The former manager of pop star Guy Sebastian has asked the state to pay an estimated $1 million in legal costs after successfully overturning his convictions for defrauding his celebrity client.
Titus Emanuel Day was sentenced to a minimum of two and a half years in prison in November 2022 after a jury found him guilty of 34 fraud-related charges, including embezzlement of more than $620,000.
The star manager successfully overturned his convictions on appeal last year and is due to appear again next year, continuing to deny the allegations against him.
Mr Day’s lawyers have filed a motion for a temporary stay of his retrial until the prosecution compensates him for the reasonable legal costs he incurred during the initial trial and the appeal.
Mr. Day’s legal fees are reportedly approaching $1 million.
The New South Wales District Court had previously been told that the Crown had agreed to pay reasonable costs, but the amount had yet to be determined.
If the parties cannot reach an agreement on the amount, this will be determined by the court.
Mr Day’s lawyer, Lauren MacDougall, told NewsWire it would be unfair to proceed with the retrial before Mr Day has received compensation.
“It is a serious matter for the Court of Criminal Appeal to conclude that there has been a miscarriage of justice because of the conduct of the prosecutor and to quash convictions accordingly. That is what has happened in this case,” she said.
‘We consider that since the Crown is at fault in this regard, it would be unfair to Mr Day to allow him to have a new trial without compensating him for the costs he has wasted as a result of the failure of his first trial.’
If the parties do not reach an agreement by then, the court will decide on the request for a postponement on October 14.
In 2009, Mr Day became Mr Sebastian’s manager and the two became good friends until they fell out eight years later.
The award-winning musician claimed he found irregularities in his financial records and blamed them on his manager.
Mr. Sebastian started a lawsuit against his former friend to get back the money he claimed he was entitled to.
Titus Day (pictured) successfully overturned his convictions on appeal last year and will face a new trial next year. He has consistently denied the charges against him
Mr Day responded with a counterclaim, alleging that he was the one who owed money to the former Australian Idol winner.
Both men have strongly denied the allegations.