Victory for Guy Sebastian’s agent as bid to lock him up early gets shot down – but he doesn’t have much to look forward to
- Titus Day was found guilty of embezzling the pop star’s money last month
- Crown prosecutors had applied for Day to be jailed while awaiting sentencing
- Justice Peter Garling denied detention application in Supreme Court on Tuesday
- Day, 49, will remain free on bail until he is sentenced on September 13
Guy Sebastian’s ex-manager Titus Day will remain free on bail despite another attempt to have him locked up for embezzling more than $600,000 of the pop star’s money.
Day, 49, was found guilty last month by a jury of more than 30 of 47 charges after he was accused of stealing almost $900,000 from Sebastian.
Crown prosecutor David Morters SC had applied for Day to be thrown behind bars while awaiting sentencing on September 13.
Justice Peter Garling dismissed the detention application on Tuesday in the NSW Supreme Court and Day’s bail was continued.
It was the second time the attempt by prosecutors to have Day imprisoned was shot down.
While on bail, Day must report at Waverley Police Station every Wednesday, and has had to surrender his passport.
Guy Sebastian’s ex-manager Titus Day will remain on bail despite another attempt to have him locked up for embezzling more than $600,000 of the pop star’s money
The 49-year-old’s trial had been beset by woes, including the death of original judge Peter Zahra, the dismissal of five jurors from a panel of 15 and Sebastian contracting Covid-19.
Jurors heard the astronomical figures Sebastian was paid for performances, including $494,360 to support Taylor Swift during the four-city Australian leg of her ‘The Red Tour’ in December 2013.
Sebastian charged $54,341 to sing at a wedding in Jakarta in July 2017 and McDonald’s paid the entertainer $66,000 to appear at a conference in September that year.
The hit-maker also received $49,114.62 for singing at Allianz Stadium in Sydney during the British and Irish Lions rugby tour in 2013.
Sebastian gave evidence that he had been given a boat, international air fares and the use of two Toyota LandCruisers for himself and his wife instead of cash payment as part of ‘contra’ deals with major companies.
The court heard Sebastian subsequently found ‘anomalies’ in financial records suggesting he was still owed payments by Day and in July 2018 the performer launched a civil claim against him. Sebastian and Day are pictured
Day managed Sebastian for about a decade until November 2017 when the singer terminated their arrangement in an acrimonious break-up.
The court heard Sebastian subsequently found ‘anomalies’ in financial records suggesting he was still owed payments by Day and in July 2018 the performer launched a civil claim against him.
Sebastian later went to police which resulted in the trial at which each man accused the other of owing him money.
The amounts of money Day was alleged to have embezzled ranged from $361.34 in royalties to $187,524 in performance fees. One charge concerned a $21,000 ambassadorship.
Judge Tim Gartelmann ordered the jury to return not guilty verdicts for three charges of embezzlement on June 9 after prosecutors admitted Day had no case to answer.
Those charges related to Day allegedly embezzling royalty payments of $13,380.60, $936 and $361.34 between 2014 and 2020.
Defence barrister Dominic Toomey SC made the application for acquittal after the prosecution case ended, which Mr Morters agreed to after admitting there was no evidence.
‘There was simply no evidence at all that the accused did the act alleged to constitute any of these offences,’ Judge Gartelmann said.
Jurors heard the astronomical figures Sebastian was paid for performances, including $494,360 to support Taylor Swift during the four-city Australian leg of her ‘The Red Tour’ in December 2013
Judge Gartelmann also told the jury that if they found Day not guilty on any of the 47 remaining charges, he must also be acquitted of the corresponding back-up charge of the lesser crime of larceny.
Day did not give evidence at the trial.
‘The accused exercised a right to silence in declining to do so,’ Judge Gartelmann told the jury. ‘He had no obligation to give evidence or to call any at all.
‘The accused need not prove anything at all… the fact he did not call or give any evidence cannot be used against him in any way at all. No inference can be drawn from it.’
Mr Morters told the jury that Day, who was due a 20 per cent commission on Sebastian’s earnings, kept money paid into his account which should have been forwarded to the singer.
Day managed Sebastian for about a decade until November 2017 when the singer terminated their arrangement in an acrimonious break-up. Sebastian is pictured outside court
‘It’s clear from the financial records that you have that he dispersed these funds in a way which was inconsistent with the interests of Mr Sebastian,’ Mr Morters said in his closing address.
‘He, in effect, embezzled that money from Mr Sebastian. He never paid it through as he was obliged to, he used it for other purposes.’
But Mr Toomey submitted his client had an answer to every single charge and suggested the authorities were perhaps seduced by Sebastian’s high profile.
Day told police the chart-topper owed him $1.2million in outstanding commissions.
‘Why isn’t he being picked up for fraud, for not paying me commissions?’ Day said in the July 2020 interview played to the jury. ‘I don’t understand it.’
Mr Morters had earlier unsuccessfully tried to have Day’s bail revoked after the jury’s verdicts, telling Judge Gartelmann that convictions were likely to result in a jail term.
Day will be sentenced on September 16.
Sebastian (pictured with his wife Jules) accused his former manager of stealing almost $900,000 between 2013 and 2020