Andrea Cusumano found guilty over attempting to obtain financial advantage in jewellery store fake burglary

A man who admitted placing a phone call as part of an orchestrated burglary on a Sydney jewellery store was “used”, “exploited” and then “cut out” from receiving any benefits from the heist, a court heard.

Andrea Cusumano was found guilty of one count of attempting to dishonestly obtain a financial advantage by deception.. (Mark Kolbe/AAP PHOTOS)

A man who admitted staging a fake phone call as part of an orchestrated jewel heist, was “used”, “exploited” and “cut out” from receiving any benefits from the scheme, a court has heard.

Andrea David Cusumano, 59, faced Darlinghurst District Court on Tuesday after being found guilty of one count of attempting to dishonestly obtain a financial advantage by deception.

Germani Jewellers’ store at Sydney’s Hilton Hotel was robbed by two men in January 2023, in what was later revealed to have been orchestrated for financial gain.

A total of five people were charged over their involvement in the alleged plot, including store owner Michel Germani 67, who prosecutors had alleged was trying to recoup funds to pay off mounting debts.

On Tuesday, a jury was discharged after they were unable to reach a verdict for Germani and fellow co-accused Mounir Helou following a nine week trial.

Germani Jewellers pictured after an unrelated ram raid in 2020.

The pair pleaded not guilty to one count of aggravated robbery with corporal violence, while Germani has also pleaded not guilty to one count of detaining without consent.

Helou, 59, was accused of tying up Germani and employee Lana Al-Khoury while carrying out the fake jewellery heist.

Both men had previously admitted the robbery was staged, but maintained Ms Al-Khoury was in on the plan and had consented to being tied up.

He pleaded guilty to one count of attempting to dishonestly obtain a financial advantage by deception on May 19.

A mother of four, Giulia Penna will also face sentencing on August 28 after she pleaded guilty to one count of attempt to obtain financial advantage by deception.

Defence solicitor Peter Stitz, said on Tuesday that Cusumanos’ criminality was limited to a phone call “that anyone could have made”, suggesting he could have been handed the phone “on the spot”.

Mr Stitz also said there was no evidence that Cusumano received any financial reward from his involvement, arguing “when the spoils were being split he was cut out”.

“He was very much a bit player not essential to the proceedings but available to be used and exploited,” Mr Stitz said

In arguing against his client being placed in custody, Mr Stitz pointed to Cusumano’s myriad of health issues as special and exceptional circumstances, which rendered him as being particularly vulnerable in custody.

While Judge Miiko Kumar accepted Cusumano’s involvement was limited, and that he wasn’t present at the time the items were being taken from the store, she granted the prosecutor’s application to put him in custody while he awaits sentence.

Cusumano will be held in custody on remand and will return to court for sentence on September 19