Wedding texts bring Guy back on the witness stand

The singer stepped back on the witness stand on Monday to provide more evidence in the trial of his former manager Titus Day, who has been charged with fraudulent embezzlement of approximately $900,000 allegedly owed to Mr Sebastian.

Christian Bugno, a super fan who had Mr. Sebastian perform at his wedding in Venice in 2016, previously told the NSW District Court that he received multiple text messages from the former Australian Idol winner on May 23.

In the messages, which were sent between periods when Mr Sebastian was subjected to cross-examination, Mr Bugno said his father paid to fly Mr Day and Mr Sebastian to the wedding.

The ceremony is one of the many events that Mr Sebastian was paid to perform for and Mr Day was entitled to a 20 percent commission; however, it is alleged that Mr. Day withheld more money than he was entitled to.

Mr Day’s attorney Dominic Toomey SC told the court that Mr Sebastian was granted an exemption to speak with the Attorney General’s team after being questioned on May 23, but no mention was made of Mr Bugno and a general instruction was given not to discuss evidence in the trial with anyone else.

Mr Sebastian said “no one told me I couldn’t” when asked if he was told he could contact Mr Bugno.

“I have not been told such a thing… if I can give information I will, especially if I know it is wrong,” said Mr Sebastian.

“The whole purpose was to collect evidence related to the cross-examination.”

When Mr Toomey asked if Mr Sebastian thought his job was to gather evidence in criminal proceedings, Mr Sebastian said: “Well, I’m the one with the contact person”.

“I said I’ll text who made the trip,” Mr. Sebastian said.

“Since we’re in court, I really need to gather evidence and not just say ‘oh I remember’.

“I clearly remember Mr. Day saying ‘our flights are paid, let’s go there’…everything I did I did by the book.”

After Mr Sebastian finished giving his testimony, Mr Toomey spent the rest of the day scrutinizing the police officer in charge of the case.

Detective David Murphy told the court he had visited Mr Sebastian’s home several times to discuss the case after the pair met through mutual friend Tim Freeburn, who had previously played cricket with the detective.

The court was told that while Det Murphy thought Freeburn might have been able to provide material evidence – because he attended a meeting between Mr Day and Mr Sebastian after their relationship broke up – a statement from Mr Freeburn was never made. Hospitalized.

Mr. Toomey said, “So you? [Det Murphy] tell this jury that you believe there would be a conflict of interest in obtaining an affidavit from Mr Freeburn, but that you failed to see that there would be a conflict of interest in your remaining the officer in charge of the investigation?”

Det Murphy replied, “That’s right.”

“I spoke to the DPP [Office of the Director of Public Prosecution] and it was decided not to take a statement from him [Mr Freeburn]’ said Det Murphy.

The court was told that Det Murphy had told a superior that he and Mr. Freeburn knew each other, but that the pair were not considered friends, despite the fact that Mr. Freeburn had the detective’s phone number.

“I knew him from a long time ago…[he was a] casual friend, I don’t call him, I don’t talk to him,’ said Det Murphy of Mr. Freeburn.

Although mr. Day explained a range of reasons why it seemed that Mr. Sebastian had not paid the correct amounts, the court was told that Det Murphy had not contacted several other people or companies that Mr. Day allegedly made payments to Mr. on behalf of Sebastian.

“You knew what they could tell you would at least be exculpatory,” Mr. Toomey asked.

Det Murphy said “well, there’s always an opportunity that isn’t there”.

The process continues.