Sexual assault investigation: Cricket Australia gave Whittaker formal warning for conduct in 2018

Fresh details have emerged in the sexual assault case involving a former Cricket Australia executive - with CA’s own integrity unit giving the same man a formal warning months earlier.

Former Cricket Australia head of communications Tim Whittaker leaves Melbourne Magistrates Court. Picture: Mark Stewart

The microscope is again on the integrity of Cricket Australia following accusations a former executive was investigated by the sport for inappropriate conduct towards an employee just months before an incident with a different colleague that is now the matter of a sexual assault trial.

Tim Whittaker, a trusted, long-serving communications boss, is currently before the Melbourne Magistrates’ Court charged with two unrelated counts of sexual touching without consent, including one stemming from an alleged assault of a former CA employee in March, 2019.

Whittaker intends to defend the charges, which have been set down for hearing on May 1 next year.

News Corp can exclusively reveal that only months before the March 2019 complaint, Whittaker had been investigated by CA’s integrity department over an alleged incident involving a different male employee on an Australian men’s cricket tour of the UAE in October 2018.

This alleged incident was not a matter that was investigated by police and is not one of the charges Whittaker is facing.

CA’s integrity unit investigated an alleged incident in the UAE in October 2018, which involved a heavy night of drinking between Whittaker – one of the most senior CA officials on tour - and another member of staff.

It occurred at the Australian team hotel in Abu Dhabi, the night before Australia’s second Test against Pakistan.

It was alleged Whittaker’s behaviour made the man feel uncomfortable and in the days following sent text messages allegedly pressuring the victim not to mention the night to anyone.

News Corp understands that once an internal CA investigation was completed into what had taken place in Abu Dhabi, Whittaker was put on gardening leave by CA bosses for a number of weeks.

Whittaker also provided a written apology to the member of staff before returning to work and was asked to delete a video taken on the night.

A Cricket Australia spokesperson confirmed the investigation into Whittaker.

“CA can confirm the Integrity Unit investigated an incident involving Tim Whittaker in 2018. As a result of the investigation, Whittaker was given a formal warning over both his conduct and excessive consumption of alcohol,” said the statement.

“In relation to the two separate alleged incidents involving Whittaker that have led to sex assault charges, we have been supporting current and former staff members who have been affected directly and indirectly.

“Cricket Australia has no tolerance for any form of abuse and is committed to ensuring a safe environment for all staff, participants and their families in all their interactions with the game.

“These include Integrity Hotline and reporting channels and our Respect@Work policy. Our confidential Cricket Integrity Hotline can be contacted anytime on 1300 FAIR GAME (1300 3247 4263) or at [e-mail].”

Whittaker (R) with former Cricket Australia CEO James Sutherland (L) in 2017. (Photo by Quinn Rooney/Getty Images)

Whittaker’s absence was explained to members of staff and the media at the time as ‘burn out’ from his busy work schedule.

News Corp does not allege Whittaker was a direct boss of the other man involved in the integrity unit investigation in the UAE in 2018.

When Whittaker did return to work, CA did not separate him from the staffer who had made the complaint against him in the UAE, and they continued to cross paths in the same work environment at Test matches during the 2018-19 summer.

Kevin Roberts was the Cricket Australia chief executive at the time but declined to comment when contacted by News Corp on Friday.

By the end of that summer, Whittaker had accepted a job to go and work for the International Cricket Council in Dubai, and was farewelled at CA’s end-of-year staff party on March 15, 2019 and in a speech on the night was hailed as an outstanding CA employee.

The ICC since confirmed to News Corp they rescinded his job offer once made aware of the sexual assault allegations arising from March 2019.

It can be revealed CA notified the ICC immediately after the employee came forward with the March 2019 complaint and the job offer was rescinded within a week.

In the early hours of March 16, police allege Whittaker sexually assaulted a fellow CA staffer at a residence in Melbourne.

In the wake of that charge being levelled in the Melbourne Magistrates’ Court late last year, Whittaker has also subsequently been charged with another unrelated alleged incident of sexual touching involving a male employee of Cricket Victoria, said to have occurred three years earlier, in January, 2016.

On Thursday at the Melbourne Magistrates’ Court, Prosecution argued Whittaker’s moral culpability was high on both charges 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 16, did not work directly with Whittaker given Cricket Australia and Cricket Victoria are separate organisations.

Magistrate Metcalf told the Court on Thursday 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 behavior .

Originally published as Sexual assault investigation: Cricket Australia gave Whittaker formal warning for conduct in 2018