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Judge Tim Gartelman SC appointed presiding judge in Guy Sebastian’s case, court on Tito’s Day


Another health emergency has delayed a case of embezzlement against former manager Guy Sebastian.

The Australian music and reality TV star briefly returned to the witness box on Monday when the trial for the embezzlement of Tito Day resumed after the death of the first judge appointed to conduct the trial.

Camera iconDoctors were called in to help a juror who reportedly had an allergic reaction to the food. Credit: News Corp Australia, NCA Newswire / Gaye Gerard

Shortly before 2 p.m., when Mr. Sebastian was due to continue testifying, an ambulance was called to a Sydney court site at the Downing Center after a jury began to experience an adverse reaction to food.

The 49-year-old Mr. Day pleaded not guilty to 50 counts of fraudulent embezzlement of about $ 900,000 in royalties, execution and payments to ambassadors who allegedly had to pass to Sebastian.

Camera iconMr. Sebastian became famous after winning the Australian Idol. Credit: News Corp Australia, NCA Newswire / Gaye Gerard
Camera iconMr. Day claims that Mr. Sebastian owes him money. Credit: News Corp Australia, NCA Newswire / Gaye Gerard

After starting in NSW District Court two weeks ago, the trial abruptly stopped after a jury reported that Judge Peter Zahra SC had suffered a stroke.

Mr. Sebastian also gave a positive result on Covid-19 and was forced to isolate around the same time.

Judge Zahra died last week and a new judge, Tim Gartelman SC, was announced as his replacement on Monday.

Crown Attorney David Morters SC spent most of Monday showing Mr. Sebastian emails and bank statements, and asked him about a number of deals and employment relationships.

Titus Day and Guy Sebastian
Camera iconTitus Day and Guy Sebastian broke up in 2017 after working together for 12 years. Credit: News Corp Australia

The court was told that in 2016, Mr. Sebastian contacted a manager in Germany named Tessie Schultz, but they were unable to establish a one-on-one relationship with the client after Mr Day joined.

“At that time there[Германія]certain songs were played, ”Mr. Sebastian said in court. “Germany” MrSebastiantoldcourt [Germany”MrSebastiantoldcourt

“I thought it would be wise to have someone who understands the market. I wanted it to be a direct relationship between me and Tessie. ”

Camera iconSophie Monk and Grant Denier were previously on Mr. Day’s client list. Credit: News Corp Australia, NCA Newswire / Gaye Gerard

Mr Sebastian said he had arranged a meeting with Ms Schultz in Hamburg, but “Titus eventually came to the meeting”.

“I remember feeling awkward,” Mr Sebastian told the court.

“I really wanted to meet Tessie alone.”

Mr. Day struck a “deal” with Ms. Schultz and “divided the commissions accordingly,” Mr. Sebastian told the court.

“No, they didn’t,” Mr. Sebastian replied when asked if he had been told by anyone from Mr. Day’s company, 6 Degrees, that he was obliged to pay Mrs. Schultz.

“No, I didn’t,” Mr Sebastian said when asked if he had authorized Ms Schultz’s 6-degree payment.

Camera iconMr. Sebastian is currently serving as a judge on The Voice Australia. Credit: News Corp Australia, NCA Newswire / Gaye Gerard

The court was told that when a conflict arose over Mr. Sebastian’s finances, Mr. Day expressed concern about Mr. Sebastian’s accountant Dorcas Kemp and suggested there was “incompetence” on the part of accounting firm George Kemp and Associates.

“There have been several times when Titus has spoken about Dorcas … usually he said, ‘I am your manager, she is your accountant, she must not cross the border,'” Mr Sebastian told the court.

“I started to think that there was a conflict between my management and the accountants, and it made things very difficult for me.

“I changed my accountants.”

After the court read out excerpts from several emails that Mr. Day sent to Mr. Sebastian – promising him a 10 percent stake in 6 Degrees and another stake in Solar D Sunscreen Company – Mr Sebastian said that he was never given a share in anything.

The trial is set to resume on Tuesday morning.

Judge Zahra’s funeral is scheduled for Friday.


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