Former Cricket Australia executive charged with sexual assault of employee, second man

A former high ranking Cricket Australia executive who served during the infamous sandpaper gate scandal faced court on two separate sexual assault charges.

Timothy Whittaker fronted Melbourne Magistrates’ Court on Thursday.

A former senior Cricket Australia executive is facing the possibility of jail time if convicted of two separate sexual assault charges involving a male colleague and another male cricket employee.

Timothy Whittaker, 37, a trusted, long-serving Head of Communications at Cricket Australia who served under chief executives James Sutherland and Kevin Roberts, was before the Melbourne Magistrates’ Court on Thursday charged with the two unrelated counts of sexual assault.

The first related to the alleged assault of a younger Cricket Australia employee in March 2019, and the second charge involved a different younger male cricket worker employed at Cricket Victoria, in January 2016.

Mr Whittaker’s lawyer, Mark Sturges, indicated that he will enter a not guilty plea and will contest both charges. The matter has been adjourned for a seven-day hearing on May 1 next year at the Melbourne Magistrates’ Court.

A special mention will take place beforehand on April 28.

Whittaker had a composed and relaxed demeanour in the courtroom. He had his legs crossed for a lot of the hearing and was wearing a mask throughout.

Whittaker was charged with two unrelated counts of sexual assault. Picture: Mark Stewart

Whittaker was a senior figure at CA who travelled to Cape Town as Sutherland’s advisor in the wake of the Sandpapergate Scandal in 2018, and later that year was also privy to Cricket Australia’s Integrity unit investigation into captain Tim Paine over a sexting scandal.

The Prosecution argued Whittaker’s moral culpability was high given he was essentially in an executive role in cricket, however it was accepted by the Court that Whittaker was not working in a role of authority above either of the two men.

It was accepted by the Court that the second alleged victim from January 2016, did not work directly with Whittaker given Cricket Australia and Cricket Victoria are separate organisations.

Magistrate Metcalf told the Court she accepted the submission of the prosecution that Whittaker’s alleged offending represented elements of predatory behaviour, although prosecutors did not allege it was prolonged behaviour.

In both instances, the Court heard from the prosecutor that the two men were allegedly incapable of consenting due to their state of consciousness and intoxication and were completely vulnerable without an opportunity to defend themselves in an environment where they should have felt safe in the home of a work associate.

Whittaker at a Cricket Australia press conference in 2018. Picture: AAP/Luis Ascui

The Court heard the two alleged incidents were embarrassing and traumatic for both men.

If found guilty, Whittaker could face up to 10 years in prison.

On Thursday, the Court heard the alleged assault of the Cricket Australia male co-worker took place at Whittaker’s private residence in Melbourne following a party in the first half of 2019.

After a night of drinking at Half Acre Bar in Port Melbourne, the court heard that the alleged victim and others came back to Whittaker’s place to continue drinking.

Later in the evening, other guests went home, leaving behind only the alleged victim, who had fallen asleep on Whittaker’s couch fully clothed.

The court heard the alleged victim later woke up to Whittaker feeling his penis and giving him a hand job.

When the alleged victim saw that Whittaker was the only other person on the bed at the time, Whittaker was allegedly pretending to be asleep.

The alleged victim immediately left the residence before receiving a text asking where he was.

Not familiar with the phone number, the alleged victim phoned back thinking it might be another friend, but upon learning it was Whittaker on the other end of the line, got verbally angry towards the accused.

Whittaker said he didn’t know what he was talking about and invited him back for another drink. The alleged victim hung up on the accused.

The matter was reported to police and Whittaker denied committing the alleged offence.

In the wake of that charge being levelled in the Melbourne Magistrates’ Court late last year, another man came forward with a new complaint and Whittaker was subsequently charged with another assault of sexual assault involving a different male cricket employee, occurring three years earlier in January 2016.

Timothy Whittaker (R) with former Cricket Australia CEO James Sutherland (L) in 2017. Picture: Quinn Rooney/Getty

Whittaker and the second alleged victim had known each other for two years prior to the alleged incident occurring in January 2016, again after a night of drinking at a Melbourne Hotel.

The court heard the alleged victim and one other person went back to Whittaker’s residence and the alleged victim felt drunk and decided to go to bed – stripping down to underpants and a shirt before getting into bed.

The Court heard the man woke to the feeling of movement in his underpants and a hand stroking his penis.

When the alleged victim stirred and turned the hand had moved away.

After years of giving Whittaker the benefit of the doubt over what had occurred, the second victim becoming aware that allegations had been made against Whittaker from the incident in March 2019.

On October 21, the second alleged victim spoke to Cricket Australia about what had occurred and the man subsequently made a statement to police, ultimately leading to the second charge being laid.

Whittaker declined to be interviewed by police over the second alleged incident.

The Court heard Whittaker had a problem with alcohol but had abstained from drinking for 12 months and was also working with a psychologist.