Guy Sebastian’s ex-manager was released 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 able to walk free on bail while awaiting sentencing.
Last month, Titus Day was found guilty of embezzling $ 620,000 from the pop star after a lengthy trial.
On Monday, Judge Peter Garling explained that there was a possibility that Day could avoid going to jail for the crime, meaning in these circumstances, he should not be arrested before a sentencing hearing set for May 16. September.
During the trial, the NSW District Court found that Mr. Sebastian owed him $ 900,000 after being managed by Mr. Day for over a decade.
He was convicted of 34 of the 60 charges he faced, including embezzling more than $ 620,000 from the pop singer’s earnings.
The prosecution requested that the 49-year-old man not be released on bail, citing reasons such as the amount of money involved and the period of time during which the crimes were committed.
Crown Attorney David Morters SC said it was inevitable because of the nature of the crimes Mr. Day would go to jail.
“Even putting the best possible light on crimes of this nature, the only possible provision is imprisonment,” he said.
Mr. Day’s defense attorney, Dominic Toomey, successfully opposed the arrest request, saying there was a “very real prospect” that Day could receive an order for intensive corrections to be attended to in the community. .
District Court Judge Timothy Gartelmann SC granted bail because he was not “positively satisfied” that Day would be sent to jail.
The decision was remanded to the Supreme Court, where Judge Garling agreed with the reasoning that while it was “very likely” Day would be sentenced to prison, the sentencing judge would come forward with other considerations.
“On the material before me, including the DPP’s acceptance that the offender had no previous criminal convictions, I was not convinced that there was no other alternative to conviction available to the judge other than full-time imprisonment,” said Judge Garling.
Day became Sebastian’s manager in 2009 through his talent management business 6 Degrees.
The court heard the two were close friends, but they broke up after a bitter fight in 2017.
Sebastian claimed that he later found anomalies in his financial records and initiated legal action against his former manager to recover the money owed to him.
Day alleged that Mr. Sebastian owed him money, which the reality TV judge denied, but argued throughout the trial.
The court was told that Day used some of the money owed to Sebastian, including about $ 187,000 from a Taylor Swift support concert, to buy shares on his behalf at a company called My Medical Records.
The court said Day was on the company’s board at the time.
The lengthy trial was plagued with delays, including the death of the original judge assigned to the case, health emergencies and the diagnosis of Sebastian’s Covid-19.