Musician Guy Sebastian had a "barrow to push" and was "evasive" when he gave evidence against his ex-manager Titus Day in an embezzlement trial, a Sydney jury has been told.
Mr Day, 49, pleaded not guilty in the NSW District Court to 50 charges over the alleged embezzlement of nearly $900,000 from Sebastian, who he managed for a decade.
After a lengthy trial that began in early May, Mr Day's barrister Dominic Toomey SC today began his closing address by reminding jurors they cannot find Mr Day guilty unless they are satisfied, beyond reasonable doubt, that he used the money dishonestly.
Sebastian has previously told the court that Mr Day controlled almost every aspect of his professional affairs, including the execution of contracts, and he didn't read through every document presented to him to sign.
"We submit to you that Mr Sebastian presented as a person who had a barrow to push," Mr Toomey told jurors.
"He had an agenda. In his answers to questions that I put to him, you might think that he was evasive.
"Indeed, I would like to suggest to you that if I had put to Mr Sebastian the proposition that the sun rises in the east, he might have asked me what I was insinuating."
Mr Toomey said this was in "stark contrast" to when Sebastian answered questions from the Crown, when he was cooperative and gave short answers.
At the centre of the case are funds allegedly owed to Sebastian, including through royalties and performance fees, which Mr Day is accused of embezzling.
The court heard the singer was introduced to Mr Day in 2007 and signed a contract with his then-employer 22 Management, but in 2009 Mr Day poached Sebastian for his own breakaway management company, 6 Degrees.
Mr Toomey today said Sebastian would often "go off on a narrative of his own" in response to questions while being cross-examined.
"He twisted himself in knots in his evidence in an attempt not to acknowledge the existence of an agreement between him and Mr Day," he said.
"He could not bring himself to use the word contract in reference to his arrangement with Mr Day."
Mr Toomey suggested this was because Sebastian believed doing so may be against his interests.
Last week, Judge Timothy Gartelmann directed jurors to find Mr Day not guilty of three embezzlement counts, however, 47 remained.
The remaining counts relate to just over $882,600.
Mr Day elected not to give evidence during the trial and Judge Gartelmann today gave the jury 10 extensive directions about the submissions made by the Crown during its closing address.
The judge emphasised that the Crown has the onus of proof.
"[Mr Day] has a right to silence," Judge Gartelmann said.
"He exercised that right to silence in not giving or calling any evidence.
"It does not amount to any admission of guilt. No inference can be drawn against him because of it."
