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Posted: 2022-06-14 02:39:48

A Sydney jury that was directed by a judge to find Guy Sebastian's former manager not guilty of three embezzlement charges has been told the development doesn't reflect the validity of 47 remaining charges. 

Titus Day, 49, has faced a lengthy trial in the NSW District Court after pleading not guilty to embezzling about $900,000 from the singer, who he managed for a decade, through royalties and performance fees. 

In 2009, he poached Sebastian for his own breakaway management company, 6 Degrees.

At the end of the Crown case last week, Judge Timothy Gartelmann directed the jury to find the accused not guilty of three counts of embezzlement.

During a closing address today, Crown Prosecutor David Morters SC told jurors that during the course of the trial, evidence emerged of funds related to some counts not actually being withheld from Sebastian.

"It cannot be said the laying of those charges reflects poorly on the investigator or the prosecution," Mr Morters said.

Guy Sebastian arrives at court
Titus Day poached Guy Sebastian as a client in 2009.(AAP: Dean Lewins)

He told the jury it was also not a matter which demonstrated "ineptitude" on behalf of the prosecution.

"The charges were rightly dismissed, but they do not reflect on the validity of the remaining 47 charges."

The jury heard the remaining counts relate to a total amount of just over $882,600.

Mr Morters has told the jurors that in order to return guilty verdicts, they must be satisfied that Mr Day was acting as a clerk to an employer and that he embezzled property, namely funds, from that employer.

He likened the charges to a shopkeeper who receives payment for goods and services and who, rather than placing the money in a till, puts it into their own pocket.

Mr Morters argued it was clear, from financial records before the court, that Mr Day had "dispersed these funds in a way which was inconsistent with the interests of Mr Sebastian and he in effect embezzled that money from Mr Sebastian".

Sebastian has previously given evidence that Mr Day took over control of almost every aspect of his professional affairs, including the execution of contracts.

He said he didn't read through every document presented to him to sign because he knew Mr Day was a contract lawyer and trusted him.

The court has heard a draft contract was created for Sebastian's switch to 6 Degrees, but the Crown says it was never signed.

Their professional relationship continued until November 2017, when it ended with hostility.

Mr Day's barrister, Dominic Toomey SC, has argued there is an answer to every one of the charges his client faces.

He's also suggested jurors may wonder whether police were "wilfully blind" or "seduced" by the singer's high profile.

The trial continues.

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