Another delay has plagued the trial of Guy Sebastian's former manager as a jury member was unable to attend the final day of the judge's summing up.
Day, 49, has pleaded not guilty to dozens of charges alleging he embezzled almost $900,000 owed to Sebastian through royalties, performance and ambassador fees.
Day managed the Australian Idol winner for eight years up to 2017 when the business relationship ended acrimoniously.
Judge Timothy Gartelmann on Tuesday in the NSW District Court was set to finish his directions of law before the jury can deliberate on a verdict, but a member of the panel was absent.
Judge Gartelmann said the jury person was attending to a child recently hospitalised and was unable to say when they might return.
He adjourned the trial for a day "through no fault" of the absent juror, but said the remaining members could "blame me" for any assurances he's given about date expectations given the trial has experienced so many delays.
"It seems every time I make (assurances) I am wrong," Judge Gartelmann said.
Nearly two months ago the trial was unexpectedly halted following the death of the presiding Judge Peter Zahra who suffered a stroke.
About the same time Sebastian also tested positive for COVID-19 and had to isolate, unable to give evidence.
A week later crown prosecutor David Morters SC also contracted coronavirus and had to question Sebastian for lengthy periods remotely via audio visual link.
A juror then suffered a severe allergic reaction and was rushed to hospital during the lunch break, and the trial was once again stalled.
Some members of the jury panel have been formally discharged since the trial commenced, leaving 11 remaining.
Day's defence barrister Dominic Toomey SC finished his closing address on Monday and said his client was "not on trial for sloppiness, he is on trial for dishonesty".
He said the payments between Day's company Six Degrees and Guy Sebastian were incredibly complex, and some money was legitimately withheld for past commissions he was recouping from the singer.
"The idea he stole or embezzled is absolute nonsense and you should reject it as such," Mr Toomey said on Monday.
He pointed to a payment for a Dreamworld performance by Sebastian in which Day withheld more than $90,000, and writes an email to the performer explaining what he is doing "in black and white," he said.
"You know at this point in time each man was saying to the other 'you owe me money'.
"Far from being dishonest with the Dreamworld money, he's saying 'I'm keeping it because you owe me money on these other things'."
Sebastian earlier gave evidence that he was well aware of his obligations to pay his ex-manager commissions and paid him about "half a million a year".
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".
The trial is due to resume on Wednesday.
Australian Associated Press
Sign up for our newsletter to stay up to date.