A friend of a former Cricket Australia employee who was allegedly sexually assaulted by a senior executive has told a court the man was “visibly upset” and concerned he was drugged.
On Thursday, the Melbourne Magistrates’ Court was told the alleged victim met two friends for breakfast just hours after he allegedly woke up being groped by Timothy Whittaker, 38.
Mr Whittaker denies the allegations and is facing a contested hearing this week.
The court was told the former communications head had resigned his post in March 2019 and was set to take a job working for the International Cricket Council in Dubai.
A country and western-themed end of season Cricket Australia party doubled as a send-off for Mr Whittaker, three former employees told the court.
Emily Jackson, who worked as a lawyer for the association, said Mr Whittaker invited a number of people back to his Abbotsford apartment for a nightcap after the event.
She described the mood of the night as “very fun, very positive”, telling the court the alleged victim was intoxicated and asleep on the couch when she left about 4am.
“We were all very friendly,” she said.
Cricket Australia former head of communications Timothy Whittaker has denied the allegations. Picture: NCA NewsWire / Nicki Connolly
But witnesses Jane Livesey, Justin Larkin and Ms Jackson said they woke up later the same day to missed calls and voicemails from the alleged victim between 5.30am and 6am.
Each told the court the messages stated “something really f–ked up had happened at Tim’s”.
They said the man had told them he’d allegedly woke up in Mr Whittaker’s bed with his pants either removed or pulled down.
Mr Whittaker was allegedly touching the man’s penis.
“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.”
Each told the court the alleged victim said he stirred to show he was awake, with Mr Whittaker allegedly rolling over and pretending to be asleep.
The court was told the alleged victim quickly left, returning home before he met two friends for breakfast at about 10am.
Mr Whittaker (left) invited colleagues back to his apartment. Picture: NCA NewsWire / Nicki Connolly
Both friends, called to give evidence on Thursday, said he appeared “visibly distressed”.
“It was not surprising because we knew he’d been out the night before,” one man said.
“He did look very sad in the eyes and not himself.”
Both said he described allegedly “blacking out” while on the couch before waking in Mr Whittaker’s bed.
“He wasn’t sure if he’d drunk a lot and passed out or if his drink had been spiked,” one man said.
“He’s not someone that passes out.”
Mr Whittaker also stands accused of sexually touching another man without his consent more than three years earlier in January 2016.
The court was told the alleged victim contacted Cricket Australia in 2021 with allegations of “grooming behaviour”.
The hearing, before magistrate Timothy Gattuso, continues.