Guy Sebastian’s former manager will be questioned about his integrity after being found guilty of embezzlement.
Titus Day was found guilty by a New South Wales District Court by jury and found guilty on 34 counts, including embezzling over $620,000 from the pop singer’s earnings.
On Friday, a 49-year-old man appeared before the same court for sentencing, and at least nine family members and friends supported him in a public gallery.
Crown Attorney David Morters, SC, has indicated that he will be filing applications that question Day’s good character and his relationship with clients.
However, defense attorney Dominic Toomey SC said he would rely on “a lot of customer feedback”.
Judge Timothy Hartelmann told the court that he would only consider evidence that showed Day’s wrongdoing was out of character.
“The question of whether he had a good relationship is not here or there,” the judge said.
“The question of whether the offenses are uncharacteristic is an issue … if the perpetrator was otherwise considered honest, trustworthy and in good faith, this has some potential implications for the execution of the sentence.”
During nearly three hours of legal wrangling between the defense and the Crown, Day’s family members were outspoken about their disagreement with the Crown’s assertions.
One person, who said he had been friends with the 49-year-old for years, stated that people were “playing games with Day’s life.”
Mr. Morters tried to get an application from Day’s former employer at 22 talent agency, Sean Anderson, who hired him as an assistant before training him in management.
He testified as a witness, where he told the court that he hired Day because he was an honest man with good character and integrity.
Mr. Anderson told the court that Mr. Sebastian was a “high-profile” client with a “significant income” at his agency.
However, Mr. Sebastian left the talent agency when Day started his own management business.
It is expected that the hearing of the verdict will last more than one day.
Day faced a grueling seven-week trial after he was accused of embezzling nearly $900,000 allegedly owed to the singer in music royalties, performance royalties and ambassadorial payments.
The jury heard a plethora of testimony from witnesses, including Sebastian, his wife Jules, the accountants, and the police officer who led the investigation.
On June 30, the jury found Day guilty and convicted him on 34 of the 47 counts. He was found not guilty on 13 counts.
Day became Sebastian’s manager in 2009 when he started his own talent management business, 6 Degrees.
The court was told they were close friends but broke up after a heated argument in 2017.
After the divorce, Sebastian claimed to have found anomalies in his financial records and sued his former manager to recover the money owed to him.
Day countersued, claiming that he was the one Sebastian owed the money to, a lawsuit that the reality TV judge dismissed.
Both men continued to claim that the other owed them money throughout a heated trial in Sydney’s Downing Center District Court.
The jury found that Day used some of the money owed to Sebastian, including about $187,000 from Taylor Swift’s opening act, to buy shares on his behalf in a company called My Medical Records. The court was told that Day was on the company’s board of directors at the time.
Day was acquitted of embezzling $39,000 while playing the British and Irish Lions rugby tour, as well as other sums of money ranging from $6,000 to $39,000 and $125,000.
The lengthy litigation has been plagued by delays, including the death of the original judge assigned to the case, Sebastian’s Covid-19 diagnosis, and health emergencies.