Mr Day has pleaded not guilty to 50 counts of fraudulently embezzling almost $900,000 that was allegedly owed to the former Australian Idol star and reality television judge.Last week, a NSW District Court jury was directed to deliver not guilty verdicts in relation to three of the 50 charges because there was no evidence to suggest Mr Day embezzled the funds – about $14,600 – specified in those counts.Last week, a NSW District Court jury was directed to deliver not guilty verdicts in relation to three of the 50 charges because there was no evidence to suggest Mr Day embezzled the funds – about $14,600 – specified in those counts.Commencing his closing address to the jury on Tuesday, Crown prosecutor David Morters SC defended his handling of the case.“The fact there was a combination of payments that was not identified by Mr Sebastian or the (police) officer in charge or the prosecution is not a matter that demonstrates ineptitude,” he told the jury.“The charges were rightfully dismissed, but that does not reflect the validity of the remaining 47 charges.“There are a lot of threads to connect from all the evidence you have received.”Mr Morters said Mr Sebastian was “an honest and open witness who did his utmost best to relay accurate information”.The court was told while there was no management contract signed between Mr Sebastian and Mr Day, there was an agreement in place that required Mr Day to pay Mr Sebastian 80 per cent of gross income he collected on the singer’s behalf within 14 days of the income being received.Mr Morters said the agreement mirrored an agreement Mr Sebastian had with his former management company 22 Management and it did not include a clause that allowed Mr Day to claim a stake on future income – known as trailing commissions – generated by Mr Sebastian after any agreement ended.The court was told while Mr Sebastian was winding up his agreement with 22, Mr Day sent an email to Mr Sebastian’s bookkeeper saying there were “no other obligations to 22 other than publishing commissions”.During the trial, the court has been told Mr Day claims Mr Sebastian owes him money – a claim Mr Sebastian denies.The trial continues, with Mr Day’s barrister Dominic Toomey SC next due to give his closing address.More to come
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