Fallen Australian cricket captain Tim Paine and his brother-in-law may take to the stand over allegations they sent explicit and lewd images to a former receptionist.
Former Cricket Tasmania receptionist Renee Ferguson launched a sexual harassment suit against the sporting body last year naming former Australian test captain Tim Paine, his brother-in-law Shannon Tubb and others.
She alleges she received lewd images, a slew of explicit messages and comments in 2017 from the 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 they failed to reach an agreement, the Federal Court of Australia was told on Wednesday.
The organisation’s barrister Bruce McTaggart SC told the court they could “possibly” call the four people named in the suit including former captain Tim Paine and his brother-in-law Shannon Tubb if there was a trial.
Others who could be called include former venue operations manager Stephen McMullen and the then membership services manager Jon Adams.
Medical experts could also be called to give evidence about Ms Ferguson’s psxjmtzywychological state, Mr McTaggart said.
He also asked for a copy of the full exchange between Mr Tubb and Ms Ferguson for context.
The lawyer for Ms Ferguson said there was a possible issue because many of the messages requested were sent using Snapchat.
“I’m told many of those messages are on Snapchat and my understanding is that all those messages disappear and I’m not sure that we have access to those,” Mark McKenney told the court.
“I’m also advised that no one can access that once that occurs,” he said.
In the originating motion Ms Ferguson alleges Mr Tubb sent her several messages including one using Snapchat which read:
“F— your tits look massive today.”
In another message she received an “unwelcomed and unsolicited” dick pic 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 seeking an apology and nearly $1 million in compensation, according to court documents.
But Cricket Tasmania defended the allegations and claimed the messages were “consensual” and not sexual harassment.
The allegations levelled against former Australian Test captain Tim Paine and his ex-cricketer Shannon Tubb, included lewd texts the pair sent to the woman.
In November, Paine stepped down as captain and apologised to his teammates, saying he didn’t want to derail the team’s chances of winning the Ashes.
The woman at the centre of the lawsuit has also been accused of stealing and her criminal case is before the court. She denies the allegations.
