WARNING: Graphic
A former govt threatened to sue Cricket Australia and bemoaned to police that intercourse offence allegations had been “vindictive” and impacted his profession, a courtroom has been advised.
On Christmas Day in 2020, Timothy Whittaker was arrested and interviewed over an allegation he had sexually touched a sleeping colleague after a employees occasion.
The following yr one other man got here ahead with an analogous allegation courting again to January 2016, saying he had initially given Mr Whittaker the good thing about the doubt however questioned the occasions years later after listening to rumours.
Mr Whittaker has strongly denied the allegations and is combating two prices in a contested listening to earlier than the Melbourne Magistrates’ Court.
On Friday, the recording of his 2020 police interview was performed to the courtroom as Detective Leading Senior Constable Sonja Cameron mentioned he had ignored a request for a second interview.
In the video, he denied the complainant‘s version of events that included him waking up in Mr Whittaker’s mattress after passing out on his sofa following a March 2019 end-of-year employees occasion.
It’s alleged he had pulled down the person’s pants and was “jerking” his penis.
“I wouldn’t do something like that ever,” he mentioned.
“It’s not true and it makes me angry to hear that.”
He advised police he wakened about 5.30am as the person left, texting him phrases to the impact of “are you OK”, saying he was involved for his welfare.
“He rang me and sounded distraught. I said I couldn’t understand you and he hung up,” he mentioned.
Police allege Mr Whittaker then despatched the person a number of textual content messages saying: “You just can’t ring me and say that mate.
“Sorry but what the f–k, there’s no f–king way I was doing that dude.”
Mr Whittaker responded that whereas the cellphone name was incomprehensible, he might inform the person was “accusing me”.
He additional advised police he had employed a defamation lawyer and despatched a letter to Cricket Australia after rumours of sexual misconduct acquired him “terminated” from later jobs on the International Cricket Council and Australia Post.
“I can‘t help but feel it’s vindictive and it’s following me … In terms of having an impact on my employment,” he mentioned in 2020.
The courtroom was advised a second Cricket Australia worker contacted the affiliation’s human sources in December 2021 to element an alleged incident from January 2016.
Former individuals and tradition supervisor Louise Lee mentioned the person advised her he’d “heard Tim was in some trouble” and felt he ought to come ahead.
“He said to me he had heard rumours of this happening to others … he wasn’t clear on the context,” she mentioned.
The allegation was referred to police, with the courtroom being advised it was alleged Mr Whittaker groped the person, once more in his mattress, following an evening of heavy consuming in Melbourne.
Mr Whittaker’s barrister, Dermott Dann KC, has flagged he’ll apply for the allegation to be thrown out on a no-case foundation, saying from the person’s personal account there’s no proof Mr Whittaker was awake.
“He said he believed for years he was asleep,” Mr Dann mentioned.
“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.”
Mr Dann advised the courtroom that whereas the complainant’s model of occasions was disputed, even on his proof the prosecution was unable to show that Mr Whitaker was awake when the alleged offence occurred.
Under Victorian regulation, prosecutors should show an accused particular person made a acutely aware, voluntary and deliberate resolution to the touch the complainant.
The listening to, earlier than Justice of the Peace Timothy Gattuso, continues.
Source: www.perthnow.com.au
