two 50-over tournaments. But in a 20-over gunfight, they’ve proven time and again that their particular brand of physical might is right. Not least against Wednesday’s familiar foes at the Wankhede.

A clash of England and West Indies in a T20 World Cup is an inevitable opportunity to revisit one of the greatest finales of all time. Ten years ago in Kolkata, not quite to the month, Carlos Brathwaite launched Ben Stokes into the stratosphere time and time again to swipe the 2016 trophy from England’s grasp, almost as the engraver was getting to work.

But if the raw aggression of that moment left England feeling robbed, they could not say that they hadn’t been warned. For it was at the Wankhede, in their very first match of that same campaign, that they came a cropper in the face of an even more ferocious beating, as the mighty Chris Gayle blitzed 11 massive sixes in his 47-ball hundred.

Fittingly, those were the only two defeats of England’s knowingly naïve campaign. Perhaps they came too early in their ongoing white-ball awakening for the players to possess the street-smarts required to bring down an IPL-trained mean machine. But the lessons they learned would be invaluable, especially when the 2019 World Cup reached its own clutch moments.

England still have two survivors from that campaign – Adil Rashid and Jos Buttler, whose recognition of the value of six-hitting was his single biggest takeaway from that tournament; that, for a player who trusts his ability to clear the ropes, even the steepest of chases can be broken down into a handful of big hits when the match-up is right.

But, as Sam Curran noted after his nerveless death over had saved the day against Nepal, the lessons of that tournament cut both ways as they continue to echo down the generations. “I weirdly thought of the 2016 final, when Carlos got hold of Stokesy,” he told the BBC afterwards. “I was thinking, ‘Well, if I execute, he’s not going to hit me for six.'”

As for West Indies, Johnson Charles and Jason Holder remain from that squad of ten years ago, alongside their head coach, Darren Sammy – whose captaincy proved instrumental in drawing his players together to fight for a common cause. As he demonstrated on match eve, shooting the breeze with the media in a 15-minute address that touched every issue imaginable in West Indies cricket, his class of 2026 are unlikely to lack for motivation against these opponents.

History and precedent aside, this is a significant match-up for more basic qualification reasons. On the face of it, the jeopardy in Group C has been reduced by Bangladesh’s decision to withdraw, but Nepal are clearly itching for an upset and, as Scotland showed with a comprehensive win over the likely stragglers Italy, they have embraced their unlikely opportunity with gusto.

It’s an occasion that deserves to be savoured. As the weeks of uncertainty over India versus Pakistan ended up demonstrating, there’s still something precious about proper historical rivalries on the grandest stages that the game can offer. England and West Indies have each won two T20 World Cup titles, tying them with India as the most successful teams in the tournament’s history. Their storied pasts will inform the present on Wednesday night, as each team seeks to stride on into the future.

One of the main reasons for England’s angst in that Nepal run-chase was the unexpectedly brutal treatment meted out on Adil Rashid. Not only did he go wicketless for the first time in 25 T20I innings, dating back to the last World Cup, he was launched at a rate of 14 runs an over, the second most expensive T20I spell of three or more overs in his career. Nepal’s ability to pick his variations was the clincher, borne no doubt of their own familiarity with the art of legspin, and given his form coming into the tournament, there’s no question of Harry Brook losing any faith in Rashid’s impact. As the man himself said on this site last week, “you have to have a big heart as a spinner”. It’s about to be tested once more.

Quality spin remains an Achilles heel for England’s heavy hitters, and in Gudakesh Motie, they’ll be reunited with a left-arm spinner who knows how to cramp their style. Ten of his 40 T20I wickets have come in his frequent clashes with England, including a matchwinning haul of 3 for 24 in Tarouba two years ago. He was recently left out of their tour of New Zealand after a dip in form linked to a technical flaw, but last month he reasserted his trump-card status with a matchwinning haul in a rain-reduced game against South Africa.

Once again, England were quick out of the blocks with their starting XI. Just the one change from that fraught opener against Nepal, with Luke Wood’s left-arm seam making way from the heavier deck-hitting capabilities of Jamie Overton. He hits a long ball too, which might be useful down the order, given West Indies’ own six-hitting reputation.

England: Phil Salt, Jos Buttler (wk), Jacob Bethell,  Tom Banton,  Harry Brook (capt),  Sam Curran, Will Jacks,  Liam Dawson, Jamie Overton,  Jofra Archer, Adil Rashid.

West Indies know their XI, but have chosen not to divulge it just yet. There was not much reason to change a winning formula from their tournament opener against Scotland.

West Indies (probable): Brandon King,  Shai Hope (capt & wk),  Shimron Hetmyer, Rovman Powell,  Sherfane Rutherford,  Romario Shepherd, Matthew Forde,  Jason Holder,  Akeal Hosain,  Shamar Joseph,  Gudakesh Motie.

[Cricinfo]

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Undermanned Australia get campaign going against dangerous Ireland

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Paul Stirling has not been in good touch of late [Cricket Ireland]

Australia are the last side to begin their T20 World Cup campaign and the late start plays heavily into their favour, given the injury issues they have had coming into the tournament.

They are already without Pat Cummins and Josh Hazlewood after both were ruled out with injury, and Australia’s selectors have intriguingly not yet replaced Hazlewood in the 15 and will only have 13 to choose from for their opening match against Ireland with Tim David expected to miss the opening round as he continues to rehab his hamstring injury.

Had the first match been any earlier, there may have also been doubts on Nathan Ellis coming off a hamstring concern and Adam Zampa, who experienced some groin tightness in the last T20I of the tour of Pakistan a fortnight ago, which Australia lost 3-0.

Australia are also struggling for form, having been hammered in Pakistan despite many of them coming from the BBL. However Ellis, David and Glenn Maxwell were all absent from that trip while many of the World Cup squad only played one or two games in the series at most. The change in conditions will challenge them, as will Ireland’s spinners George Dockerell and Gareth Delany after both bowled well against Sri Lanka.

Ireland themselves will feel under some pressure after butchering a chance to beat Sri Lanka in Colombo in their tournament opener. They dropped seven catches and gave up 59 runs from their final four overs with the ball. They were 105 for 2, albeit with the required run-rate climbing, but lost 8 for 38 to lose the game by 20 runs.

In theory, Ireland have the advantage of being a slightly unknown quantity to Australia. The two teams have only met twice in T20Is and only once in all international cricket since 2016. They played at the Gabba in the 2022 T20 World Cup and eight of the Ireland XI that played against Sri Lanka played in that game too. However, Australia may only have four players in their XI who played four years ago, with a number of retirements and injuries changing the formation of Australia’s team.

The only other time the two teams met in the shortest format was in the 2012 T20 World Cup in Colombo. Paul Stirling, Dockrell and Maxwell all played in that game.

Can Glenn Maxwell go to the well one more time to produce a stunning World Cup for his nation? Given he turns 38 this year, it seems unlikely that he will play another one for Australia, having already retired from ODI cricket. But since a match-winning 62 not out against South Africa last August, he has had a very lean run in all T20s. In eight innings in the BBL when he got past 3 he remained unbeaten, but that only happened three times with a highest score of 39 not out. His bowling will also be vital in the tournament as he will likely be the lone spinning allrounder in the top seven for most of the event.

Ireland need skipper Paul Stirling to set the tone at the top of the order, particularly against an inexperienced new-ball attack for Australia. His returns have also been lean in recent times with scores of 21, 29, 38, 0, 23, 45, 8, 14, and 6 in his last nine T20Is, striking at just 125.17. His 6 off 13 against Sri Lanka was not the start to the tournament he or Ireland were hoping for.

Australia appear set to play two specialist spinners in Matt Kuhnemann and Zampa. It will mean one of Xavier Bartlett and Ben Dwarshuis will miss out. There is another option Australia could take with Cooper Connolly playing at No. 8 to lengthen the batting, but that appears unlikely based on form. David’s absence will likely give Matt Renshaw a chance in the middle order. The combination of the top seven is likely to be fluid with the potential of elevating Maxwell early against spin.

Australia (probable): Travis Head,  Mitchell Marsh (capt), Cameron Green,  Josh Inglis (wk), Matt Renshaw,  Glenn Maxwell,  Marcus Stoinis, Xavier Bartlett/Ben Dwarshuis, Nathan Ellis,  Matt Kuhnemann,  Adam Zampa

There could be a temptation to bring in left-arm seamer Josh Little, who bowled very well against Australia four years ago, but he has gone wicketless in his last four T20Is. Ireland will more than likely remain unchanged given catching was the major issue against Sri Lanka.

Ireland (probable): Paul Stirling (capt),  Ross Adair,  Harry Tector,  Lorcan Tucker (wk),  Curtis Campher,  Ben Calitz,  George Dockrell,  Gareth Delany,  Mark Adair,  Barry McCarthy,  Matthew Humphreys

[Cricinfo]

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