Former Cricket Australia staffer Tim Whittaker in court charged with sexually touching two men

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The complainant went to sleep in Whittaker’s bed and woke to find the accused sexually touching him, the prosecutor said.

The complainant in the 2016 case reported the matter to police in December last year after being told of another alleged incident involving Whittaker.

Both complainants, though based in Melbourne and working in cricket, did not report directly to Whittaker. The CV staff member had never worked under him. Whittaker, though, had offered him a character reference in a job application for the state association.

Moleta told the court both men were incapable of consenting as they were heavily intoxicated, and were in “completely vulnerable” positions. They were entitled to feel safe in the home of a senior employee, she said.

Both complainants had suffered “intimate embarrassment”, the prosecutor said, and had difficulty coming forward to police and family.

Defence counsel Mark Sturges said Whittaker had demonstrated good character before the alleged offending, and had since undertaken steps to address his alcohol and mental health issues.

Whittaker has since moved to Queensland to live with his parents and had found employment, the court was told.

Magistrate Jo Metcalf indicated Whittaker could face jail if found guilty. She extended his bail to return to court next year.

Cricket Australia declined to comment.

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