Australian pop idol Guy Sebastian’s former manager will be trialled for a second time over allegations he embezzled the singer’s earnings after an earlier jail sentence was quashed.
Titus Emanuel Day was jailed for at least two and a half years in November 2022 after a jury found him guilty of 34 of 47 fraud-related charges, including embezzling more than $620,000.
Mr Day was also ordered to pay the vast sum back to Mr Sebastian, but has always maintained his innocence. Earlier this year he launched a desperate appeal to overturn the charges.
That appeal was granted at the Court Criminal Appeal on Wednesday, with Acting Justice Carolyn Simpson ordering for the conviction to be quashed and a new trial to be held.
The court was told Justice Hament Dhanji and Justice Julia Lonergan agreed with Justice Simpson’s findings, with Titus ordered to reappear before the District Court next week.
Lawyer Bret Walker SC previously told the court that the appeal was based on three grounds, with the first alone acquitting Mr Day if it succeeded in the Court of Appeals.
Mr Walker argued Mr Day was not the pop singer’s clerk, as he had a contract with Mr Day’s management company Six Degrees prior to the pair’s falling out.
The second ground related to whether a miscarriage of justice was occasioned from the Crown’s closing address, which Mr Walker alleged influenced the jury.
In their remarks, the Crown emphasised on the Mr Day’s failure to give evidence despite the defence deciding not to call Mr Day to give evidence during the trial.
The third ground for appeal relates to whether the jury reached a verdict following undue pressure from a fellow juror, who had an upcoming overseas holiday.
The length of the trial was extended by a fortnight due to unforeseen circumstances, including the death of the initial trial judge and Mr Sebastian getting Covid-19.
The jury heard a mountain of evidence during the trial, including from Mr Sebastian, his wife Jules, bookkeepers and the police officer in charge of the investigation.
Mr Day became Mr Sebastian’s manager in 2009, but the pair had a bitter falling out in 2017 after which the pop star claimed he found anomalies in his financial records.
He subsequently launched legal action against his former manager to recoup the money he claimed he was owed by Mr Day, whose company represented high-profile clients.
Mr Day responded with a counterclaim, alleging it was he who was owed money by Mr Sebastian – a claim the judge on reality TV show X-Factor vehemently denied.
Both men continued to argue the other owed them money throughout the heated trial in Sydney’s Downing Centre District Court late last year.
The jury found Mr Day had used some of the money owed to Mr 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.