A former senior executive at Cricket Australia has been found guilty of taking advantage of two young sleeping colleagues.
Timothy Joseph Whittaker, 38, returned before the Melbourne Magistrates’ Court on Thursday following a contested hearing last month for two counts of intentional sexual touching.
Shortly after 3pm, Magistrate Timothy Gattuso told the court he was satisfied beyond reasonable doubt two men had woken to Whittaker touching their penises in January 2016 and March 2019.
“I am satisfied beyond reasonable doubt the accused was awake … and he was touching in the matter alleged,” he said.
“I find Mr Whittaker guilty beyond reasonable doubt on each count.”
Seated behind his lawyers, Whittaker showed little reaction as the verdict was read out, but was later seen wiping tears from his face.
The court heard the first man complained to Cricket Australia’s human resources department in March 2019 following an end of season staff party.
He was among a group of employees that continued back to Mr Whittaker’s Abbotsford apartment for a nightcap, where he fell asleep on Whittaker‘s couch.
Around 5.30am he woke up in Mr Whittakers’ bed with his pants removed, feeling his penis being “jerked”.
The former communications head had claimed the man was still on the couch when he went to bed about 5am.
Former colleagues Jane Livesey, Justin Larkin and Emily Jackson told the court they woke up to missed calls and voicemails from the man at 5.30 and 6am.
Each said the messages stated “something really f–ked up had happened at Tim’s”.
Text messages provided to the court showed Whittaker texted him shortly after he left the apartment saying; “Dude you can’t just ring, say that s–t and hang up”.
“There’s no way I was doing that,” another message read.
The second victim contacted Cricket Australia in December 2021, filing a complaint saying he woke in Whittaker’s bed in January 2016 following a night of heavy drinking.
Whittaker had his hands down the man’s pants and was “rubbing” his penis.
In his testimony, he told the court he had initially given Whittaker the “benefit of the doubt” and believed he was asleep, but reconsidered after hearing rumours of similar events.
Whittaker had maintained his innocence, taking the stand in court to say he was not in bed with either man.
In her closing address, prosecutor Sharn-Adelle Coombs said the offending, separated by years, was a “strikingly similar experience” for both men.
“Both found themselves alone with him and both to their shock woke up to Mr Whittaker touching their penises,” she said.
“And both witnessed him pretend to be asleep.”
Whittaker’s lawyer, Dermot Dann KC, told the court he would argue Mr Gattuso should consider alternatives to immediate imprisonment.
He told the court the incidents were restricted to a period in Whittaker’s life where he was suffering significant stress, mental health deterioration and personal loss.
Mr Dann said his client had an extensive history of volunteering and had made efforts to address an alcohol problem.
A Cricket Australia spokesman said the organisation was “appalled” by the offending.
We will continue to support the victims as we have done since these offences came to our attention,” the spokesman said.
“We commend their bravery in coming forward to report these crimes and hope the verdict today provides them with a sense of vindication and closure.”
The matter will return to court for a plea hearing on Monday.