A former Cricket Australia executive was acquitted of molesting two sleeping colleagues.
After being convicted of two charges of deliberate sexual contact without consent, 38-year-old Timothy Joseph Whittaker returned to the Melbourne Magistrates Court on Friday.
He received a 30-month community corrections order with 300 hours of community labor, monitoring, and counseling.
Two men told police that Whittaker had touched their penises in 2016 and 2019.
Magistrate Timothy Gattuso said, “I consider your offending more opportunistic rather than predatory as suggested by Ms Coombes.
“They were intoxicated young men.
“You exploited that vulnerability… for your own apparent gratification you invaded their privacy and safety.”
One guy told the court that the sexual attack caused years of mental illness.
“I tried to convince myself it didn’t (happen),” he added.
“But reality kept eating me.”
Despite the offense, Mr. Gattuso deemed Whittaker to be a “very good character” with a long history of volunteerism and charity work.
The communications chief at Cricket Australia, Whittaker, was “highly unlikely” to reoffend due to the coronial investigation into Phillip Hughes’ on-field death and the ball-tampering controversy.
The court heard the first man complained to Cricket Australia’s HR department in March 2019 during a staff party.
He fell asleep on Whittaker’s couch after a nightcap at his Abbotsford apartment with other colleagues.
He woke up on Whittaker’s bed with his trousers down at 5:30am, feeling his penis “jerked”.
In 2021, the second victim said he woke up in Whittaker’s bed in January 2016 after drinking heavily.
Whittaker “rubbed” the man’s penis.
After hearing rumors of similar instances, he told the court he originally gave Whittaker the “benefit of the doubt” and thought he was asleep.
Mr. Gattuso determined Whittaker’s heavy drinking was caused by work stress.
“While it doesn’t excuse your offending, it puts into perspective why a person of previous good character engaged in such brazen offending,” he added.
A Cricket Australia representative called the offense “appalled.”
“We will continue to support the victims,” the spokesperson stated.
We appreciate their bravery in reporting these atrocities and hope the conviction today gives them vindication and closure.”
Dermot Dann KC, Whittaker’s lawyer, claimed his client was innocent and will challenge the verdicts.