Disgraced Australian cricket captain Tim Paine and his brother-in-law could speak out over allegations they sent explicit and obscene images to a former receptionist.
Former Cricket Tasmania receptionist Renee Ferguson launched a sexual harassment complaint against the sporting body last year, naming former Australian Test captain Tim Paine, his brother-in-law Shannon Tubb and others.
She claims she received obscene images, a slew of explicit messages and comments in 2017 from men and that management ignored her complaints.
The sporting body and Ms Ferguson went to mediation earlier this month in a bid to settle the case but failed to reach an agreement, the Federal Court of Australia heard on Wednesday.
The organisation’s lawyer, Bruce McTaggart SC, told the court that they could “eventually” call the four people named in the lawsuit, including former captain Tim Paine and his brother-in-law Shannon Tubb, if he there was a trial.
Others who could be called upon include the site’s former director of operations Stephen McMullen and then director of member services Jon Adams.
Medical experts could also be called to give evidence about Ms Ferguson’s psychological state, Mr McTaggart said.
He also requested a copy of the full exchange between Mr. Tubb and Ms. Ferguson for context.
Ms Ferguson’s lawyer said there was a possible issue as many of the requested messages were sent via Snapchat.
“I’ve been told that a lot of these messages are on Snapchat and my understanding is that all of these messages go missing and I’m not sure we have access to them,” Mark McKenney told the court.
“I am also informed that no one can access it once this happens,” he said.
In the original petition, Ms. Ferguson alleges that Mr. Tubb sent her several messages, including one via Snapchat, which read:
“F—your boobs look huge today.”
In another message, she received an “unwanted and unsolicited” dick photo from Mr. Tubb, according to the court document.
In her lawsuit, Ms Ferguson said the harassment at Cricket Tasmania was ‘relentless and systemic and no one was doing anything about it’.
She is asking for an apology and nearly $1 million in compensation, according to court documents.
But Cricket Tasmania defended the allegations and said the posts were ‘consensual’ and not sexual harassment.
The allegations made against former Australia Test captain Tim Paine and his ex-cricketer Shannon Tubb, included obscene texts the couple had sent to the woman.
In November, Paine resigned as captain and apologized to his teammates, saying he didn’t want to derail the team’s chances of winning the Ashes.
The woman at the center of the trial has also been charged with theft and her criminal case is before the court. She denies the allegations.
