Despite yet another attempt to have Titus Day jailed for stealing more than $600,000 from Guy Sebastian, he will continue to be free on bail.
Day was suspected of stealing about $900,000 from Sebastian, and a jury found him guilty of more than 30 of the 47 charges against him last month.
On September 13, the crown prosecutor David Morters SC requested that Day be imprisoned until sentencing.
The detention request was denied on Tuesday in the NSW Supreme Court by Justice Peter Garling.
It was the second time that the prosecution’s request to put Day behind bars was denied.
Day has been forced to give up his passport and is required to attend every Wednesday to the Waverley Police Station while on bail.
A number of problems plagued the 49-year-trial, old’s including the passing of the original judge Peter Zahra, the expulsion of five jurors from a panel of 15, and Sebastian’s contracting of Covid-19.
Jurors were made aware of the enormous sums Sebastian was compensated for performances, including the $494,360 he received to assist Taylor Swift on her “The Red Tourfour-city “‘s Australian leg in December 2013.
Sebastian billed $54,341 for his performance at a Jakarta wedding in July 2017, while McDonald’s paid him $66,000 to perform at a conference in September of the same year.
The singer also received $49,114.62 for performing at Sydney’s Allianz Stadium in 2013’s British and Irish Lions rugby trip.
Sebastian testified that as part of “contra” agreements with big corporations, he had received a boat, international airfare, and the use of two Toyota LandCruisers for himself and his wife in lieu of financial payment.
Up until November 2017, when the singer ended their relationship amicably, Day handled Sebastian for around ten years.
The artist filed a legal lawsuit against Sebastian in July 2018 after Sebastian discovered “anomalies” in bank records that indicated Day still owed him money, according to testimony given in court.
Sebastian later reported the incident to the police, which led to the trial where each men claimed the other owed them money.
Day is accused of embezzling money totaling $361.34 in royalties and $187,524 in performance fees. An ambassadorship for $21,000 was one of the charges.
On June 9, when the prosecution acknowledged Day had no case to answer to the three accusations of embezzlement, Judge Tim Gartelmann directed the jury to deliver not guilty verdicts.
In those accusations, Day was accused of embezzling royalties of $13,380.60, $936, and $361.34 between 2014 and 2020.
Following the conclusion of the prosecution’s case, defense attorney Dominic Toomey SC requested an acquittal. Crown attorney David Morters SC agreed after acknowledging there was no evidence.
Judge Gartelmann stated, “There was just no evidence at all that the accused did the deed alleged to constitute any of these offenses.”
Day must also be cleared of the related back-up accusation of the lesser crime of theft if the jury finds him not guilty on any of the remaining 47 charges, according to Judge Gartelmann.
Day did not testify at the trial.
Judge Gartelmann informed the jury that “the accused exercised a right to silence in declining to do so.
” He was under no duty to present or even call any witnesses.
“The accused need make no proof whatsoever…” He cannot be held accountable in any way for the fact that he did not call or present any evidence.
Nothing can be inferred from it.
Day, who was due a 20% commission on Sebastian’s earnings, retained money put into his account that ought to have been passed to the singer, according to Mr. Morters, who testified before the jury.
In his final address, Mr. Morters stated, “It is evident from the financial records you have that he distributed these assets in a manner which was inconsistent with the interests of Mr. Sebastian.”
He stole that money from Mr. Sebastian, in essence. He never made the required payment; instead, he spent the money for other things.
However, Mr. Toomey asserted that his client had a defense to each and every accusation, and he speculated that Sebastian’s high profile may have tempted the authorities.
Day claimed to have unpaid fees from the chart-topper totaling $1.2 million.
Why is he not being arrested for fraud and failing to pay me commissions?
Day claimed that he catered to the jury in the July 2020 interview. “I don’t get it,” you say.
After the jury returned their judgments, Mr. Morters unsuccessfully requested that Day’s bail be revoked, warning Judge Gartelmann that convictions would probably result in a jail sentence.
Day’s sentencing date is September 16.