Accusations of lies during Guy Sebastian’s final day of evidence in Titus Day trial
The final day of Guy Sebastian’s testimony in the embezzlement case against his manager was punctuated by fiery exchanges and accusations of “flat out lies” and “making it up”.
The final day of testimony from Australian musician Guy Sebastian in the embezzlement case against his former manager was punctuated by fiery exchanges and accusations of “flat out lies” and “making it up”.
Mr Sebastian took the stand in a NSW District Court on Tuesday for the final day of his evidence in the trial of his former manager Titus Day.
In court, the 40-year-old laughed as he denied having a “history of violence” after being asked if he threatened his former manager, who is accused of embezzling nearly a million dollars from the star.
Mr Day, 49, has pleaded not guilty to 50 counts of fraudulently embezzling around $900,000 worth of royalty, performance and ambassador payments that were allegedly meant to go to Mr Sebastian. He also denies 50 alternative counts of larceny.
The pair worked together for eight years between 2009 and 2017, with Mr Day controlling the flow of finances through his company 6 Degrees.
When their relationship suffered a bitter breakdown, Mr Sebastian claimed he discovered there was money missing that was owed to him. He launched legal action against his former manager to recoup the money he was allegedly owed.
Mr Day responded with a counterclaim, alleging it was he who was owed money by Mr Sebastian – a claim the former Australian Idol winner and reality TV show judge denies.
The court was told that Mr Day took out an apprehended violence order against Mr Sebastian in May 2020, allegedly out of fear for his safety.
Crown prosecutor David Morters SC said Mr Day told police that he and his wife had been targeted by Mr Sebastian, who he alleged was responsible for sending threatening emails to his wife and puncturing his car tyres.
“At 6pm on May 20, 2020, I received a call from a blocked number saying ‘Guy Sebastian wants you f***ed. They say it’s wrong, they say you’re a pedophile’,” Mr Morters read from Mr Day’s statement in the AVO application to the court.
“Guy has a violent history that I know about and my wife is scared.”
Mr Sebastian laughed and told the court that he had not participated in any of the alleged intimidation or asked anyone else to do so.
“Not even close,” the musician chuckled when asked about his alleged violent history.
The court was told the AVO application was withdrawn after Mr Day was asked to provide evidence. Mr Sebastian strongly denied the suggestion from defence barrister Dominic Toomey SC that he had sought to “weaponise the criminal justice system” because he was concerned about the negative publicity from the AVO.
The inaugural Australian Idol winner told the court that he had reached out to Mr Day and his wife when he found the anomalies in his financial documents to try to settle the matter amicably.
“He was the one who was refusing to meet,” Mr Sebastian said.
“He’s done this on purpose. He could have taken this meeting and he could have told me what I hoped to hear – that he didn’t take it on purpose.”
Mr Sebastian said he’d gone to a friendly police officer, whom he colloquially called “Murph”, about the alleged embezzlement because he didn’t want to publicise the matter.
“I was aware of the instability of Mr Day at the time,” Mr Sebastian told the court.
Before the breakdown of the relationship, the musician said he had faith in his former manager to manage his finances without his interference.
“I had trust in my manager. I don’t do a gig and check my account to see whether I’ve been paid … The only accounts I’m checking are the ones I use daily,” Mr Sebastian said.
“My income stream is so complicated that I have to rely on Mr Day. He’s the one who is receiving the money.”
In 2013, the court was told that Mr Day had encouraged Mr Sebastian to buy $US200,000 ($A281,600) worth of shares in a company called My Medical Records – of which Mr Day was a board member.
When the former bosom buddies parted ways, the court was told that both Mr Day and Mr Sebastian were holding money owed to the other in a stand-off while both parties demanded more information.
The court was told that Mr Day retained performance payments that he said were owed to him as part of a prearranged commission, while Mr Sebastian held on to part of Mr Day’s rightful commission to get clarification on the invoices that allegedly didn’t add up.
Tuesday’s evidence became quite heated at times, with Mr Toomey asking Mr Sebastian whether he was “making it up as you go along” and the musician firing back that the lawyer had suggested a “flat out lie”.
“That’s far-fetched, straw clutching Mr Toomey,” Mr Sebastian said at one point.
The musician concluded his evidence before 2pm on Tuesday and will perform a concert in Melbourne on Tuesday night.