Sydney man charged over fake gun had been at costume party, court told

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 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."Several items were seized by police. (Supplied: NSW Police)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 spoke to a manager at the bowling alley and can confirm there was a dress-up party at the time and date alleged," she said."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.NSW Police officers swarmed the Entertainment Quarter at Moore Park after reports a person had a firearm. (ABC News)'It is quite serious', says police prosecutorAfter 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."Members of the public became fearful, contacted Triple Zero (000) … significant emergency response was initiated by police."Mr Mastrocinque was granted bail. (Supplied: Facebook)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."At his highest this is a case of a very very poor and quite frankly a foolish decision to attend in the way he did, but it is not one carried by any anti-social attitude, malintent or malice."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.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.