A Victorian man who claimed he was acting in self-defence when he brutally kicked a dog during Melbourne's violent construction protests against COVID rules has managed to avoid jail.
Stipo Cicak, 42, appeared in the Melbourne Magistrates' Court where he instead received a 12-month good behaviour bond for the incident at the height of the city's second-longest lockdown.
Cicak was also ordered to donate $2,000 to the Lort Smith Animal Hospital in North Melbourne and to pay $7,000 in legal costs to the RSPCA.
He was not convicted.
Confronting footage of Cicak kicking the dog provoked outrage and ultimately led to him being charged by RSPCA Victoria with animal cruelty offences.
Magistrate condemns 'cowardly' act
Magistrate Peter Reardon said Cicak's crime was a "cowardly and unprovoked act".
"Anger is not an excuse, the dog did not provoke in any way this sort of behaviour," he said.
"I found that the dog posed no threat or sign of aggression to anyone, it was simply trying to engage and withdraw from the situation.
"The dog would've been surprised, shocked and felt pain. Anybody, a human being kicked, would feel the same. I'm sure the dog did too."
In September 2021, the Andrews government shut down the state's building industry for two weeks for not complying with COVID-19 safety rules, sparking riots across Melbourne that left protesters clashing with union officials and police.
Cicak was one of hundreds of people to gather outside CFMEU's headquarters on Elizabeth Street, which is where the animal cruelty incident unfolded.
A one-minute video captured by a bystander shows Cicak in a confrontation with a man who had a dog on a lead.
Cicak then spots the dog and, as owner tried to pull his pet away, winds back his right leg and kicks the pitbull.
The force of the blow caused the dog to jump to knee-height and cower behind its owner as bystanders confront Cicak.
Cicak would later tell police officers that he was in "panic mode".
"I thought the dog was going to come for me, you know. I don't know, you do silly things yeah," he told investigators.
Prosecutor David De Witt said on Tuesday that Cicak had shown "very little remorse".
"It was aggressive, it was a deliberate and voluntary act and I would submit it was in the context of an accused that was lashing out in anger," Mr De Witt said.
"It's relevant … to consider the victim of the offence which is an animal that was leashed, that was fearful and that the court has heard was trying to escape the situation at the time.
"It was an animal that was defenceless, and had no means to advocate for itself."
Defence calls incident an 'out of character' act
Samir Banga, who defended Cicak, urged the court not to convict his client.
He said the 42-year-old, who is a construction worker, had received death threats.
He submitted seven character references to the court, including from Cicak's wife, who called him a man of "integrity and honesty".
Mr Banga said the animal cruelty incident was a "one off" and that the dog seemed "to be fine".
"He's acted out of character," Mr Banga said.
"We are ultimately asking that he's not convicted today. He has already been punished at a just level. At this point it would be, using the colloquial, rubbing salt into the wounds.
"He has suffered a lot because of this incident."
Magistrate Reardon said Cicak would be remembered for his actions.
"Dogs are human beings' best friend. They are loyal, they're happy to see you and they enhance our lives. They make us better people. They bring the best out of us," he said.
"In this particular case, the accused will be captured forever on this video being cruel to an animal."
