Latest news with #TitusDay
ABC News
7 days ago
- ABC News
Jury hung majority of charges against Guy Sebastian's former manager Titus Day
The embezzlement trial of Guy Sebastian's former manager has ended in a jury acquitting Titus Day of four charges but remaining hung on the majority of allegations that he misappropriated hundreds of thousands of dollars in performance fees. The 52-year-old pleaded not guilty to 34 counts of embezzlement as a clerk or servant and one count of obtaining a financial advantage by deception. The NSW District Court heard allegations Mr Day embezzled $620,000 from the popular singer between 2013 and 2020. His defence team argued the Crown had failed to disprove whether any misapplication of funds was not deliberate but rather a mistake. The jury had been deliberating for more than a week when it returned unanimous not guilty verdicts on four embezzlement charges on Tuesday. Those four charges accounted for about $114,000. In a note to Judge Alister Abadee, the jurors said they felt that further deliberations would be "wasting the court's valuable time". The judge urged them to continue deliberating, with the option of returning majority 11-1 verdicts if unanimous decisions were not possible. On Wednesday the panel sent another note indicating they remained deadlocked, and the foreperson confirmed they would not reach either unanimous or majority decisions. Judge Abadee discharged the panel, thanking them for their service. During the trial, jurors were told Mr Day was being paid "very well", with the singer giving evidence he was paying about half a million dollars a year to a company called 6 Degrees for Mr Day's management. Mr Sebastian signed on when Mr Day decided to start his own agency, as a "marquee client" that could almost guarantee income. Crown Prosecutor Brett Hatfield SC said it was clear 6 Degrees was "not run well" and ended up going broke. He urged jurors to "not lose sight of the big picture" when considering the individual charges, arguing that the accused "knew that what he was doing was fraudulently misappropriating the money". "In each instance, in relation to each count, there was a clear failure and circumstances of dishonesty to render the activity fraudulent," Mr Hatfield said in his closing address. The allegations have also been at the centre of civil proceedings between the two men. Defence counsel Thomas Woods said the entire prosecution was "misconceived" and questioned why police didn't leave the two men to "battle it out in the Federal Court". The barrister said whenever Mr Day held onto money that came into the 6 Degrees account, it was because he believed he was entitled to do so. In a closing address, Mr Woods said jurors should consider the evidence through the lens that his client was running a lawful and legitimate business. "He wasn't some kind of crime boss who was intent on the ruthless exploitation of innocent people. He was not and is not some Ned Kelly-type of person." Mr Woods said a charge of fraud could not be made out by showing that a business was run in a "sloppy way" or that a person was "careless or even negligent". "You might think that this is an unfortunate case involving a dramatic falling out between friends and the breakdown of a previously mutually successful business relationship," he said. "You might think that both parties to this dispute sincerely believe that they are in the right." The civil case was put on hold until the end of the criminal proceedings. This was the second time Mr Day faced trial over embezzlement allegations. A previous jury found him guilty of 35 charges and cleared him of 13 others, but the convictions were quashed on appeal and a retrial was ordered. The case will now return to court for a mention and the DPP will need to decide whether the matter will go to another retrial. Mr Day remains on bail.
News.com.au
04-07-2025
- Entertainment
- News.com.au
Major update in pop star's court case: Jury retired to consider verdict
A jury has retired to consider its verdicts in the trial of Guy Sebastian's former manager Titus Day who is alleged to have embezzled over $600,000 from his former client. For the last month, Mr Day has stood trial in the NSW District Court in Sydney where he has battled allegations that he stole from his former friend and the one-time Australian Idol winner. He has pleaded not guilty to 34 counts of embezzlement as a clerk or servant. It's alleged that Mr Day failed to remit over $620,000 in performance fees and royalties to Mr Sebastian that were collected by his 6 Degrees talent agency. It is alleged he embezzled performance fees, including $187,000 for supporting Taylor Swift on her 2013 tour of Australia, as well as for private weddings, a Big Bash cricket game and corporate events. He has also pleaded not guilty to one count of dishonestly obtaining a financial advantage by deception, relating to allegations he deceived the liquidator after his company was placed into liquidation. During his closing address to the jury, Crown prosecutor Brett Hatfield SC said Mr Day had fabricated invoices to deceive Mr Sebastian. 'The fact that he went to the trouble to create these invoices that were not accurate shows that he knew that he had not honestly accounted to Mr Sebastian for the relevant transactions at the time – that he fraudulently embezzled the money,' Mr Hatfield told the court. 'And that was the reason why he would have done what he did in creating these documents to account for the transactions retrospectively.' Mr Day, through his defence, has claimed that he failed to remit some of the money to Mr Sebastian because of an accounting error and a mistaken belief that the income related to another client. He has further claimed he believed he was entitled to hold onto other funds because of unpaid commissions and that he used other money to invest in shares for Mr Sebastian. 'Whenever Mr Day held onto money that had come into the 6 Degrees account, he did it believing he was entitled to do so,' Mr Day's barrister Thomas Woods told the jury in his closing address. 'He is not guilty of any offence of embezzlement.' The court has been told that Mr Day says some accounting errors were the result of family difficulties at the time which resulted in his attention being elsewhere The trial concluded on Wednesday at the conclusion of closing arguments from Mr Day's defence. verdicts on the 35 counts.
News.com.au
02-07-2025
- Entertainment
- News.com.au
Guy Sebastian's manager responds to Taylor Swift claim
Guy Sebastian's manager has denied that he embezzled $187,000 earnt by his client for supporting American superstar Taylor Swift, with a court told he claimed he invested it in shares on the pop star's behalf. Titus Emanuel Day is standing trial in the NSW District Court in Sydney where he has denied embezzling more than $600,000 in royalties and performance fees from the Australian Idol winner. Mr Day's trial has entered its final stages, with his barrister telling the court during his closing submissions that the manager had made accounting errors, withheld money for what he claimed were unpaid commissions owed to him by Mr Sebastian and invested other money for his client. The former high-profile manager has pleaded not guilty to 34 counts of embezzlement as a clerk or servant. He has also pleaded not guilty to one count of attempting to dishonestly obtain financial advantage by deception relating to allegations he lied to liquidators after his management company, 6 Degrees, became insolvent. '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 Day's barrister Thomas Woods told the jury on Wednesday. It has now been more than five years since Mr Day was arrested at his Sydney home. Mr Woods told the court that Mr Sebastian did not complain to police until 2020 despite some of the allegations relating to work done in 2013. One of the charges relates to allegations that Mr Day embezzled $187,000 in performance fees earnt by Mr Sebastian as a support act on Taylor Swift's 2013 tour of Australia. He is also alleged to have embezzled money from private performances and corporate gigs in Singapore and Sydney in 2014. 'A substantial source of your doubt on these counts would be that Mr Sebastian did not complain about Mr Day stealing or embezzling this money – almost $300,000 in total – until mid 2020,' Mr Woods said. 'You know these counts relate to events in 2013 and 2014. You might think that's a significant delay. 'Mr Sebastian accepted in his evidence that he never complained about the asserted non-payment of the monies until 2020 … Mr Sebastian said 'I had no idea they were missing'.' 'You might think if all this money truly was missing, it wouldn't have taken the better part of a decade for Mr Sebastian to make a complaint.' Mr Woods previously told the court that performance fees from the Swift tour were used to purchase shares on Mr Sebastian's behalf. Mr Sebastian, in his evidence, described the claims as 'completely fabricated'. Mr Woods said the investment wasn't 'successful' and there was a theme of Mr Day not always 'picking a winner'. 'However disappointing it must have been for everyone who invested in the company, the question for you to decide is whether the Crown has proven beyond reasonable doubt that Mr Day embezzled those monies,' Mr Woods said. 'And you might think he can't have embezzled those monies if he invested in a company on Mr Sebastian's behalf.' During his closing address to the jury, Crown prosecutor Brett Hatfield SC alleged that Mr Day had fabricated invoices to demand payment from Mr Sebastian. Mr Hatfield said Mr Day had displayed a 'consciousness of guilt' by falsifying the invoices. However Mr Woods argued that evidence of that was 'feeble'. He said the allegations rested on an email from 12 years ago that Mr Sebastian said he had not received.
News.com.au
01-07-2025
- News.com.au
‘Consciousness of guilt': Big claim against Guy Sebastian's manager as embezzlement trial nears close
Guy Sebastian's manager displayed a 'consciousness of guilt' when he issued false invoices to the pop star which he allegedly used to embezzle money from his client, a court has been told. Titus Emanuel Day is on trial in the NSW District Court where he has denied embezzling over $600,000 in royalties and performance fees from the Australian Idol winner. Mr Day's trial has entered its closing stages, with the jury expected to retire to consider their verdict in the coming days. The former manager to the pop star has pleaded not guilty to 34 counts of embezzlement as a clerk or servant and one count of attempting to dishonestly obtain financial advantage by deception and is fighting the allegations. During his closing address to the jury, Crown prosecutor Brett Hatfield SC said Mr Day had fabricated invoices to demand payment from Mr Sebastian. 'The fact that he went to the trouble to create these invoices that were not accurate shows that he knew that he had not honestly accounted to Mr Sebastian for the relevant transactions at the time – that he fraudulently embezzled the money,' Mr Hatfield told the court. 'And that was the reason why he would have done what he did in creating these documents to account for the transactions retrospectively.' Mr Hatfield said Mr Day had displayed a 'consciousness of guilt' by fabricating the invoices and was attempting to cover his tracks. 'You wouldn't make it up unless you knew what you'd done in the first place was fraudulently embezzle the money,' Mr Hatfield said. Mr Sebastian was Mr Day's long-time client and friend and followed him when he created his own agency, 6 Degrees Management, in 2009. However, they had a bitter falling out in 2017 after Mr Sebastian raised what he alleged were irregularities in his 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. Tensions arose and his bookkeepers were forced to chase information and clarification about payments The Crown contends Mr Day failed to remit performance fees and royalties which were collected on Mr Sebastian's behalf. It is alleged he embezzled performance fees, including $187,000 for supporting Taylor Swift on her 2013 tour of Australia, as well as for private weddings, a Big Bash cricket game and corporate events. Mr Day's barrister, Thomas Woods, previously told the court that money from Mr Sebastian's performance on the Taylor Swift tour was used to purchase shares on his behalf. Mr Sebastian, in his evidence, described the claims as 'completely fabricated' and a 'complete lie'. Mr Day, through his legal team, has denied he did anything criminal, dishonest and fraudulent. Mr Day told the court that issues had begun to 'creep in' to his management company as a result of pressure sparked by his mother's declining health around 2016. 'My accounting slipped, I wasn't able to send statements or invoices … I made mistakes in transactions and banking descriptions,' Mr Day previously said. Mr Day's defence is expected to begin their closing submissions on Tuesday.
News.com.au
30-06-2025
- Entertainment
- News.com.au
‘Not a shred': Claim against pop star Guy Sebastian denied in trial against manager Titus Day
Guy Sebastian's ex-manager Titus Day will in the coming days learn his fate over allegations he embezzled over $600,000 from the pop star, as a court was told there was 'not a shred of evidence' to support counter claims the singer had withheld money from his former friend. Mr Sebastian's former manager Titus Day is standing trial in the NSW District Court, accused of embezzling performance fees and royalties from the Australian Idol winner. Mr Day has denied doing anything dishonest or fraudulent, and has pleaded not guilty to 34 counts of embezzlement as a clerk or servant and one count of attempting to dishonestly obtain financial advantage by deception. His trial has entered its closing stages with Crown prosecutor Brett Hatfield SC beginning his closing address to the jury on Monday. In the coming days, the jury is expected to retire to consider its verdict following a month-long trial. One of the charges relates to an allegation that Mr Day failed to remit $187,000 to Mr Sebastian for performance fees as a support act for Taylor Swift on her 2013 tour of Australia. Other charges relate to performances at private weddings, corporate gigs, cricket matches and for overseas royalties for Mr Sebastian's hit 'Battle Scars', his duet with US rapper Lupe Fiasco which helped him break into the American market for the first time. The court has heard that Mr Sebastian first became involved with Mr Day when he joined 22 Management early in his career. However he later followed Mr Day when he started his own management company, 6 Degrees. The court has been told that their relationship began to deteriorate over time after Mr Sebastian found what he alleged were irregularities in his financial records. Their personal and professional relationship soured and ended with the pair making claims that the other owed them money. The court has been told that in 2018 Mr Sebastian filed proceedings against Mr Day in the Federal Court, which prompted his former manager and 6 Degrees to file a counterclaim During his closing address, Mr Hatfield took the jury to sections of Mr Day's evidence in which he told the court that 'Guy has taken hundreds of thousands of dollars of mine without telling me' and that he was keeping money that was owed to him. Mr Sebastian has not been charged with any offence, nor has he been accused of any criminal wrongdoing. Mr Hatfield told the jury there was 'not a shred of evidence' to suggest the pop star had withheld commissions owing to his manager. 'Absolutely no evidence Mr Sebastian had concealed anything,' Mr Hatfield said. 'It was not put to him that he had concealed anything.' Mr Hatfield said that Mr Day was not entitled to withdraw money from the 6 Degrees Trust Account into which Mr Sebastian's income was paid. 'The accused, who told you he was admitted as a lawyer, you might think would know perfectly well that trust funds are to be kept separate from his business and personal funds and he was obliged to account to the beneficiary, Mr Sebastian, for them,' Mr Hatfield said. 'His assertions about his rights to use the money how he pleased, and his common practice of taking money when he needed it for cash flow purposes, should not deflect you in your judgments about what the accused must have known and his state of mind in relation to it.' Mr Day's barrister Thomas Woods previously told the court that while Mr Day had 'on some occasions' failed to transfer money to Mr Sebastian, he denied doing anything criminal.
