Timothy Joseph Whittaker, a former Cricket Australia communications executive, has had his sexual assault conviction overturned on appeal. Initially found guilty in 2023 of assaulting a junior staff member after an end-of-season function, the case unfolded in Melbourne this morning. The incident reportedly took place on March 16, 2019, when the victim was found in Whittaker’s bed after being asleep on the couch at his apartment.
During the appeal, Whittaker’s barrister argued that the alleged victim’s account was implausible, suggesting he would have woken up during the alleged assault. Judge Peter Lauritsen noted that the alleged victim was able to recall details about Whittaker’s apartment and had taken purposeful actions shortly after the event, including ordering an Uber and making notes on his phone. These actions were deemed inconsistent with someone who would not have been aware of their surroundings.
Ultimately, Judge Lauritsen concluded there wasn’t enough evidence to uphold Whittaker’s guilt beyond a reasonable doubt, asserting a plausible case for his innocence. As a result, the charge was dismissed, and legal costs were ordered to be covered by the chief commissioner.