Man arrested for wearing fake police vest and carrying replica gun at Moore Park granted bail
Jacopo Mastrocinque was attending a 'heroes and villains' costume party when he was arrested, a court has heard.
Quick Look
A 35-year-old pizza shop owner arrested for wearing a fake police vest and carrying a replica gun at Sydney's Moore Park has been granted bail after police confirmed he was attending a costume party.
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Why It Matters
Jacopo Mastrocinque was arrested at Sydney's Moore Park while wearing a fake police vest and carrying a replica gun.
A man arrested by police for carrying a fake gun, handcuffs and wearing a fake police vest at Sydney's Moore Park on Monday has been released on bail after a court heard he was attending a costume party.
A police prosecutor told the Local Court Jacopo Mastrocinque's appearance caused "significant fear" in the community and elicited a "substantial police response".
Mr Mastrocinque's legal aid lawyer explained the 35-year-old pizza shop owner was in costume for a dress-up party at a bowling alley at the Entertainment Quarter for three hours and had stepped out for a cigarette when he was arrested.
When Judge Daniel Covington asked the police prosecution if there was any evidence gathered to support those claims, she said she was unaware of any costume party at a bowling alley but could find out more.
"Your honour I could do a search online to see whether there was," she said.
Judge Covington decided to pause the matter and asked the police prosecutor to gather more information.
"Sergeant, can you speak to the officer in charge? I'm not just going to accept it on the submissions," he said.
"There's an alternate proposition that is far more concerning to me in assessing risk."
After a call to the officer in charge, the police prosecutor was able to establish Mr Mastrocinque told the officer he was at a costume party themed 'heroes and villains' and had told the officer in charge: "I dressed as a hero."
Judge Covington then asked if police had spoken to anyone at the bowling alley to corroborate Mr Mastrocinque's story, to which the answer was no.
Another break and a call to the officer in charge later, the prosecutor told the judge a police unit was being dispatched to the bowling alley to confirm the claims.
An hour later, the police prosecutor confirmed police found evidence there was a party.
"Police have also reviewed CCTV from the relevant time and date and it does appear to police that people are in costumes."
She told the court some of the costumes included superheroes, Pikachu and someone wearing a Scream mask.
'It is quite serious', says police prosecutor
After considering the new information gathered by police, Judge Covington found cause had been shown.
"I am persuaded cause is shown, solely because of lack of history," he said.
The police prosecutor argued Mr Mastrocinque should still be denied bail, arguing he posed an "unacceptable risk" to society.
"The overarching risk is endangering the safety of the community. In terms of the case, it is quite serious … objectively serious case in terms of the alleged facts," she said.
"In summary he attended the Entertainment Quarter carrying what appears to be a genuine handgun. There were no plates in the vest, but certainly it did resemble a police ballistic vest.
Mr Mastrocinque changed legal representation mid-hearing with a new private lawyer and an additional barrister taking over.
His barrister, Wali Shukoor, argued that despite his client making a "foolish decision" dressing as he did in a public place, he posed no risk to society.
"He's 35 with no criminal history and as his partner tells in her letter, he's in a de facto relationship of 10 years. He's a permanent resident of this country and has been in this country for 12 years," he said.
Judge Covington cited Mr Mastrocinque's relationship, lack of criminal history and compliance with police during his arrest in granting bail.
"There's an offer of residence with his partner and perhaps if he went with her she might have told him it's not the brightest idea," he said.
"She's supportive of him and he's got a valid passport, hardworking, owns a business."
His bail conditions included he must move to his partner's address and leave his current residence he shares with a man who was also arrested in costume at the same time as Mr Mastrocinque but was later released on bail by police.
Mr Mastrocinque is also barred from entering the Entertainment Quarter at Moore Park, is to hand over his Italian passport to Ryde police station where will report and must not enter any international airport.
His case will next appear before Downing Centre Local Court on August 18.
Detective Superintendent Peter Glynn, Commander of the Surry Hills Police Area Command, said the police response to the incident included specialist police forces.
"It's a timely reminder regarding the heightened concerns the community have about public safety," he said.
"Any calls to police regarding threats to public safety will be taken very seriously, and there'll be an appropriate policing response.
"People need to be mindful about how they dress, and they act, and they behave in public, particularly if they're carrying weapons or imitation weapons that could be seen as genuine, it can be an offence and we have no hesitation in putting people before the court."
A 39-year-old man also charged over the fake gun incident was granted conditional bail, with his first court appearance scheduled for August 20.
What to Watch
AI outlook — possibilities, not facts
Case will appear before Downing Centre Local Court on August 18.
Very likely · Within weeks
Open Questions
- What will be the final legal outcome of the charges against Mastrocinque?
