Cricket Australia’s former communications head should wait till subsequent month to search out out his destiny over allegations he took benefit of two younger males whereas they had been intoxicated and weak in his house.
On Tuesday, each prosecutors and defence delivered their closing remarks following a week-long contested listening to of allegations in opposition to Timothy Whittaker, 38.
Mr Whittaker has pleaded not responsible to 2 costs of sexually touching two sleeping colleagues with out their consent on separate events in January 2016 and March 2019.
Prosecutor Sharn-Adelle Coombs instructed the Melbourne Magistrates’ Court that whereas the case boiled down “essentially word on word”, Magistrate Timothy Gattuso ought to discover Mr Whittaker responsible of the alleged offending.
“These two young men, years apart, experienced a strikingly similar experience,” she mentioned.
“Both found themselves alone with him and both to their shock woke up to Mr Whittaker (allegedly) touching their penises.
“And both witnessed him pretend to be asleep.
“You can and should believe what they say, what they told Your Honour happened to them.”
But his barrister, Dermot Dann KC, instructed the court docket there have been “fatal” obstacles to the 2016 allegation.
“On this man’s version he’s not in a position to say, based on his observations at the time, that Mr Whittaker was awake,” he mentioned.
“In fact he’s saying the opposite, he’s saying he believed Mr Whittaker was asleep. It’s all fatal to the prosecution case.”
Under Victorian regulation, prosecutors should show an accused individual made a acutely aware, voluntary and deliberate choice to interact within the sexual offending.
Mr Dann instructed the court docket there was nothing corroborating the alleged sufferer’s account and mentioned his testimony contained key inconsistencies.
He instructed the court docket the 2019 allegation contained “glaringly improbable” accounts, together with the allegation he woke when his penis was touched however not when he was moved from the sofa.
“We can’t close our eyes to the sheer unbelievability of it,” he mentioned.
“You’ve got a man of good character giving evidence in the case of a prosecution case beset with issues.
“We say you should be finding this man not guilty of both charges.”
Mr Whittaker denied the alleged occasions, saying he slept on his personal sofa that night time, whereas the alleged sufferer and a buddy took his mattress.
The court docket has heard one man contacted Cricket Australia’s human assets division in March 2019 following an finish of season employees celebration.
He was amongst a gaggle of workers that continued again to Mr Whittaker’s Abbotsford house for a nightcap, the place he fell asleep on the accused man’s sofa.
Around 5.30am he allegedly awakened in Mr Whittakers’ mattress as Mr Whittaker “jerked” his penis.
Responding to the allegation, Mr Whittaker denied touching the person and mentioned when he went to mattress the person was nonetheless on the sofa.
He instructed the court docket he woke as much as hear his entrance door closing as the person left.
The second alleged sufferer contacted Cricket Australia in December 2021, alleging he woke in Mr Whittaker’s mattress in January 2016 following an evening of heavy consuming.
Mr Whittaker allegedly had his arms down the person’s pants and was “rubbing” his penis.
Giving proof earlier than the court docket, the person mentioned he had initially given Mr Whittaker the “benefit of the doubt” and believed he was asleep, however reconsidered after listening to rumours of comparable occasions.
He mentioned he now believed Mr Whittaker was pretending to be asleep.
Mr Gattuso mentioned he would want time to think about the proof and arguments, adjourning judgment on the case till June 1.
Mr Whittaker will return to court docket on that date.
Source: www.perthnow.com.au
