Guy Sebastian’s ex-manager Titus Day cleared of three embezzlement charges as defence calls no evidence

Guy Sebastian’s ex-manager has been cleared of three counts of embezzlement, with a jury set to consider dozens of other charges.

A judge has ordered a jury to find Guy Sebastian’s ex-manager not guilty of three embezzlement charges and said no inference could be drawn from Titus Day’s decision to exercise his right to silence.

The 49-year-old is on trial in the NSW District Court, accused of fraudulently embezzling almost $900,000 in funds that were allegedly owed to the pop star.

Guy Sebastian and Titus Day have fallen out. Picture: NCA NewsWire / Gaye Gerard

Mr Day has denied wrongdoing and has entered pleas of not guilty to 50 embezzlement charges and 50 alternative counts of larceny.

After the Crown case against Mr Day was closed, defence barrister Dominic Toomey SC made an application for the jury to be directed to find his client had no case to answer in relation to three embezzlement charges worth a combined total of about $14,600.

Crown prosecutor David Morters SC agreed with the request, conceding there was no evidence to suggest Mr Day embezzled the $14,600.

Mr Day has always denied wrongdoing. Picture: NCA NewsWire / Seb Haggett

When Judge Tim Gartelmann SC told jurors the news he also said if the jury returned not guilty verdicts to any of the other 47 charges laid against Mr Day, the related alternative larceny charges would also be thrown out.

“I have determined there is no evidence the accused did the act alleged to constitute certain offences in the indictment,” Judge Gartelmann said.

“In those circumstances a trial judge is obliged to direct a jury to return verdicts of not guilty on those counts.

“The Crown case on all the alternative counts cannot succeed. In due course I will direct you to return verdicts of not guilty on these counts too … that cannot occur now, the reason is that a verdict cannot be taken on any alternative count until there is first a verdict of not guilty on the principal count to which it relates.”

Mr Sebastian was grilled in the witness box. Picture NCA NewsWire/ Gaye Gerard

Mr Day did not give evidence. Picture: NCA NewsWire / Seb Haggett

Judge Gartelmann told the jury that the trial would now “be completed much sooner” than expected.

“The defence called no evidence,” he said.

“The accused exercised a right to silence in declining to do so. He had no obligation to give evidence or to call any at all.

“The accused need not prove anything at all … the fact he did not call or give any evidence cannot be used against him in any way at all. No inference can be drawn from it.”

Closing arguments are expected to be made on Tuesday when the trial is due to resume before jurors retire to consider their verdicts.

Originally published as Guy Sebastian’s ex-manager Titus Day cleared of three embezzlement charges as defence calls no evidence