Lawyer for ex-Cricket Australia exec Timothy Whittaker questions victim’s story
The high-profile lawyer for ex-Cricket Australia executive Timothy Whittaker has told a court the young male staffer Whittaker is convicted of sexually assaulting is a liar.
Police & Courts
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The high-profile lawyer for ex-Cricket Australia executive Timothy Whittaker has told a court the young male staffer Whittaker is convicted of sexually assaulting is a liar.
Whittaker is fighting convictions for sexually assaulting two sleeping men at his Abbotsford home in similar circumstances three years apart.
Evidence by his accuser from the night of his sexual attack in March 2019 was interrogated in the County Court on Friday by the former communications boss’ barrister Dermot Dann KC.
Mr Dann said the man’s version of events was “riddled with inconsistencies” which presented a “solid obstacle” to a finding of guilt beyond reasonable doubt.
The barrister scrutinised evidence by the younger staffer including how he could have remained asleep after he was transferred from Whittaker’s couch to his bed and his clothes and boots removed following the boozy workplace party.
“It can’t be that just because someone alleges sexual offending that prevents a court from standing back and saying how probable is that version of events and how likely was it to have occurred,” Mr Dann said.
However prosecutor Francesca Holmes defended the sexual assault victim’s credibility, saying gaps in his testimony did not amount to fabrication.
“He admitted to memory gaps due to intoxication and what he describes as being asleep but he has never contradicted core details of the allegations and in my submission he is credible,” Ms Holmes said.
“Minor inconsistencies don’t undermine the key claim that he was sexually assaulted by Mr Whittaker.”
Whittaker was found guilty on two charges of sexual touching without consent in the Melbourne Magistrates’ Court in June 2023.
Both male victims gave evidence to the court during a six-day committal that they’d woken in Whittaker’s bed to being sexually assaulted after nights of heavy drinking.
Whittaker was never jailed or registered as a sex offender and instead sentenced to serve a 30-month community corrections order and complete alcohol and mental health treatment.
He has always professed his innocence and made clear from the outset his intentions to appeal the criminal convictions.
The accuser has publicly identified himself as a survivor of Whittaker’s sexual assault and uses social media platforms such as TikTok to encourage victims to come forward and not feel shame.
He was not present in court on Friday.
Judge Peter Lauritsen will hand down his decision later this month.
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