Jury discharged in Guy Sebastian's manager's trial
The jury has been discharged in the trial of Guy Sebastian's former manager Titus Day after they were unable to reach a verdict on more than 30 counts that he allegedly embezzled money from his pop star client.
Mr Day was on Tuesday found not guilty of four counts of embezzlement after facing a long-running trial in the NSW District Court.
However the jury remained deadlocked on the remaining charges and was on Wednesday discharged by Judge Alister Abadee.
Mr Day stood trial in the NSW District Court where he battled allegations he embezzled more than $600,000 in royalties and performance fees from the Australian Idol winner between 2013 and 2020.
Since his arrest more than five years ago, Day has denied the allegations and he pleaded not guilty to 34 counts of embezzlement as a clerk or servant.
He also pleaded not guilty to one count of attempting to dishonestly obtain financial advantage by deception.
Guy Sebastian arrives at the Downing Centre Court. Picture: NewsWire / Nikki Short
Titus Day arrives at the Downing Centre Court. Picture: NewsWire / Nikki Short
On Tuesday, the jury returned verdicts finding Day not guilty of four counts of embezzlement.
Those four counts related to allegations that he embezzled over $113,000 worth of Mr Sebastian's performance fees relating to a Big Bash game, a wedding, a corporate gig for Harvey Norman and an ambassadorship with Dreamworld.
On Tuesday, the court was told that the jury believed they could not come to unanimous verdicts on the remaining counts, but they were encouraged to continue deliberating.
Judge Alister Abadee on Tuesday afternoon gave the jury a direction that they could consider an 11-1 verdict on the outstanding 31 counts.
However after another day of deliberations, the jury was on Wednesday afternoon discharged because they could not reach verdicts on those remaining counts.
It was the second time Mr Day stood trial after he was in 2022 found guilty of 34 counts of embezzlement and acquitted of a further 16 embezzlement counts.
He was jailed for a maximum of four years, with a non-parole period of two-and-a-half years.
However after serving seven months, he was released from jail after his convictions were quashed by the Court of Criminal Appeal and a re-trial was ordered.
He will now appear before the court again on August 18, with the Director of Public Prosecutions to decide whether to proceed with a third trial.
Titus Day and Guy Sebastian before their split. Picture: Supplied
Mr Day stood trial accused of embezzling over $620,000 in performance fees and royalties by failing to remit the money to Mr Sebastian.
Mr Day maintained that some accounting errors were the result of family difficulties at the time which resulted in his attention being elsewhere, and a mistaken belief that some of the money that came into his company's account for Mr Sebastian related to another client.
He also held a view that the former Australian Idol winner owed him unpaid commissions, his barrister Thomas Woods told the court during the trial.
Mr Woods also told the court that performance fees from the Swift tour were used to purchase shares on Mr Sebastian's behalf.
'It is not implausible that my client made a wrong assumption in relation to these counts in the indictment … That he made a mistake is not fanciful or far fetched,' Mr Woods told the jury.
Titus Day (L) arrives at the JMT Downing in Sydney. Picture: Christian Gilles / NewsWire
During his closing address to the jury, Crown prosecutor Brett Hatfield SC said Mr Day had fabricated invoices to demand payment from Mr Sebastian.
Mr Day denied having fabricated the documents and his barrister Thomas Woods argued the allegation could not be proven and was 'fanciful'.
Mr Sebastian first worked with Day while he was with his former talent agency, 22 Management.
Mr Sebastian agreed to follow him as a marquee client when Day created his own agency, 6 Degrees Management, in 2009.
The court heard that Mr Sebastian was Day's long-time client and friend, however they had a bitter falling out in 2017 after Mr Sebastian raised questions over financial records.
Mr Sebastian during his evidence told the court he was happy with Mr Day's management when he first moved into his stable.
But tensions arose when he sought information and clarification about payments.
Originally published as Jury discharged in Guy Sebastian's manager's trial
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