A Sydney outpost of Hollywood actor Mark Wahlberg’s family burger chain has become the site of a disputed altercation between its local licensee and a former bartender.
A prominent businessman accused of assaulting one of his employees at the Circular Quay store was threatened with negative press coverage and acted in self-defence, the former judge representing him in court says.
Sam Mustaca, 43, has pleaded not guilty over an incident at Wahlburgers on March 18, 2022, when he allegedly assaulted bartender Jaun-Paul Kalman.
The court will not get to the bottom of it this year, with a hearing on Monday being adjourned until April 2024.
Mustaca is the CEO of United Cinemas and brought Wahlburgers to Australia through a licensing deal.
Constable Alex Khatziagelis told Downing Centre Local Court on Monday Mr Kalman was arrested and charged after police were called to the Sydney site.
“He had a knife on him,” Const Khatziagelis said.
“He explained to me that he had it because he walks home late at night and he uses it to cut bonsai trees."
Const Khatziagelis confirmed Mr Kalman did not mention bonsai trees, or that he had the knife to clean his fingernails and forgot it was in his bag, on the night of the alleged incident.
Cross-examined by Mustaca’s barrister, former NSW Supreme Court Justice, Greg James KC, Const Khatziagelis confirmed Mr Kalman mentioned those things months later.
Mustaca told Const Khatziagelis he had been speaking to Mr Kalman about his performance, fired him and asked him to leave the premises, before Mr Kalman tried to extort him.
Mustaca reported Mr Kalman making threats, including to “get the press onto” him, Mr James said, to the constable’s agreement.
Const Khatziagelis said he activated his bodyworn camera before talking to Mustaca and relayed his words verbatim in the police statement.
He then spoke to Mr Kalman.
“At this point in time both parties have given me conflicting versions,” Const Khatziagelis said.
He received CCTV footage of the incident from Wahlburgers which was played to the court on Monday.
It showed Mr Kalman standing in a doorway, having a conversation with Mustaca off-camera in another room.
As he turns, Mustaca emerges, moving past to stand in front of the doorway under the camera.
Mr Kalman then produces a phone, holding it up, before the pair engage in a “struggle over the phone”.
“In the most neutral, non-pejorative terms,” Magistrate Christine Haskett noted while watching the footage.
A third, larger man then breaks up the altercation.
Mr James pointed out Mr Kalman could be seen smiling on the footage.
The barrister said Monday’s hearing provided the court “a very clear indication of the nature of the case”.
“The thrust of the denials made by Mr Mustaca … have been clearly enough articulated,” he told the court.
Some of Mr James’ questions to Const Khatziagelis were not pressed after being met with objections by police prosecutor Robert Breckenridge, who reminded the court Mr Kalman is not on trial or charged with any offences.
Wahlburgers opened in 2011, expanding into Australia in 2021 and attracting attention through the link to chef Paul Wahlberg’s younger, more famous brother.
Four stores are operating in Australia, including two in Sydney and others at Byron Bay and in Queensland at Surfers Paradise.
