Karen Sweeney/ AAP
A Keilor man who lashed out and kicked a dog during a Melbourne anti-COVID-10 restrictions protest will have to pay $2000 to an animal welfare organisation as punishment.
But Stipo Cicak, 42, has avoided conviction after being found guilty of aggressive and deliberate animal cruelty.
He was filmed kicking a dog at a construction industry protests in the Melbourne CBD in September 2021.
Cicak is a man of good character who received death threats in the aftermath of the incident, his lawyer Samir Banga told Melbourne Magistrates Court on Tuesday 29 November.
The attack was captured in a video which was posted to social media and republished in the news media, resulting in strong punishment outside the justice system, he argued.
Cicak’s address was published online and his life had not been the same since, Mr Banga said.
Magistrate Peter Reardon acknowledged Cicak would forever be captured being cruel to an animal.
“He will be remembered for this event despite his good deeds,“ he said in reference to Cicak’s years of volunteer work.
“Social media shows no passion, no forgiveness, no atonement. It’s divisive.“
But unlike social media, the courts were there to present just punishment looking at a person’s whole life, he said.
“In my mind, this is a heat of the moment, one-off bad event, contrary to his previous good character,“ Mr Reardon said.
He ordered Cicak pay $2000 to the Lort Smith Animal Hospital within three months and adjourned his case to November 2023.
Mr Banga presented seven references in support of Cicak, who he said had worked in the construction industry for 23 years and would not have committed the offence if it wasn’t for the COVID-19 pandemic.
“He will not do it again,“ he said.
Mr Reardon took into account that protesters outside the CFMEU offices on May 20 last year were concerned about the work, social and family outcomes of the pandemic lockdowns.
“We don’t know the long term ramifications yet (of COVID-19 restrictions) – we’re still too close to that event and don’t kwnow what affect it had on a whole variety of things,“ he said.
Prosecutor David De Witt earlier described the kick as cowardly and in the context of a man lashing out in anger.
The victim was a leashed and fearful dog who was trying to escape the situation.
“It was an animal that was defenceless and had no means to advocate for itself,“ he said.
He had argued that, death threats aside, having to weather general anger from the community for his actions shouldn’t mitigate Cicak’s sentence.
Cicak has also been ordered to pay $7000 to the RSPCA toward prosecution costs.
