A man arrested for wearing a weighted vest covered in duct tape near a commemoration for the Bondi terror attack will likely see the charges against him dropped, police have indicated in court.
Arrest and Court Proceedings
Cleophias Machaya, a 33-year-old Victorian man with no criminal record, was charged with offensive behaviour after police from Operation Shelter responded to reports of suspicious activity in Bondi Junction, Sydney, on Sunday night. A police lawyer told the court Machaya was wearing a puffer jacket with the weighted vest at 10.10pm and was asking for directions to Bondi Beach.
However, during Monday's bail hearing, the police prosecutor admitted his superiors were leaning towards abandoning the case. Machaya's lawyer, Liam McKibbin, confirmed he had received a written undertaking indicating the most serious charges would probably be withdrawn. 'I've received a strong indication in writing that the charges that attract the most significant concerns may well be withdrawn,' McKibbin stated.
Emotional Courtroom Scene and Bail Conditions
Before this revelation, Machaya was visibly distressed, sobbing and shaking his head as the prosecution outlined its arguments. 'I just made a mistake,' Machaya said before being advised by his lawyer to remain silent. Upon hearing he would be released from custody immediately, he clasped his hands together and repeatedly said 'thank you'.
Magistrate Margaret Quinn granted Machaya bail with the strict condition that he must not return to New South Wales unless required for court hearings. 'You need to get in your car and leave the state,' McKibbin instructed his client directly after the hearing.
Context and Police Response
The incident occurred just a few kilometres from Bondi Beach, where thousands had gathered to commemorate the 15 people killed when two gunmen opened fire on a Hanukkah celebration in mid-December. The area was under a heavy police presence for the Jewish period of mourning.
Prosecutors argued that, given this sensitive context, Machaya's intention was to cause fear. A picture presented to the court showed a camouflage-coloured weighted vest with silver duct tape haphazardly wrapped around the chest and back areas. Although Machaya claimed he wore it for mixed martial arts training, Magistrate Quinn described the behaviour as 'most unusual'.
'To go around with a camouflage vest in a place where there's been severe distress to people is extraordinary,' she told the court.
Police who searched Machaya's car allegedly found another duct-taped vest, a face mask, and a tin believed to contain prohibited drugs. Both vests were examined by bomb disposal officers and deemed safe. The original vest that raised the alarm has since been destroyed to prevent further public concern.
Cleophias Machaya is scheduled to return to court on February 9. Operation Shelter, the police unit involved, was established in 2023 to address anti-Semitism and other hate crimes.
