Barrister slams sham heist trial's star witness
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While CCTV captured two men before and after a brazen staged robbery at a high-end city jewellery store, one man notably absent from the footage has contested his alleged involvement in court.

Germani Jewellers’ store at Sydney‘s Hilton Hotel was robbed over 11 minutes by two men one night in January 2023.

Its owner Michel Germani, 67, owed more than $184,000 in rent to the hotel and formed a plan to recoup funds before the store was shut down, prosecutor Cate Dodds previously told a NSW District Court jury.

Germani Jewellers owner Michel Germani.
Germani Jewellers owner Michel Germani. (A Current Affair)

Mounir Helou, 59, and Andrea David Cusumano, 59, are jointly on trial accused of being in on the scheme.

Cusumano is accused of making a phone call arranging an after-hours appointment so that the sham robbery could take place.

As their trial stretched into its seventh week today, Cusumano’s barrister Peter Stitz called the case against his client “outstandingly bad”, denying he was involved.

The 59-year-old was not present at two meetings planned with Germani, Helou and others before the robbery and was not there to split up the spoils afterwards.

“If he’s on it and knows what’s going on, one, he’d be in there and, two, he’d be getting his slice,” Stitz told the jury.

The barrister took aim at the reliability of the crown prosecution’s “star witness”, a second robber present with Helou at the Germani Jewellery store.

That man – who cannot be named for legal reasons – told police he was taking a gram of methamphetamine, also known as ice, daily at the time of the sham heist and was not sleeping.

“I was scattered and not really myself during this time,” he wrote in a statement to police.

Germani Jewellers' store at Sydney's Hilton Hotel.
Germani Jewellers’ store at Sydney’s Hilton Hotel. (Nine)

In cross-examination, he admitted taking “excessive” amounts of ice which sometimes affected his memory.

The barrister accused the thief of simply guessing Cusumano had made the phone call as alleged.

The robber had been told by Giulia Penna, who was also involved in the plot the 59-year-old had rung Germani Jewellery to make the appointment.

“Is that why I and Mr Cusumano are here? Because Penna told (the man) that we made the call and he believed it?” Stitz told the jury.

“Because he didn’t see it. There’s no evidence that he heard it.”

Cusumano was in Penna’s van when the robbers went to Bunnings to buy cable ties and gloves before the store heist.

The witness told the court that while waiting for Helou to buy the items, he had texted Penna instead of speaking, despite her sitting in front of him in the driver’s seat.

Stitz said this was because he did not want Cusumano in the front passenger seat to find out what was going on.

“Why else would you send a text message to somebody who’s two feet in front of you?” he asked.

The witness described Cusumano as “a bit simple” and “just sort of there”.

Stitz said the obvious result of this for the jury was to acquit his client of the single charge of committing the staged robbery for financial advantage.

“The crown case, you might think, might be something that John West might reject,” he said.

“In fact could you be even sure what fish we’re talking about?”

Germani and Helou have admitted that the robbery was fake but have claimed employee Lana Al-Khoury also knew of the plan and consented to being tied up.

They have each pleaded not guilty to one count of aggravated robbery with corporal violence, while Germani alone has pleaded not guilty to one count of detaining without consent.

Germani made an insurance claim for $2.8 million in jewellery “stolen” but it was refused.

The trial continues tomorrow.

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