A former Cricket Australia government allegedly sexually assaulted a employees member following an finish of yr occasion, a court docket has heard.
Timothy Joseph Whittaker, 38, is dealing with a contested listening to within the Melbourne Magistrates’ Court over allegations he sexually touched two males with out their consent.
He has pleaded not responsible to each prices.
On Wednesday, the court docket heard from two former Cricket Australia employees members who stated they’d gone again to Mr Whittaker’s condominium within the early hours after an occasion.
Justin Larkin instructed the court docket that after the perform completed, a lot of folks went to a Melbourne resort to proceed ingesting.
Both witnesses instructed the court docket when the venue closed, a number of have been invited to Mr Whittaker’s condominium to proceed the celebrations.
Mr Larkin stated by about 4.30am it was solely him, Mr Whittaker and the alleged sufferer, who was asleep on the sofa, remaining.
He stated he left about 5am.
The court docket heard each witnesses woke after 11am to search out missed calls and voicemails from the alleged sufferer at about 5.30am.
“They were all from (the alleged victim) saying that something really f … ed up had happened at Tim’s,” former Cricket Australia worker Jane Livesey stated.
Both witnesses instructed the court docket they spoke with the alleged sufferer who claimed he wakened in Mr Whittaker’s mattress.
“He sounded very nervous, very scared not knowing what to do,” Mr Larkin stated of the dialog.
“He told me Tim had (allegedly) sexually assaulted him … I was pretty shocked.”
Under cross-examination from Mr Whittaker’s barrister, Dermot Dann KC, each Mr Larkin and Ms Livesey stated the group had been intoxicated and the group had been “touching in the spirit of friendship”.
Mr Larkin, underneath cross-examination, admitted his characterisation that Mr Whittaker “freaked out” when the alleged sufferer woke was his interpretation of the knowledge he heard.
“He told me he (Mr Whittaker) rolled over and pretended to be asleep,” he stated.
Both witnesses instructed Mr Dann there was nothing inappropriate about Mr Whittaker’s behaviour whereas they have been current.
An picture exhibited to the court docket confirmed 4 people, recognized by each witnesses as themselves, Mr Whittaker and the alleged sufferer, cuddled up on a small sofa.
Over Tuesday and far of Wednesday the listening to heard proof from each alleged victims in a closed court docket.
The different alleged incident the place Mr Whittaker is accused of sexually touching a person with out his consent is alleged to have occurred greater than three years earlier in January 2016.
The contested listening to, earlier than Magistrate Timothy Gattuso, will proceed on Thursday.
Source: www.perthnow.com.au
