Annette Sharp: Titus Day’s character to be focus of embezzlement sentencing

The Crown prosecutor intends to submit documents that question the good character of Guy Sebastian’s former manager Titus Day in his embezzlement sentencing hearing, writes Annette Sharp.

Talent manager Titus Day remains on bail and out of jail this weekend after a court on Friday heard Guy Sebastian’s longtime manager demonstrated he was an honest man of integrity during his years working alongside former partner and now rival Sean Anderson of 22 Management.

Anderson and Day had worked together for five years, and when Day left 22 in 2009 to start his own talent management business, Six Degrees, he did so with Anderson’s “good wishes”.

Anderson returned to the stand on Friday for Day’s sentencing hearing after a jury in June found Day guilty of embezzling more than $600,000 in the form of music royalties, performance fees and ambassador payments.

The verdict followed a gruelling seven-week trial earlier this year during which the original judge for the case, Peter Zahra, had to replaced after he suffered a stroke and died.

At Friday’s hearing, Crown prosecutor David Morters SC indicated he would be submitting statements which would bring into question Day’s good character.

Titus Day arrives at the Downing Centre Courts on Friday. Picture: John Grainger

However, under cross-examination from Day’s defence barrister Dominic Toomey, Anderson offered an alternative view, telling the court he hired Day because he was an honest man of good character and integrity.

During a long day of legal arguments, Judge Timothy Gartelmann presided over an at-times rambunctious courtroom as nine of Day’s supporters seated in the public gallery voiced their disagreement with the Crown’s allegations.

Day has been found guilty of embezzling funds from his former client Guy Sebastian.

One man, who said he had been friends with 49-year-old Day for years, claimed people had been “playing games with Day’s life”.

Mr Toomey told the court he did not “seek to go behind the jury’s verdicts”, but claimed Day’s crimes were not “like the typical case of embezzlement”.

He argued the funds taken from Sebastian were not for the sole and direct benefit of Day.

Mr Toomey, in a strong subjective defence, conceded that he would not be making the submission Day was “on good terms” with every client he had.

“I doubt that could be said of any talent manager,” the defence lawyer said.

Judge Gartelmannsaid he would only be considering evidence that showed Day’s offending was out of character.

“The question of whether or not he was on good terms is neither here nor there,” the judge said.

“The question of whether the offences are out of character is the issue … if the offender were otherwise regarded as honest, trustworthy and with integrity, that is a matter of some potential significance to the sentence exercise.”

Mr Toomey said he would be relying on a “large number of client testimonials” which were “replete with representations as to the offender’s good relationship with his clients”.

Among those who have offered references to support Day’s good character are music promoter Paul Dainty and singer Tina Arena.

Prosecutors had made three attempts to detain Day ahead of his sentencing, all unsuccessfully.

The matter will now return to court on November 4.

Day and Sebastian had been the closest of friends before a bitter fallout saw them part ways in 2017.

Following the separation, Sebastian claimed he found anomalies in his financial records and launched legal action against his former manager to recoup the money he was owed.

Day responded with a counterclaim, alleging it was he who was owed money by Sebastian — a claim the reality TV show judge denied.

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