Guy Sebastian says he did everything “by the book” when he was recalled to the trial of his former manager after it was revealed he spoke to another witness about a disputed Venice wedding payment.
Christian Bugno testified in the NSW District Court last week that he organised the Australian Idol winner to perform at his 2016 Venice wedding.
The evening before Mr Sebastian completed his cross-examination, he texted Mr Bugno saying: “Brother sorry but this is so urgent cause I’m in court”.
He asked if there was any way Mr Bugno could find out who paid for his ex-manager Titus Emanuel Day’s flight to Venice.
“Yeah my dad,” Mr Bugno replied, saying the tickets were business class.
“Thanks bro, this is amazing timing. I’ll call you once this is done and I’m finished giving evidence,” Sebastian said.
Back in the witness box on Monday, Sebastian said he had been presented with an “incorrect invoice” that Day had paid for the flights, and sought the evidence to counter this claim.
Day – who managed Sebastian via 6 Degrees between 2009 and 2017 – is accused of embezzling Sebastian out of almost $900,000 between 2013 and 2020.
The 49-year-old has pleaded not guilty to 50 charges including fraudulently embezzling money allegedly owed to Sebastian through royalties and performance fees.
He also denies 50 alternative counts of larceny or stealing.
On May 23 Sebastian was ordered by Judge Timothy Gartelmann not to discuss his evidence “you are to give,” but was given an exemption to meet with the Crown about past testimony.
Day’s barrister Dominic Toomey SC asked him why he thought that included reaching out to another witness to give evidence in the proceedings.
“Well no one told me I couldn’t,” Sebastian said.
“The whole purpose was to gather evidence that related to the cross-examination.”
“Did you regard that as your job?” Mr Toomey said.
“Well I’m the one with the contact with Mr Bugno … that is the obvious process to obtain the answer to something I knew was presented to me that was false.”
“Did you think you were not in breach of that direction?” Mr Toomey said.
“Everything I did was by the book,” Sebastian said.
“I said to the Crown I know I can text him directly. I know Mr Day didn’t pay for the flights, so I got the information that I know they would need, not just my word for it.”
Detective Senior Constable David Murphy interviewed Day in July 2020, and he claimed Sebastian should be picked up for fraud, owing him $1.2 million in commissions owed.
The musician first filed a Federal Court civil lawsuit against Day in July 2018, when he says he discovered money was owed to him.
Two years later he approached police when he allegedly discovered “criminal behaviour”.
This was done through Sebastian’s friend Tim Freeburn who put him in touch with Sen Const Murphy who he played cricket with.
Mr Toomey said this presented an obvious conflict of interest.
Sen Const Murphy said he agreed and therefore did not take a formal statement from Mr Freeburn.
The detective was taken to a number of bank transfers that Mr Toomey said explained some of the payments Sebastian said he was owed.
“Did I miss a few, I don’t know. (There are) lots of documents here,” Sen Const Murphy said.
On Monday two jurors were formally discharged due to personal reasons, leaving 11 remaining members on the panel.
The trial continues.
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