Day’s lawyer argued that Sebastian and his former manager had both accused each other of paying money, and that the jury should acquit him of all charges so the commercial dispute can be settled elsewhere.
Day had long been Sebastian’s manager and Sebastian followed him when he founded his own company, 6 Degrees, in 2009. Sebastian’s income was paid to Day, who withheld 20 percent commission and VAT before forwarding the rest to the singer.
The court heard that several amounts had not been deposited into Sebastian’s “GuyTunes” account, leading him to part with Day in November 2017 and file a lawsuit in federal court. Sebastian also made a report to the police in June 2020.
Sebastian told the court that he approached a detective who had been on a cricket team with his friend Tim Freeburn, initially asking for advice and later filing his complaint. This was for several reasons, including not wanting to be photographed in a police station.
The decision to approach Detective Senior Officer David Murphy became a focus of attention for Day’s attorneys, who argued that it was unusual for a police officer to have a social connection with the complainant in the case they were investigating.
In a taped interview the night of his arrest in July 2020, Day claimed that Sebastian also owed him money and wondered why his former client had not been “arrested for fraud”.
“All the money I own from Guy’s is mine, and is only a fraction of what he owes me,” Day said in the interview. “He terminated my contract and paid me no commissions.”
Day also referenced an AVO he signed against Sebastian after he received a call in May 2020 from a blocked number that read: “Guy Sebastian wants you f—ed”. Sebastian was questioned about the appeal in court and denied having anything to do with it.
In his summary for the jury, Judge Gartelmann said the Crown must prove that Day’s actions were fraudulent, and that his apparent failure to transfer money to Sebastian was not just a mistake or a mistake.
Day’s attorney Dominic Toomey SC reiterated this, telling the jury that Day managed complex transactions for up to 30 clients in the same account.
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