Wahlburgers: Sam Mustaca who runs Mark Wahlberg’s restaurant chain in Australia is accused of assaulting a bartender but claims he acted in self-defense and was ‘threatened with bad press’, court hears

A Sydney outpost of Hollywood actor Mark Wahlberg’s burger chain has become the site of a disputed altercation between the 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-defense, says the former judge who represented him in court.

Sam Mustaca, 43, has pleaded not guilty to 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 this year, with a session on Monday being adjourned until April 2024.

Mustaca is the CEO of United Cinemas and brought Wahlburgers to Australia through a licensing deal.

Officer Alex Khatziagelis told Downing Center local court on Monday that Mr Kalman was arrested and charged after police were called to the Sydney site.

“He was carrying a knife,” Const Khatziagelis said.

“He explained to me that he got it because he walks home late at night and uses it to cut down bonsai trees.”

Const Khatziagelis confirmed that Mr Kalman made no mention of 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.

After cross-examination by Mustaca’s attorney, former NSW Supreme Court Justice, Greg James KC, Const Khatziagelis confirmed that Mr Kalman mentioned those things months later.

Mustaca told Const Khatziagelis that he had spoken to Mr. Kalman about his performance, fired him and asked him to leave the premises, before Mr. Kalman tried to extort him.

Mustaca reported that Mr. Kalman made threats, including to “get the press on him,” Mr. James said, with the concurrence of the officer.

A Sydney outpost of Hollywood actor Mark Wahlberg’s (pictured) family burger chain has become the scene of a disputed altercation between the local licensee and a former bartender.

Const Khatziagelis said he activated his body-worn camera before speaking to Mustaca and reproduced his words verbatim in the police statement.

He then spoke to Mr. Kalman.

“At the moment, both sides have given me conflicting versions,” said Const Khatziagelis.

He received CCTV footage of the Wahlburgers incident that was played back in 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, walking past to stand in front of the doorway under the camera.

Mr Kalman then pulls out a phone and holds it up, before the pair engage in a ‘battle over the phone’.

Wahlburgers opened in 2011 and will expand to Australia in 2021 (Circular Quay restaurant pictured)

“In the most neutral, non-pejorative terms,” ​​magistrate Christine Haskett noted as she reviewed the footage.

A third, larger man then breaks up the altercation.

Mr. James pointed out that Mr. Kalman was seen smiling in the footage.

The lawyer said Monday’s hearing gave the court “a very clear indication of the nature of the case.”

“The purport of Mr. Mustaca’s denials… has been articulated clearly enough,” he told the court.

Some of Mr. James’ questions to Const Khatziagelis were dropped after objections from Police Prosecutor Robert Breckenridge, who reminded the court that Mr. Kalman is not on trial or charged with any criminal offence.

Wahlburgers opened in 2011, expanding to Australia in 2021 and drawing attention to its link to chef Paul Wahlberg’s younger, more famous brother.

There are four stores operating in Australia, including two in Sydney and others in Byron Bay and Surfers Paradise in Queensland.