Former Cricket Australia chief executive Timothy Whittaker spared jail for sexual assault

He touched one of the men without his consent after the season finale on March 16, 2019.

After hours of drinking, Whittaker and a group of staff went to his Abbotsford flat.

The victim was sleeping on the couch when the others left around 5 a.m. and she woke up in Whittaker’s bed.

Her pants were off and Whittaker was touching her without her consent.

Another victim had considered Whittaker a friend after the 38-year-old helped him get a job at Cricket Australia.

She then sexually touched the man in bed after drinking on January 8, 2016.

Judge Tim Gattuso said both young men were in a state of “intoxicated vulnerability” when Whittaker assaulted them.

“You’ve left them with a sense of trauma, shame and embarrassment,” he said.

He convicted Whittaker of the two charges and ordered him to carry out 300 hours of unpaid community work with a 30-month community corrections order.

“I accept that they contributed to your strong alcohol addiction during that time,” Gattuso said.

In determining his sentence, he also took into account the long delay of more than seven years since the offense began, the significant media attention and Whittaker’s previous good character.

Whittaker resigned as CA’s communications manager on 15 March 2019 to work at the International Cricket Council in Dubai, but was sacked the following month.

He then took up a senior role at Australia Post but resigned after calling the organization anonymously about the allegations, the court was told.

At the end of the hearing, defense barrister Dermot Dann KC said Whittaker planned to appeal the sentences.

Support is available from the National Sexual Assault, Domestic Family Violence Counseling Service on 1800RESPECT (1800 737 732).