Titus Day pleaded not guilty to 50 counts of embezzlement totalling almost $900,000.Credit:Brook Mitchell
The Crown alleges Day defrauded his long-time client of payments,in whole or part,relating to royalties,income from musical performances such as Taylor Swift concerts and ambassadorship fees.
On Thursday,Judge Timothy Gartelmann said he had determined “the accused has no case to answer on certain counts in the indictment”,as questions of law arose when the Crown case closed.
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Regarding three counts of embezzlement and their larceny alternatives,the judge determined “there was simply no evidence at all that the accused did the act alleged to constitute any of these offences”,and said he was “obliged” to direct the jury to return not guilty verdicts on those counts.
The charges for which not guilty verdicts were directed,and their alternatives,related to royalty payments between 2014 and 2020 of $13,380.60,$936 and $361.34.
“I have determined,also,that as a matter of law the Crown case on all the alternative counts cannot succeed,” the judge told the jury. “In due course,I will direct you to return verdicts of not guilty on these counts too.”
The judge said he could not take those verdicts until verdicts were returned on the remaining 47 embezzlement charges.