Man Sebastian’s former supervisor Titus Day has been launched from custody on fees of embezzling his shopper’s cash after his legal professionals succeeded on an attraction level argued in courtroom final week.
Day, 50, was jailed for a minimum of two-and-a-half years after a NSW District Court docket jury discovered him responsible of embezzling greater than $600,000 from the singer, together with Sebastian’s earnings for being a assist act for pop star Taylor Swift.
Within the Court docket of Felony Enchantment final week, barrister Bret Walker, SC, argued three attraction factors together with that the Crown prosecutor’s closing handle prompted a miscarriage of justice as a result of the prosecutor referred to Day’s failure to present proof, reversing the onus of proof.
Walker quoted passages of the closing handle and mentioned the prosecutor had drawn consideration to “the absence of Mr Day as a witness” amongst different “illegitimate” feedback.
The Crown had argued that any prejudice arising from the prosecutor’s handle “was cured by the very agency instructions given by the trial decide”.
Nevertheless, Walker mentioned, “even an impeccable course couldn’t avail in opposition to this repeated, concerted and highly effective method by the Crown” which he mentioned amounted to a number of breaches of the Proof Act.
Day’s lawyer Lauren MacDougall was knowledgeable on Monday afternoon that this attraction level had been profitable. It’s understood the opposite two factors of attraction are but to be decided and no last orders have been made.
MacDougall urgently utilized for Day to be freed; her software was heard at 5.30pm. Performing Justice Carolyn Simpson granted bail, which was not opposed by the Crown.