Guy Sebastian’s ex-manager acted dishonestly, court hears
Nearly $900,000 intended for Guy Sebastian from royalties and performances was either spent by his former manager or “simply squandered” from a bank account until nothing was left, a court has heard.
Titus Day, 49, is on trial in the NSW District Court after pleading not guilty to 50 counts of embezzlement as a clerk or servant, received in connection with his employment as manager of Sebastian, and 50 other charges of theft.
Last week, the jury was asked to return verdicts of not guilty on three counts of embezzlement totaling $14,677 and three alternate counts, after Judge Timothy Gartelmann determined “he didn’t there was simply no evidence that the accused had committed the act alleged to constitute one of those offences”.
The judge also said that as a matter of law, the Crown’s case on all other remaining counts cannot succeed.
The jury will still consider 47 counts of embezzlement, totaling $882,651.67, related to royalties including from Premier Muzik, Warner Music and Sony Music, ambassador fees and entertainment revenue such as stadium tours , corporate concerts and destination weddings.
Crown Attorney David Morters, SC said Day not only failed in his civil duty to deduct his commission from payments received by his company 6 Degrees and then pay the balance to Sebastian, but “acted criminally because he acted dishonestly” with the money he collected.
“It is clear from the financial records that you have that he dispersed those funds in a manner inconsistent with the interests of Mr. Sebastian,” Morters told the jury in his closing remarks on Tuesday.
“He did, in effect, embezzle that money from Mr. Sebastian. He never paid for it like he had to, he used it for other purposes.
He alleged that money from a transaction account was used to pay for business expenses, salaries for Day and his wife, staff salaries, rent and other items, or “simply squandered of the trust account”.