A Kealba man, known as “The Captain” in the west’s tight-knit Croatian community, has been sentenced to a community corrections order for disposing a body of Footscray man at Diggers Rest.
Ante Bacak, 46, admitted to helping dispose Footscray man Kenan Balikel’s, whose charred remains were found in a burnt out car on the Bulla-Diggers Rest Road, in the early hours of October 31, last year.
Mr Balikel was allegedly killed with a crowbar in the early afternoon of October 30.
The Supreme Court heard Bacak visited the alleged killer John Butorac at his Tullamarine factory later in the afternoon, and noticed Butorac looked “stressed and agitated”.
Butorac arrived at Bacak’s home at about 9.30pm and asked him to “get rid of a body”.
Bacak initially refused to help, but eventually agreed to assist.
When asked by police why he helped Butorac dispose the body, Bacak said: “Because I was a f—ing idiot.”
In sentencing Bacak, Justice Lex Lasry said his plea of guilty and willingness to give evidence was a sign of remorse and regret for what happened “and your way of trying to atone for what occurred”.
“Notwithstanding that Butorac had been a close friend and confidant, your willingness to be involved in this attempt to conceal his crime is to be condemned,” Justice Lasry said.
“It is of course a very serious offence and your decision to relent and assist in the way that you was, at a minimum, a very foolish step on your part.
“Whilst your assistance to Butorac lasted for some time, the initial decision you made to assist can be properly described as spontaneous. You had no involvement of any kind int he events leading up to his request of you.”
A psychiatrist’s assessment found Bacak to be suffering anxiety and depression, which was “largely as a result of your involvement with Butorac and the consequences you now face as a result”.
During the hearing, Defence Barrister Michael O’Connell, SC, said Bacak was known as “The Captain” because he was always willing to drop everything to help a friend.
Members of the Croation community attested to Bacak’s “good character”, including his reliability, trustworthiness and hard work, emphasising that his behaviour to commit such a heinous crime was “completely at odds with the person they knew”.
Justice Lasry said Bacak’s “misplaced sense of loyalty to Butorac” was the reason he offended, and noted his future prospects of re-offending was very low.
