Text messages despatched by a former senior Cricket Australia worker after a colleague accused him of sexual assault have been learn to a courtroom.
Timothy Joseph Whittaker, 38, took the stand on the Melbourne Magistrates’ Court on Monday at his contested listening to for 2 allegations of inappropriate sexual touching with out consent.
Mr Whittaker, Cricket Australia’s former communications head who spoke for the organisation in the course of the Cape Town ball tampering scandal in 2018, has pleaded not responsible and denies the allegations.
He stands accused of touching two colleagues’ penises in separate alleged incidents in January 2016 and March 2019.
Both males have claimed they allegedly awoke in Mr Whittaker’s mattress, after nights of heavy consuming, to search out him rubbing their penises.
Prosecutor Sharn-Adelle Coombes learn a number of textual content messages despatched by Mr Whittaker to 1 man shortly after he left the accused man’s residence about 5.30am.
She informed the courtroom Mr Whittaker texted the person at 5.36am saying; “yo where are you?”, earlier than receiving a short cellphone name in response.
Minutes later he fired off extra messages studying: “You just can’t ring me and say that mate”.
“Sorry but what the actual f–k,” the message learn.
“Come up and have a drink… there’s no f–king way I was doing that dude.
“You can’t just say that s–t and hang up.”
Under cross-examination Mr Whittaker agreed he despatched these texts however stated it was to “gather more information”.
“(From the phone call) I knew he was accusing me of something, but I couldn’t make it out,” he stated.
“It was shocking… I wasn’t comprehending. I wanted to follow up with him and see if we can talk about this.”
He informed the courtroom he was barely awake on the time and “processing” what was alleged, saying it was a “dumb call” to ask the person up for a drink.
Mr Whittaker informed the courtroom he didn’t have a sexual curiosity within the complainants and denied even being in mattress with both man.
He stated within the first alleged incident, in 2016, he slept on the sofa whereas the person and a pal took his mattress, whereas in 2019 he slept in his mattress after the alleged sufferer fell asleep on his sofa.
Earlier, the courtroom heard the primary complainant stated didn’t report the alleged incident till 2021 as a result of he believed Mr Whittaker was asleep and gave him the advantage of the doubt.
He informed human assets at Cricket Australia in December 2021 he now suspected Mr Whittaker was pretending to be asleep after listening to “rumours” of different complaints.
The second complainant informed the courtroom he had no reminiscence of allegedly shifting from Mr Whittaker’s sofa to his mattress following an finish of season Cricket Australia social gathering in March 2019.
He claimed when he awoke, Mr Whittaker allegedly rolled over and pretended to be asleep.
Ms Coombes informed the courtroom there was a “stark similarity” between the 2 allegations.
“The complainants are unknown to each other, there’s no suggestion they have spoken or have any knowledge of each other,” she stated.
On Monday, Magistrate Timothy Gattuso rejected a no-case submission by Mr Whittaker’s barrister, Dermot Dann KC, to search out his consumer not responsible of the primary allegation.
He had argued that, whereas the defence didn’t concede there was sexual touching, the prosecution had not confirmed Mr Whittaker was awake when the alleged act occurred.
“He (the alleged victim) said he believed for years he was asleep,” Mr Dann stated.
“His ultimate position is, because he’s heard a rumour, he’s changed his mind. The defect goes to a central element of the case.”
Under Victorian legislation, prosecutors should show an individual accused of sexual offending made a acutely aware, voluntary and deliberate resolution to have interaction within the conduct.
But Ms Coombes argued the proof of the alleged sufferer was that Mr Whittaker allegedly had his hand down the complainant’s pants and made a “deliberate movement”.
The listening to continues.
Originally revealed as ‘You can’t simply say that’: Ex-Cricket Australia government Timothy Whittaker’s texts after intercourse assault accusation
Source: www.dailytelegraph.com.au
