An animal behaviour expert says a dog that was kicked into the air by a construction worker at a rally in Melbourne’s CBD was showing no signs of aggression.
Animal behaviourist Dr Gabrielle Carter said video footage of the incident that was played in Melbourne Magistrates’ Court on Thursday, appeared to show the dog seeking safety and security from its owner after being struck outside the Melbourne head office of the CFMEU.
“I don’t believe the dog posed any threat,” Carter said.
Stipo Cicak, also known as Stephen Cicak, has been charged by the RSPCA with one count of committing an act of cruelty on an animal after the incident, which happened during a protest in Elizabeth Street on September 20 last year.
Cicak, 41, is yet to formally enter a plea but argues he was acting in self-defence against an aggressive animal when he was recorded on mobile phone footage striking the animal while it was on a lead being held by its owner.
Defence lawyer Samir Banga unsuccessfully opposed The Age’s application for a copy of the footage, arguing his client had received death threats after parts of the footage were posted on Twitter.
Stipo Cicak (middle) leaves court on Thursday with his lawyer Samir Banga (left).Credit:Simon Schluter
Seven news reporter Paul Dowsley had been covering the protest when he filmed the incident involving Cicak and the dog on his mobile phone.
From the witness stand on Thursday, he told the court he had pulled out his mobile phone to film a fight between protesters and was about 10 metres away when the dog was kicked.
Dowsley said at no time did he see the dog act aggressively, and rejected suggestions it had reared its front legs before the kick.
“I was horrified, it was awful to see,” he said.
Footage showing the dog being kicked was played in court on Thursday.
Construction worker Jacob Halbert said he went to the demonstration to protest against suggestions that “smokos” and lunch breaks were being removed, before he realised the gathering largely comprised anti-vaxxers.
Halbert said he noticed a “vocal” Cicak on a man’s shoulders, and later saw him tussling with another man on the ground.
Halbert said the dog, which was being held by its owner on a leash, appeared to back away from the commotion before a “wound up” Cicak rose to his feet and kicked the animal.
“I observed him basically get up from a fight, and then I saw him kick the dog,” the witness said.
“I was quite upset … that an innocent dog would be kicked in a protest. The dog flew into the air.
“[The dog] was scared and … he’s running around in circles not sure what’s going on.”
The construction worker said he approached Cicak and told him to leave the dog alone, but the accused man shoved him in the face.
The incident came on a day of violence in Melbourne, when protesters clashed with police and CFMEU staff over the state government’s introduction of COVID-19 vaccinations for the building and construction industry.
Cicak, of Keilor East, faces being jailed for up to one year or fined up to $45,000 if found guilty of the charge.
His hearing will continue before magistrate Peter Reardon on Monday.
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