Monday 23 May 2022 11:58 PM Guy Sebastian bristles under cross-examination at embezzlement trial of ... trends now
Guy Sebastian has had several prickly exchanges with the lawyer defending his long-time manager over charges he embezzled almost $900,000 from the Australian Idol winner.
Sebastian has been in the witness box of the Downing Centre District Court in Sydney for a week now and his evidence included multiple tetchy moments on Monday.
The Crown alleges Sebastian was underpaid at least $886,175.10 by Day in performance fees, royalties and an ambassadorship between 2013 and 2020.
Day, 49, has pleaded not guilty to 50 charges of embezzlement as a clerk or servant, and 50 alternative counts of stealing.
Guy Sebastian has had several prickly exchanges with the lawyer defending his long-time manager over charges he embezzled almost $900,000 from the Australian Idol winner
Australian Idol winner Guy Sebastian is giving evidence against Titus Day who is facing trial in the New South Wales District Court in Sydney Sebastian is pictured with wife Jules
His barrister, Dominic Toomey SC, is taking Sebastian through invoices, payment statements and banking records, many of which the singer says he does not recall seeing.
When presented with one document Sebastian sought to ask if it had ever been sent to him.
'The way this works is that I ask the questions and you answer them,' Mr Toomey told Sebastian.
Sebastian: 'I'm just trying to understand what you're putting in front of me.'
The ARIA-winner has been reminded several times by Judge Tim Gartelmann to confine his answer to the question being asked, rather than adding additional information.
Sebastian described one proposition put to him about Day charging a commission on a payment for a performance for which he received a boat rather than cash as 'ludicrous'.
Titus Day has pleaded not guilty to 50 charges of embezzlement as a clerk or servant, and 50 alternative counts of stealing. He managed Guy Sebastian for a decade before the pair split acrimoniously in late 2017
Mr Toomey suggested Sebastian was not being truthful about not having heard of two public relations companies he was supposedly paying for work in London.
'I don't recall either of those organisations,' Sebastian said, 'but just continue.'
Sebastian said he understood the seriousness of having gone to the police to make allegations that Day had failed to pay him fees he believed he was due.
'I absolutely appreciate the gravity of what you are saying,' Sebastian told Mr Toomey. 'I am not forensically skilled… when it comes to money and numbers it is pretty clearly not my forte.'
When Sebastian smiled after being asked again about the PR companies in London Mr Toomey said, 'You find this somehow amusing?'
'No, I find these documents amusing and what you're suggesting farfetched,' Sebastian replied. 'It's getting monotonous.'
When Sebastian laughed at another proposition and Mr Toomey asked again if he was amused, the witness said, 'I'm going to respond how I naturally respond Mr Toomey, not how you want me to respond.'
The ARIA-winner agreed he been involved in ambassadorships with Bose, AirAsia, Canon and Yamaha and accepted a Bluefin boat as payment for performing at a festival in Queensland
Mr Toomey has quizzed Sebastian about 'contra' payments, which involved receiving goods for his services rather than money.
Asked if it was his position he never believed he was required to pay commission on contra deals to his manager, Sebastian said 'absolutely'.
The court heard Sebastian had an endorsement deal with Toyota worth $142,269.44, for which he and wife Jules were each given the use of a LandCruiser.
Sebastian rejected the suggestion Day had made clear to him he would pay 20 per cent commission on that contra deal. 'That's a lie,' he said.
Mr Toomey: 'Did you seriously expect that contra to the value of in excess of $140,000 provided to you in payment for services provided by you as a performing artist would not attract any payment for your manager?'
Sebastian replied by saying some of what Day did for him required a 'heavy work load' but for other tasks he needed 'very little' assistance.
Day (left) and Sebastian (right) had worked together since 2007, four years after the singer won the first series of Australian Idol over Shannon Noll, another former Day client
Day's contribution to marketing Sebastian's song writing and television appearances was negligible. Day would 'hardly ever rock up' when he was a judge on The X Factor, for instance, 'but will take a $200,000 fee'.
Sebastian said he received two $82,500 payments from Bose totalling $165,000 plus an allowance of up to $50,000 in contra but he had not accepted goods worth that amount during the arrangement.
The singer did not accept financial statements which referred to 'comms' having been paid on contra to Day were valid.
'I do know Mr Day never told me he was going to
