Prosecutors try to jail Titus Day for the third time

Former manager Guy Sebastian will have to wait a few more days before he knows if he will be jailed after a third attempt by prosecutors to jail him.

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 Monday, he appeared before the Court of Criminal Appeals, where the Crown Attorney petitioned for the 49-year-old man to be detained.

The prosecutor’s office for the third time petitioned for the deprivation of liberty of the former manager.

The Crown Prosecutor told the court that “there is no need to be certain that the defendant will go to jail”.

He told the court that if Day were to be sentenced to an intensive community-served correctional warrant, it would be an “inadequate sentence”.

“Your Honor must be satisfied with the balance of probabilities that there will be no other sentence than a full prison sentence,” the prosecutor said, “given the very serious nature of the crimes that amount to fraud of more than $600,000 in circumstances in which gross breach of trust.

“This is a matter that, by any reasonable estimate, would carry a penalty of full imprisonment or full detention.”

Day’s lawyer, Dominic Toomey, opposed the detention application and said his client could face alternatives rather than a full sentence.

Mr Toomey told the court that the 49-year-old had no previous offense and was a man of good character.

“We will argue in the verdict that this is not the case when money that was found to have been embezzled was used in the way that is often seen in these cases, when a person simply sought to enrich himself,” he said.

“We will demonstrate that the money was used to cover expenses related to Mr. Sebastian’s performances and this will be less serious than usual.”

Judge Fabian Gleason, Judge Robertson Wright and Judge Richard Kavanagh adjourned the hearing to resume on Friday.

Day is currently on bail under conditions imposed by the district court; he has surrendered his passport and must report to the police every Wednesday at Waverley Police Station.

He 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.

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.

A sentencing hearing was scheduled for September 16.

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 court was told 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.

However, Day was acquitted of embezzling $39,000 while playing the British and Irish Lions rugby tour, as well as other amounts 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.

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