Day’s lawyer argued that Sebastian and his former manager had accused each other of owing money, and the jury would have to acquit him of all charges to allow the commercial dispute to be resolved elsewhere.
Day had been Sebastian’s long-term manager and Sebastian followed him when he founded his own company, 6 Degrees, in 2009. Sebastian’s income was paid to Day, who deducted a commission from the 20 percent and GST before sending the rest to the singer.
Guy Sebastian leaves Downing Center District Court in Sydney last month. Credit: Brook Mitchell
The court learned that several amounts were not paid into Sebastian’s “GuyTunes” account, which caused him to separate from Day in November 2017 and initiate an action in Federal Court. Sebastian also reported the matter to police in June 2020.
Sebastian told the court he approached a detective who had been on a cricket team with his friend Tim Freeburn, initially asking for advice and then making his complaint. This was for several reasons, including not wanting to be photographed at a police station.
The decision to approach senior detective David Murphy became a focus for Day’s lawyers, who argued that it was unusual for a police officer to have a social connection to the complainant in the case they were investigating.
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In an interview recorded the night of his arrest in July 2020, Day argued that Sebastian also owed him money and asked why his former client had not been “picked up for fraud.”
“All the money I have from Guy, I say, is mine, and it’s only a fraction of what he owes me,” Day said in the interview. “He terminated my contract and paid me no commissions.”
Day also referred to an AVO he had made against Sebastian after he received a phone call from a blocked number in May 2020 that said “Guy Sebastian wants you f — ed.” Sebastian was questioned about the court call and refused to have anything to do with it.
In his summary to the jury, Judge Gartelmann said the Crown must prove that Day’s actions were fraudulent and that his apparent failure to transfer funds to Sebastian was not simply a mistake or an oversight.
Day’s lawyer, Dominic Toomey SC, echoed that and told the jury that Day handled complex transactions for up to 30 clients on the same account.
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