A judge has questioned the “focused” media attention on a Sri Lankan cricket star as he prepares to face a trial over allegations he sexually assaulted a woman after an international sports event.
Danushka Gunathilaka appeared in Sydney Downing Centre District Court on Monday wearing a crisp white jacket and black pants as he applied for a judge-alone trial.
The cricketer has pleaded not guilty to sexually assaulting a woman in her Sydney home while he was in the country for the T20 World Cup last year.
The court heard there had been significant media attention on the case since the international athlete was charged in November as he was preparing to fly home with his team.
Mr Gunathilaka has remained in Sydney since that date, waiting for the matter to be dealt with.
Danushka Gunathilaka is charged with sexually assaulting a woman after a night out in Sydney. Picture: NCA NewsWire
Mr Gunathilaka’s lawyer Murugan Thangaraj SC said there were more than 2.2m articles related to the case, but later revised his estimation to “many many articles across many many platforms”.
He argued some of the media coverage was “not entirely benign” and would damage his client’s standing with a potential jury.
Judge Warwick Hunt noted he had concerns about potential prejudice after seeing Mr Gunathilaka’s charges on the front page of a newspaper.
“I thought: ‘How can this man get a fair trial after all this publicity?’,” he said.
“I’m not suggesting it’s been unbalanced. It’s just been focused.”
However, the crown prosecutor argued the risk of prejudicing a jury was limited because the vast majority of the coverage had been straightforward.
“The publicity is not necessarily adverse, it’s just merely reporting the allegations,” she said.
The court was told Mr Gunathilaka was initially charged with three additional charges of sexual intercourse without consent, which were withdrawn in May.
The cricket star was in Sydney for the T20 World Cup at the time. Picture: Hagen Hopkins/Getty ImagesHe was arrested while preparing to leave the country. Picture: Mark Metcalfe-ICC/ICC via Getty Images
Judge Hunt opined the judgment of some jurors may be clouded by the initial four charges, which may lead them to make assumptions about the cricketer or the alleged victim.
“Those kinds of speculations ahead of a trial only take place in this case because of the publicity,” he said.
“Because there’s been that regrettable legal chronology well reported, I do consider that the level of public media interest in the case may lead to a compromising of the accused’s interests at trial.”
He granted the cricketer’s application for a judge-alone trial, which is estimated to take five days.
Mr Thangaraj also made an simultaneous application to fast-track the trial so his client could return to Sri Lanka as soon as possible if cleared of the sexual assault charge.
He said it was necessary to expedite the proceedings so Mr Gunathilaka could resume his sporting career and to continue to financially support his family.
The court heard the cricketer has been diagnosed with severe clinical depression, which is exacerbated by the ongoing legal proceedings and media coverage.
The court heard the cricketer has been struggling with his mental health. Picture: NCA NewsWire
“I’m persuaded the accused is under some psychological pressure that will continue to grow,” Judge Hunt agreed.
He set the trial down to begin on September 18 after the crown prosecutor lent her “unequivocal” support to expediting the proceedings.
Mr Gunathilaka has been stranded in Australia since he was arrested over the sexual assault allegations last year and told to surrender his passport.
Police allege the cricketer matched with a woman on a dating app and chatted with her a number of times online before they met on November 2.
The pair had drinks in the city before they went back to the woman’s home in the eastern suburbs of Sydney around 11pm, according to police.
Mr Gunathilaka allegedly ignored the woman’s request to “take it slow” and instead sexually assaulted the 29-year-old woman in her own home.
Police allege the cricketer engaged in “forceful” intercourse with the woman during which he choked the woman three times.
Mr Gunathilaka has been in Australia for more than eight months.
The woman told police she was “too afraid to do anything” and she had only consented to sexual intercourse with the cricket star if he agreed to wear a condom.
The woman later found the condom on the floor beside the bed, according to police.
The court was told the sexual assault charge related to “stealthing”, the non-consensual removal of a condom during sex.
“There is no suggestion that there was any lack of consent or that our client was aware of any lack of consent,” Mr Thangaraj told the court on Monday.
Colombo (LNW): The Ministry of Finance has issued a new order relaxing certain limitations / suspensions imposed on outward remittances of foreign exchange, announced the Central Bank of Sri Lanka (CBSL).
In a statement, the CBSL noted that with a view to assist and maintain the financial system stability by minimising the pressure on the exchange rate and preserving the foreign currency reserve position of the country, the Minister of Finance has issued orders under Section 22 of the Foreign Exchange Act, No. 12 of 2017 (FEA) since 02.04.2020, to temporarily suspend / limit certain outward remittances.
PMD: President Ranil Wickremesinghe announced that the government will be unveiling a new tourist plan called ‘Visit Sri Lanka’ that will be released in the upcoming months. He claimed the proposal is in the final stages of development and would be made public as soon as it is complete.
President Wickremesinghe made this statement while attending the Award Ceremony and a Gala dinner of the ‘Bocuse d’Or 2023’ competition held at the Waters Edge Grand Ballroom yesterday (23) evening.
The government aims to bring in 5 million tourists, of whom 2.5 million will be high-end visitors, President Wickremesinghe said while emphasizing the industry as a significant economic driver. According to Indian estimates, Sri Lanka can host up to 10 million tourists, of whom most will be tourists from Asian and the Indian Ocean region, he continued.
Transformation of the tourism industry is required to make Sri Lanka competitive in the global travel market place and the government has recognized the potential in promoting the country as a tropical nation with a diverse culinary style. Hence attention will be given to develop the culinary tourism in the country, the President said.
The government is prepared to launch a Culinary School in collaboration with the private sector, the travel industry, and the hotel industry, the President added, noting that there is a need to train more personnel in the hospitality field, particularly in culinary tourism. Attention will also be paid to aid private Culinary Schools in accomplishing this task, he added.
The President expressed admiration for the late Mr. Merrill J. Fernando, a prominent business figure and founder of Sri Lanka’s renowned ‘Dilmah Tea’ brand. He praised Mr. Fernando’s valuable contributions to the country’s tourism industry.
President Ranil Wickremesinghe further commented;
There’s a void in our room. We all feel it. These functions would not have been possible without Merrill, and we meet here today for the first time without him. We all feel the loss, we all feel the sadness. For me, it’s also been a personal loss. All the articles on Merrill referred to the tea industry, Dilma, and what he had done. He made a similar contribution to the tourism industry; our hotels would not have been the same without him. I remember in the beginning, it was when I was Prime Minister in 2002, Merrill was one of those within a small circle. I used to consult on economic matters. That was the time Adrian Zecha had come. He was talking about tourism, how we could expand tourism.
And there was a Geoffrey Dobbs who came along talking about Boutique Hotels. This concept of Boutique Hotels came on how we could turn the planters’ bungalows into Boutique Hotels. Merrill used to follow it though he was not in the industry. And then I lost the election, I didn’t think we could see Boutique Hotels again, and one day Merrill came out and said, ‘Look, I am starting ‘Tea Trails,’’ and he invited me to one of the first Boutique Hotels, and he established such a standard that we can all be proud of him.
Later on, he went to Cape Weligama and set another standard. So you have to remember, not merely the contribution he made to tea, but also the contribution he’s made to tourism. He started the hospitality school in Kalkudah. I think I have been lucky enough as a politician.
For 40 odd years, I have been going around the country and eating different types of food. Yesterday I was in Anuradhapura, and we had a delicious tank fish curry. Some time back, I was in Trincomalee, and they gave me Biriyani with Venison. It was quite delicious. There was a time when you talked of Seaweed. I could tell a story that goes back about another 40 years when the hygiene standards outside the hotels were not that high. Today it is good everywhere, even in our small restaurants. It was not so in the 80s.
We once went to the Kalpitiya restaurants, which had the best crab curry on the West coast. So I went along with a few others, and we had this delicious crab curry. I think that was true. It was the best you could get on the West coast. Afterwards, we had a Seaweed jelly. This Seaweed jelly was made by the Muslim ladies from a recipe left behind by the Portuguese. So if you go there to Kalpitiya, you can learn how to make Seaweed jelly. Before I left, I asked them why they don’t have a white tablecloth, why they had one that was a yellow mustardy colour. And then they told me that the tablecloth hadn’t visited the laundry for some time. So despite these risks, it’s really worth going around Sri Lanka. It’s how you can make fusion food.
So, I think that’s one of the reasons why we are now on a new journey. Because once we hit rock bottom and we are bankrupt, and as we are coming out of it, we still need sufficient foreign exchange. All of that won’t come easily. Some of the debt carries with it repayment terms and investments, while one source that doesn’t incur debt is tourism; through tourism, you can earn this money.
So the question is, how much can we earn from tourism which dropped last year? What will it be this December and next year? We want to go ahead. 2.5 million tourists are not enough. We are now aiming for 5 million, of which 2.5 million should be high-end tourists. Indian estimates are that Sri Lanka can take up to 10 million tourists, most of them from Asia and the Indian Ocean region.
So there will be a change. But we have to ensure that we go upmarket. If you want, today you find a fast turnover staff. Most of the young people here who took part in the competition will most probably be serving outside of Sri Lanka in about another three years’ time. If you want to keep them, we have to at least match the salaries of the Maldives hotels. If you have to match the salaries of the Maldives hotels, then you must charge the same as Maldives hotels. To charge so, you must give that service, and that is essential.
Now, if you’re looking at 5 million tourists or 10 million tourists, there have to be different types of tourism. And one that we can do well is culinary tourism. And that’s what we should focus on. Not merely in our hotels, but any place. And if you’re having culinary tourism, remember, bulk is going to come from Asia. So there has to be fusion food from different parts of Asia, not only Europe. That’s what we should focus on.
Therefore, I think we must now train more and more personnel in the hospitality field, especially in the field of tourism and culinary tourism. So let’s get ready for it. I have been talking with some of my planners and others, and we feel, firstly, we have to upgrade our hotel school, and it must become a genuine hotel school. But more than that, together with the private sector, the travel industry, the hotel industry, the government is prepared to start a culinary school just for that, for large numbers. But you can’t stand on the side and say, let the government do it. Then you know what you will get. So, therefore, if you all get together, we will plan that. And some of the private culinary schools are there. I said we’ll see how we can help them too. It doesn’t matter whether it’s a government school or a private school, as long as they do it.
We are prepared to go ahead and back them. I will talk with the industry.
We’ll be announcing a new tourism plan called ‘Visit Sri Lanka,’ which will most probably be released in August or September. We are giving the final touches, but you are ready to go along. So at this stage, first, I have to thank all those, especially all of you who have organized this competition this time, and you’ve been doing it for a long time. I hope Bocuse d’Or will not only be organizing the competitions here, but they will also help us to set up a good culinary school. You all are always welcome to raise our standards. There is a good future. Let’s train more and more people, and let’s all get used to it. Not merely in hotels, but the time will come when most of you will be running restaurants or supplying food. And that’s what the trade has to be. Services have taken over. This is now an important part of our economy. And like an army, the travel industry also marches on. It travels on its stomach. So let’s look after the stomach. Others will look after the tablecloth.
Bocuse d’Or 2023 competition is an esteemed culinary event of global repute, which serves as a beacon for showcasing the exceptional talents and skills of renowned chefs from around Sri Lanka. Previous Bocuse d’Or winners have been victorious in representing Sri Lanka on the international stage in Lyon, France. The judging panel of Bocuse d’Or 2023 comprised esteemed culinary experts, including the globally renowned Chef Otto Weibel and Chef Frank Widmann, evaluating the dishes based on their exquisite taste, impeccable presentation, and outstanding originality.
President Ranil Wickremesinghe and Chief of Staff and National Security Advisor to the President Sagala Ratnayaka presented trophies and certificates to the Bocuse d’Or 2023 Competition winners.
First Lady Prof. Maithree Wickramasinghe, Chief of Staff and National Security Advisor to the President Sagala Ratnayaka, The French Ambassador to Sri Lanka Jean-François Pactet, President of Bocuse d’Or Sri Lanka Rohan Fernandopulle, CEO of Dilmah Tea Dilhan C. Fernando esteemed culinary experts and personnel representing the hospitality industry attended the event.
Colombo (LNW): The Railway Engine Drivers’ Association has decided to call off the strike action this (24) afternoon, following discussions with the authorities.
The trade union action was launched in objection to an issue pertaining to the engine drivers’ roster, and a number of train trips were cancelled since yesterday (23).
Fitch Ratings-Colombo/Sydney-24 July 2023: The Sri Lankan government’s debt restructuring plan is likely to reduce investment and liquidity risks for domestic insurers, Fitch Ratings says.
Fitch expects pressure on insurers’ investment and capital profiles to ease as the proposed plan will not have direct impact on the local-currency government debt holdings of insurers, banks and non-banking financial institutions. Nonetheless, the proposal is only one aspect of the sovereign’s (Long-Term Local-Currency Issuer Default Rating: C) debt sustainability plan. Ratings on Sri Lankan insurers remain on Rating Watch Negative (RWN) amid high investment and liquidity risks, pressure on regulatory capital positions and a weak financial performance outlook, which could undermine insurers’ credit profiles relative to other entities on the national ratings scale.
Insurers’ holdings of Sri Lanka Development Bonds (SLDBs), which are foreign-currency denominated but governed by local law, will be affected by the debt restructuring proposal, as we expected. However, restructuring of the sovereign’s foreign debt, including international sovereign bonds (ISB), has yet to be finalised. Among Fitch-rated insurers, only a few have exposure to SLDBs or ISBs, which accounted for less than 5% and 0.2%, respectively, of the total invested assets of Fitch-rated insurers at end-March 2023.
The government has presented three treatment options for SLDBs, with the impact of any present-value losses on capital dependent on the treatment each insurer chooses. However, we believe that the satisfactory capital buffers maintained by Fitch-rated insurers would help to cushion any negative impact from the losses.
The investment and liquidity risk profiles of Sri Lankan insurers are closely linked with the sovereign, banks and non-bank financial institutions (NBFI) as their investment portfolios are dominated by fixed-income securities issued or guaranteed by the government (47% of invested assets at end-March 2023), corporate debt (21%) and deposits with local banks and NBFIs (10%).
The government’s domestic debt restructuring proposal excludes banks’ holdings of Sri Lankan rupee-denominated treasury securities, which will ease pressure on banks’ already stressed credit profiles. Fitch continues to maintain all ratings on domestic banks and NBFIs on RWN due to the heightened near-term downside risks to their credit profiles from capital, funding and operating environment risks.
We expect the sparse foreign-currency liquidity in the local banking system to continue to limit insurers’ ability to meet foreign-currency obligations, such as reinsurance payments and claim obligations arising from the small portion of foreign currency-denominated policies. Fitch-rated insurers’ foreign-currency insurance contract obligations are mostly reinsured. Fitch-rated insurers also have foreign-currency deposits with local banks to support their foreign-currency obligations.
Colombo (LNW): A two-thirds majority in Parliament and a referendum will be required to reconvene the Local Government bodies, were the private MP’s bill tabled by Ruling Party MP Jayantha Ketagoda to be considered, the Attorney General’s Department told the Supreme Court today (24).
This was when the petitions filed against Ketagoda’s private bill were taken up before the Supreme Court bench today.
The Additional Solicitor appearing for the AG’s Office told the Court that the provisions of the Constitution of Sri Lanka are being violated through certain clauses in the bill presented by the MP seeking amendments to the Municipal Ordinances on urban councils and municipal councils.
27 petitions were filed before the Supreme Court demanding that a verdict be produced that the provisions contained in the bill in question are in violation of the Constitution.
The bill in question tabled by Ruling Party MP Jayantha Ketagoda met with immediate backlash from a number of concerned parties, including civil movements and the Opposition, alleging that certain politicians publicly disowned not very long ago are still pulling the strings behind the curtain to regain power.
PMD: In a significant diplomatic engagement, Yuan Jiajun, member of the CPC Central Committee Political Bureau and Secretary of the CPC Chongqing Municipal Committee, paid a courtesy call on President Ranil Wickremesinghe on Saturday at the Presidential Secretariat.
During the meeting, President Wickremesinghe presented Sri Lanka’s ambitious development plans, with a primary focus on enhancing connectivity with the rest of Asia. Emphasizing the importance of regional cooperation, the President outlined how these plans would foster economic growth and facilitate increased trade and investment opportunities.
Moreover, President Wickremesinghe briefed the Chinese delegation on the commendable progress being made in the country’s debt restructuring efforts. He expressed his confidence that upon successful completion of the restructure, several halted development projects would resume promptly, further bolstering the nation’s economic development.
The Chinese delegation appreciated the President’s steadfast efforts to stabilize Sri Lanka’s economy amid challenging circumstances. They expressed optimism and confidence in the country’s future economic growth trajectory.
Accompanying President Wickremesinghe in the meeting were Chief-of-Staff Sagala Ratnayaka and the Director of International Affairs, both of whom played crucial roles in the discussions and diplomatic engagements.
Foreign Minister Yoshimasa Hayashi plans to visit six Asian and African countries to strengthen cooperative ties with so-called Global South nations.
Speaking at a press conference Friday, Hayashi said the trip will take place from the end of this month into early August and include visits to India, Sri Lanka, Maldives, South Africa, Uganda and Ethiopia — all of which are deemed to be emerging and developing nations.
“To realize a free and open Indo-Pacific, we intend to strive even harder to strengthen ties with countries in southwest Asia and Africa,” Hayashi said.
While in India, Hayashi will meet with Prime Minister Narendra Modi, and is expected to deliver an address at the Japan-India Forum, with government officials and business leaders in attendance.
In economically unstable Sri Lanka, meanwhile, Hayashi will discuss the country’s debt problems.
Hayashi also aims to foster friendly ties with South Africa and Uganda — both of which are strongly pro-Russia — by deepening cooperation in the field of food security.
Hayashi’s trip will mark the first time for a sitting Japanese foreign minister to visit Uganda.
Colombo (LNW): One in every three loans provided to small and medium enterprises (SMEs) in Sri Lanka by lending institutions in 2022 was by the Commercial Bank of Ceylon, recently released official Government figures reveal.
This emphatic reaffirmation of Commercial Bank’s status as the largest lender by far to the country’s SME sector comes in the 2022 Annual Report of the Ministry of Finance, which shows that the Commercial Bank accounted for 34.2% of the total loans provided to the SME sector by commercial and specialised banks.
Commercial Bank lent Rs. 195.852 billion out of Rs. 619.891 billion in loans provided to SMEs by the 18 institutions in 2022, while the number of loans granted by the Bank was 43,427 from the total of 126,899 loans granted in the reviewed year.
Commercial Bank’s contribution was particularly evident in the industries category, with the Bank accounting for more than half of the total number of loans provided to the category by all banks.
Commercial Bank’s Managing Director/ CEO Sanath Manatunge said. The bank’s financial experience built on decades of prudent management, and our adherence to core values and fundamentals definitely add value in catering to these customers.”
He said the Bank objectively assesses the financial requirement of SMEs and seeks lending opportunities in targeted segments such as exports, local manufacture and import substitution industries, to which financial assistance is extended through the concessionary credit lines secured by the Bank.
In order to revitalise businesses that are under-performing due to various reasons, the Bank setup a Business Revival and Rehabilitation Unit in 2020 to proactively support businesses that show early warning signals.
During the year under review, the special unit assisted many SMEs while providing support services to regenerate their momentum.
SMEs have also faced difficulties in sustaining their operations due to other factors, including the shortage of foreign currency reserves, import restrictions, supply disruptions and resource mobilisation limitations in the reviewed year.
The Bank said it has adopted a systematic approach to help manage various challenges, creating fair opportunities for all customers.
The Bank has made significant contributions to develop the businesses of SMEs by conducting capacity building programs, creating value chains, creating networking opportunities, conducting trade fairs and encouraging SMEs to go digital.
.Commercial Bank recently launched a comprehensive Business ecosystem branded ‘Commercial Bank LEAP GlobalLinker’ – a digital platform designed to help businesses, particularly small and medium-sized enterprises, to transition to the global market by digitising and networking with other businesses across borders.
Colombo (LNW): Indian Billionaire Gautam Adani’s conglomerate is set to invest heavily in renewable energy and port development projects in the island pledging to set up a green hydrogen plant in Sri Lanka, where his conglomerate is already developing a container terminal and a 500 MW wind project.
Adani met visiting Sri Lankan President Ranil Wickremesinghe to discuss ongoing projects and the new venture.
The Adani Ports and Special Economic Zone (APSEZ) is developing a US$ 700 million container terminal at Colombo Port, which is a major transshipment hub in South Asia.
The Adani group is also developing the Vizhinjam seaport project in Kerala, just 176 nautical miles from the Colombo port.
The conglomerate’s renewable energy firm, Adani Green Energy, is setting up two wind projects of 286 MW in Mannar and 234 MW in Pooneryn at an investment of $500 million. The projects are to be completed by December 2024.
The Adani Group’s recent meeting with the Minister of Energy marks the first formal dialogue since US-based Hindenburg Research made allegations against the Indian conglomerate, which it has categorically denied. T
he Adani Group’s venture into the country’s energy sector complements its previous investments in the port of Colombo’s Western container terminal. Gautam Adani, the group’s chief, met with former Sri Lankan President Gotabaya Rajapaksa in October 2021 to discuss the company’s investment plans in the country following the Colombo port deal.
This deal represents Sri Lanka’s first major foreign investment since it declared bankruptcy following an economic crisis last year. According to a statement from the Sri Lankan Board of Investment, the project will create between 1,500 and 2,000 new jobs.
The announcement comes as Sri Lanka is grappling with rolling power outages, resulting from the country’s struggle to generate adequate amounts of thermal and coal power.
This has spurred the government to expedite the development of renewable energy projects. In an effort to secure a $2.9 billion bailout from the International Monetary Fund (IMF) as it struggles to navigate its worst financial crisis in over seven decades, the island nation has increased power prices by a significant 66%recently.
At Colombo Harbour, the only deep-sea container port between Dubai and Singapore, the company is constructing a 1.4-kilometre, 20-meter-deep jetty immediately adjacent to a Chinese-operated terminal.
The development follows a stock crash in which Adani Group lost $120 billion in market capitalisation after the US-based investment research firm Hindenburg accused the company’s subsidiaries of accounting fraud and price manipulation in January 2023.
In 2019, a Chinese company was given a USD 12 million contract from the Asian Development Bank to construct three wind farms on islands in the Palk Strait, which separates India and Sri Lanka. However, New Delhi objected to the proposal, and it was cancelled.
