A former Cricket Australia executive allegedly sexually assaulted a staff member following an end of year party, a court has heard.
Timothy Joseph Whittaker, 38, is facing a contested hearing in the Melbourne Magistrates’ Court over allegations he sexually touched two men without their consent.
He has pleaded not guilty to both charges.
On Wednesday, the court heard from two former Cricket Australia staff members who said they had gone back to Mr Whittaker’s apartment in the early hours after an event.
Justin Larkin told the court that after the function finished, a number of people went to a Melbourne hotel to continue drinking.
Cricket Australia’s former head of communications Timothy Whittaker (R), is fighting allegations he touched two men. Picture: NCA NewsWire / Nicki Connolly
Both witnesses told the court when the venue closed, several were invited to Mr Whittaker’s apartment to continue the celebrations.
Mr Larkin said by about 4.30am it was only him, Mr Whittaker and the alleged victim, who was asleep on the couch, remaining.
He said he left about 5am.
The court heard both witnesses woke after 11am to find missed calls and voicemails from the alleged victim at about 5.30am.
“They were all from (the alleged victim) saying that something really f … ed up had happened at Tim’s,” former Cricket Australia employee Jane Livesey said.
Both witnesses told the court they spoke with the alleged victim who claimed he woke up in Mr Whittaker’s bed.
“He sounded very nervous, very scared not knowing what to do,” Mr Larkin said of the conversation.
“He told me Tim had (allegedly) sexually assaulted him … I was pretty shocked.”
Mr Whittaker has denied the allegations. Picture: NCA NewsWire / Nicki Connolly
Under cross-examination from Mr Whittaker’s barrister, Dermot Dann KC, both Mr Larkin and Ms Livesey said the group had been intoxicated and the group had been “touching in the spirit of friendship”.
Mr Larkin, under cross-examination, admitted his characterisation that Mr Whittaker “freaked out” when the alleged victim woke was his interpretation of the information he heard.
“He told me he (Mr Whittaker) rolled over and pretended to be asleep,” he said.
Both witnesses told Mr Dann there was nothing inappropriate about Mr Whittaker’s behaviour while they were present.
An image displayed to the court showed four individuals, identified by both witnesses as themselves, Mr Whittaker and the alleged victim, cuddled up on a small couch.
Over Tuesday and much of Wednesday the hearing heard evidence from both alleged victims in a closed court.
The other alleged incident where Mr Whittaker is accused of sexually touching a man without his consent is said to have occurred more than three years earlier in January 2016.
The contested hearing, before Magistrate Timothy Gattuso, will continue on Thursday.