Prosecutors have known as for a former Cricket Australia govt to be jailed over his “predatory” groping of two colleagues.
Timothy Joseph Whittaker, 38, returned to the Melbourne Magistrates’ Court on Monday after he was discovered responsible on two counts of intentional sexual touching with out consent final Friday.
Prosecutor Sharn-Adelle Coombs instructed the court docket Whittaker ought to obtain a time period of imprisonment for the offending and known as on Magistrate Timothy Gattuso to register him as a intercourse offender.
“These were two incidents of opportunistic and somewhat predatory behaviour,” she mentioned.
“Two adult males that were completely vulnerable … They were entitled to feel safe in the home of a trusted friend or colleague.
“A clear message needs to be sent to the community that this type of offending won’t be tolerated.”
Whittaker was charged after two males got here ahead, detailing to police comparable experiences of waking up in his mattress after an evening of heavy ingesting to seek out the previous head of communications touching their penises in 2016 and 2019.
In a sufferer affect assertion learn to the court docket, one man mentioned the sexual assault had led to years of psychological well being issues.
“I tried to convince myself it didn’t (happen), it was easier to do this than face what happened,” he mentioned.
“But the reality kept eating away on me.”
Whittaker’s barrister, Dermot Dann KC, argued Mr Gattuso ought to impose a neighborhood corrections order against imprisonment.
“I can’t assist you with the circumstances of this offending because Mr Whittaker maintains his innocence,” he mentioned.
“We understand your honour’s finding of the touching and we don’t argue with that, at this point.”
He instructed the court docket the incidents have been restricted to a interval in Whittaker’s life the place he was affected by psychological well being issues and private loss.
“He’s worked really hard at his rehabilitation despite setbacks such as losing his employment,” Mr Dann mentioned.
He mentioned Mr Whittaker had developed an issue with alcohol whereas employed at Cricket Australia, as a result of high-stress nature of the job and a “fairly disturbing workplace environment of alcohol use”.
Earlier, the court docket heard the primary man complained to Cricket Australia’s human sources division in March 2019 following an finish of season workers social gathering.
He was amongst a gaggle of staff that continued again to Mr Whittaker’s Abbotsford condominium for a nightcap, the place he fell asleep on Whittaker’s sofa.
Around 5.30am he wakened in Mr Whittaker’s mattress along with his pants eliminated, feeling his penis being “jerked”.
The second sufferer got here ahead in 2021, saying he woke in Whittaker’s mattress in January 2016 following an evening of heavy ingesting.
Whittaker had his fingers down the person’s pants and was “rubbing” his penis.
In his testimony, he instructed the court docket he had initially given Whittaker the “benefit of the doubt” and believed he was asleep, however reconsidered after listening to rumours of comparable occasions.
A Cricket Australia spokesman mentioned the organisation was “appalled” by the offending.
“We will continue to support the victims as we have done since these offences came to our attention,” the spokesman mentioned.
“We commend their bravery in coming forward to report these crimes and hope the verdict today provides them with a sense of vindication and closure.”
Mr Gattuso will sentence Whittaker on Friday.
Source: www.perthnow.com.au
