Guy Sebastian’s ex-manager walked free on bail despite being found guilty of embezzling money from the pop star. Here’s why.
A NSW Supreme Court judge has explained why Guy Sebastian’s former manager was allowed to walk free on bail while he awaits sentencing.
Last month, Titus Day was found guilty of embezzling $620,000 from the pop star following a lengthy trial.
On Monday, Justice Peter Garling explained there was a possibility Mr Day could avoid jail time for the crime, meaning in the circumstances he should not be detained ahead of a sentence hearing set for September 16.
During the trial, the NSW District Court heard Mr Sebastian was owed $900,000 after being managed by Mr Day for over a decade.
He was convicted on 34 of the 60 charges he was facing, including the embezzlement of more than $620,000 of the pop singer’s earnings.
Prosecutors called for the 49-year-old not to be released on bail, citing reasons including the amount of money involved and the period of time over which the crimes were committed.
Crown prosecutor David Morters SC said it was unavoidable due to the nature of the crimes that Mr Day would be going to jail.
“Even placing the best possible light on it in offending of this nature, the only possible disposition is custodial punishment,” he said.
Mr Day’s defence barrister, Dominic Toomey, successfully opposed the detention application, saying there was a “very real prospect” Day could receive an Intensive Corrections Order to be served in the community.
District Court Judge Timothy Gartelmann SC granted bail on the grounds he was not “positively satisfied” Day would be sent to prison.
The decision was referred to the Supreme Court, where Justice Garling agreed with the reasoning that while it was “highly likely” Mr Day would be sentenced to jail time, the sentencing judge would be presented with other considerations.
“On the material before me, including the acceptance by the DPP that the offender had no previous criminal convictions, I was not satisfied that there was no other sentencing alternative available to the Judge other than full-time imprisonment,” Justice Garling said.
Day became Sebastian’s manager in 2009 through his talent management business 6 Degrees.
The court heard the two were close friends but parted ways after a bitter falling out in 2017.
Sebastian claimed he later found anomalies in his financial records and launched legal action against his former manager to recoup the money he was owed.
Day alleged he was in fact owed money by Mr Sebastian, something the reality TV judge denied but was argued throughout the trial.
The court was told Day used some of the money owed to Sebastian – including about $187,000 from a Taylor Swift support act gig – to purchase shares on his behalf in a company called My Medical Records.
The court was told Day sat on the board of the company at the time.
The lengthy trial was plagued by delays, including the death of the original judge assigned to the case, health emergencies and Sebastian’s Covid-19 diagnosis.
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