Tuesday 17 May 2022 02:40 AM Guy Sebastian case against ex-manager loses another juror - as star tells of ... trends now
Guy Sebastian's embezzlement trial against his ex-manager has lost another juror as the trial ballooned out an extra week, leaving just 13 on the panel for the next four weeks.
Judge Tim Gartelmann refused to discharge the jury after a female juror had an overseas business trip booked for what will now be a week earlier than the projected date for the trial to now complete.
'It would cause her unreasonable hardship and her ability to concentrate may be affected,' Judge Gartelmann said, 'and she should not be required to continue to do so.'
The trial had lost one of its original 15 jurors in its first week, but a juror who fell ill after having a 'bad reaction' for eating lunch on Monday was back on the panel on Tuesday.
Sebastian returned to the witness box on Tuesday and detailed his frustration over getting a tax bill because of delays in filing a return on his payment for supporting superstar Taylor Swift.
'It was like getting blood out of a stone,' Sebastian told the court about getting his 2014 tax return completed while he was changing accountants under the instruction of his then manager, Titus Day.
Guy Sebastian outside the Downing Centre where the embezzlement trial of his former Manager Titus Day ahs been beset with delays, including a judge's death and losing another juror
The trial heard Sebastian was paid almost $500,000 for performing as a support act for superstar Taylor Swift, but The Voice star said he was 'frustrated' over the tax bill he copped for not getting his return in quickly enough for that payment
Day has pleaded not guilty to 50 charges of embezzlement as a clerk or servant. The charges relate to about $900,000 in royalties and fees allegedly not passed on to his former client and friend, Sebastian.
The Voice star describing chasing up the reconciliations for his performances and tours from around 2017 as difficult.
'Almost every tour was a nigthmare,' he told the court about reconciling his net income with the income reported on his tax returns after adding or subtracting non taxable items.
'I would constantly have to chase up and my accountants were having a tough time,' he said of tours including his 2017 You Me US tour'.
He said he's had conversations with his accountants about the urgency in getting his 2014 tax return done, which included his earnings from supporting Taylor Swift on tour.
Guy Sebastian (above on tour in 2016) told the court that 'almost every tour was a nightmare' for getting his income sorted so he didn't get a tax bill which he did after supporting Taylor Swift
The trial has earlier heard that Sebastian was paid $494,360 as the support act to Taylor Swift in 2013.
'I was very aware and very frustrated and I had a tax bill as a result [of the delays],' he said.
'It was like blood out of a stone trying to get this reconciliation from Taylor Swift and it was very frustrating.'
The trial has suffered a number of delays , including by teh tragic death of the presiding judge, Peter Zahra, froma stroke.
Downing Centre District Court Judge Gartelmann restarted the proceedings on Monday already with a complicating factor, that of crown prosecutor David Morters SC having tested positive for Covid.
This was after the Australian Idol winner and principal Crown witness Sebastian had himself come down with Covid in the opening week and Judge Peter Zahra falling ill and being taken to hospital, where he died from a stroke.
The court heard Judge Zahra's funeral, which will be held at St Mary's Cathedral in Sydney on Friday morning, may itself force a trial delay and Sebastian was also unavailable on that day.
When he resumed on Monday morning, Judge Gartelmann acknowledged 'the tragedy that is the loss of Judge Zahra', thanked the jury 'for continuing with your role', and pointed out that the crown prosecutor was appearing remotely because he had Covid.
His Honour also forecast the jury would have extended sitting hours to make up time, and the trial proceeded with Guy Sebastian in the witness box still giving evidence in chief to prosecutor Mr Morters.
Following the death from stroke of Judge Peter Zahra, a new judge Tim Gartelmann has taken over the trial, but on Monday after just hours of evidence, a juror fell sick and it was adjourned
But when the lunch hour adjournment ended at 2pm, Judge Gartelmann told the court that 'a juror has taken ill' and 'had a reaction to food during the lunch break' and would 'need to have a medical examination'.
Adjourning the trial for the day, with the hope of 'getting further information about the welfare of the juror concerned', he noted that 'a number of' jurors had 'raised concerns about the estimated duration of the trial'
'We will address these concerns as soon as we can.'
Before the latest delay, Sebastian had resumed testifying against Day about allegations that as the singer's manager he had embezzled about $900,000 from his client.
The trial before 14 jurors which is expected to run for another four
