Guy Sebastian’s former manager has been jailed for a maximum of four years and ordered to repay more than $624,000 fraudulently taken from the Australian Idol winner over eight years.
On Thursday, Judge Tim Gartelmann sealed Titus Emanuel Day’s fate, putting him behind bars for at least two years and six months, when he will be eligible for parole.
The 49-year-old’s conviction comes after a NSW District Court jury found him guilty of 34 fraud charges in June.
“All (charges) were committed for financial gain though this is inherent in offences of this kind. The offender used the money other than for Mr Sebastian’s benefit,” Judge Gartelmann said at Sydney’s Downing Centre.
With payments for Sebastian’s performances sent to trust accounts held by Day’s firm 6 Degrees, the talent manager failed to remit what was owed to the pop star from 2009 until November 2017, when the pair fell out.
Funds owed included royalties, performance and ambassador fees, including for a wedding in Venice, singing at a Taylor Swift tour, an ambassadorship for Dreamworld, and playing at a New Year’s Day Big Bash cricket event.
Day spent several minutes after the sentence hugging friends and family members in court before being handcuffed and escorted away by officers.
Judge Gartelmann rejected claims by Day that he used some of the money to repay commissions, legal expenses and other costs owed, saying there was no evidence to back this up.
The offences involved a breach of trust but none involved any serious sort of planning, the judge said.
Depending on the amount of money taken each time, the judge described the conduct as spanning from very low to between medium and high range on a scale of seriousness.
In handing down the sentence, Judge Gartelmann took into account Day’s lack of prior criminal history and testimonials from supporters about his good character.
“Numerous testimonials attest to his character. They constantly describe him as generous, honest and trustworthy,” the judge said.
The fraud was out of character for the talent manager, his friends and family told the court.
However, Judge Gartelmann noted there was no evidence of remorse, as Day continued to maintain his innocence.
High levels of media publicity had also had an impact on Day and his business, he noted.
“Testimonials described it as sometimes scathing. His reputation has been damaged and will likely never be fully restored.”
The extent of this publicity and strict conditions in jail as a result of COVID-19 restrictions would exacerbate Day’s time in custody, the judge added.
Day’s non-parole period will expire on May 16, 2025. His full prison sentence will expire on November 16, 2026.
In June, the jury found Day not guilty of a further 13 charges.
After trying to recover lost monies, Sebastian filed a civil lawsuit in the Federal Court in July 2018. This case has been put on hold while the criminal proceedings against Day continue.
© AAP 2022
