Judge apologises to jury in trial of Guy Sebastian’s ex-manager Titus Day

A Judge has issued an apology as key issues remain unresolved and another delay affects the embezzlement trial of Guy Sebastian’s ex-manager.

The Judge in the trial of Guy Sebastian’s ex-manager has apologised to jurors after “issues” led to less than 90 minutes of evidence being given on Thursday.

Titus Day has pleaded not guilty to 50 counts of fraudulently embezzling almost $900,000 in royalties, performance and ambassador fees the singer was allegedly owed.

Guy Sebastian finished giving evidence this week. Picture: NCA Newswire / Gaye Gerard

Mr Sebastian, the trial’s star witness, finished giving evidence on Tuesday after seven days of questioning.

His former bookkeeper Dorcas Kemp started testifying on Wednesday, but before her return at midday on Thursday members of the jury spent the morning locked up in a room while Mr Day’s barrister and Crown prosecutor David Morters SC dealt with legal issues.

When the jury was allowed into the court, Judge Tim Gartelmann SC said he was “acutely conscious” of how frustrating the situation was.

“An issue arose that the parties needed to investigate before the evidence could continue,” he explained.

“I hope you can accept that I’ve had you return just as soon as we practically could carry on with the evidence.

“The issues are not completely resolved. I expect there will come a point where we will be able to go no further today while some further investigation or examination occurs before the balance of the day.”

Titus Day denies wrongdoing and has claimed Guy Sebastian owes him money. Picture: Richard Dobson

Ms Kemp returned to the witness box to answer questions from Mr Morters about a series of email exchanges and financial transactions.

She told the court that despite multiple attempts to get expense information from Mr Day – about costs associated with a close to $500,000 job Mr Sebastian secured for performing at four Taylor Swift concerts – the details were never provided.

It’s alleged part of the amount Mr Day is accused of embezzling was cash owed to Mr Sebastian from the Taylor Swift job.

The court heard when Mr Day was being asked to provide details to Ms Kemp and her colleagues, he wrote an email saying “just letting you know I’m working on this stuff … it’s taking a bit of time, will get it done asap”.

Titus Day and Guy Sebastian in happier times.

During Ms Kemp’s testimony, Mr Sebastian’s new manager, Jennifer Fontaine, made a brief appearance on screens in the courtroom.

Judge Gartelmann momentarily halted proceedings while Ms Fontaine turned her camera off and continued to watch the trial from a remote location.

Moments later, Mr Morters said he could not continue asking evidence and the trial was halted.

Judge Gartelmann told jurors what they saw in the courtroom was just “the tip of the iceberg” when it came to the work involved in running a trial.

“Apologies to you once again for the delays … it is sometimes unavoidable despite the parties’ best effort,” he said.

The latest delay comes after the first Judge appointed to preside over the trial, Judge Peter Zahra SC, died just days after the trial started.

Judge Peter Zahra SC’s funeral was held at St Mary's Cathedral. Picture: NCA NewsWire / Jeremy Piper

Mr Sebastian also caught Covid-19 and was unable to give evidence for seven days.

After Judge Gartlemann took over, ambulances were called to Sydney’s Downing Centre where the trial is taking place, because a juror suffered a suspected allergic reaction to food.

Mr Morters later contracted the virus and was forced to appear from isolation in Melbourne.

The trial resumes on Friday.

Originally published as Judge apologises to jury in trial of Guy Sebastian’s ex-manager Titus Day