Guy Sebastian was evasive, jury told

Guy Sebastian sought an apprehended violence order against his neighbour following a feud. Photo: AAP
Guy Sebastian was evasive and âhad a barrow to pushâ when he gave evidence at the embezzlement trial of his ex-manager, a jury has been told.
âYou should approach anything Mr Sebastian says with a very cautious eye,â Titus Dayâs barrister said on Friday in his closing address.
Day, 49, has pleaded not guilty to dozens of charges alleging he embezzled almost $900,000 owed to the pop star through royalties and performance fees.
His barrister Dominic Toomey SC told the NSW District Court jurors they must acquit if there was a reasonable possibility Day was not acting dishonestly in relation to monies collected and paid out.
âWe submit that Mr Sebastian presented as a person with a barrow to push,â he said.
âHe had an agenda.â
The jurors may think he was evasive in the answers he gave under cross-examination, he said.
âIndeed, 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.â
This was in stark contrast to answers he gave to the prosecutor when he was co-operative and gave short replies.
But when Mr Toomey questioned him, he went âoff on a narrative of his ownâ and on many occasions could not remember things.
âHe was careful not to give any evidence which he thought might favour Mr Day,â he said.
âHe twisted himself in knots in his evidence in an attempt not to acknowledge the existence of an agreement between him and Mr Day.
âHe couldnât bring himself to use the word âcontractâ in respect to his arrangement with Mr Day.â
The musician first filed a Federal Court civil lawsuit against Day in July 2018, before approaching police two years later.
This was done through Sebastianâs friend Tim Freeburn who put him in touch with Detective Senior Constable David Murphy with whom he played cricket.
âThat in itself, you might think, is a most unusual situation,â Mr Toomey said.
âThat an officer in charge of a criminal investigation should have some social connection with the complainant in that criminal investigation.â
Suggesting this was a conflict of interest, Mr Toomey listed a number of inquiries the detective did not make in relation to the allegations.
âWas it because he was wilfully blind or was it because he was seeking to help his friend and his friendâs friend?â he asked.
He suggested the charging of Day âwas an end in itselfâ.
âHe (Det Murphy) told you himself that he took everything he had been told by Mr Sebastian to be gospel,â Mr Toomey said.
âHe quite remarkably agreed with the proposition that it was âthe gospel according to Guyâ.â
The trial continues.
â AAP
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