Following a failed attempt to prevent media reporting on his case, a man who allegedly beat a dog to death in Kilsyth for over 10 minutes will go to trial in what was described as a ‘repugnant crime’ by the judge.
Escorted by a large group of police security on Friday 2 May, accused animal abuser Mark Martinaj, who has allegedly been doxed online and has fears for his safety, appeared before the Ringwood Magistrates’ Court in person after failing to attend a few days earlier.
Making a bid for a suppression order, Martinaj’s lawyer, Scott Thomas, brought several allegations to light, asking the court to suppress further details of the case, effectively attempting to stifle the ability of the media to report on it.
Allegedly over a period of months, Martinaj has had two of his motor vehicles vandalised and his front fence at his place of residence both graffitied and set on fire.
Mr Thomas brought CCTV footage and concerns for his client’s safety to the judge’s attention and shared screenshots of death threats and the address and personal details of Martinaj from social media with references to upcoming court events read aloud.
Many of the alleged comments were derogatory and abusive, and said things like ‘better take him through the back door because he won’t make it through the front’ and ‘they should beat him with a metal pole’ and multiple threatening references were made.
With a full courtroom and hundreds of people attending online, family, animal activists and public attendees dressed in white for support of the pet’s family, Magistrate Jennifer Tregent said she accepted it’s an ‘emotive’ issue but it is ‘not up to them’ (the public) to take matters into their own hands.
The prosecution that ‘respectfully opposed’ the suppression order application and argued, what risk does publication create that doesn’t already exist?
Referring to the already well-circulated coverage by many news outlets, the prosecution pointed out that Martinaj had, in fact, arrived safely at court in person that day.
“We are here freely discussing the matter today,” he said.
After a three-hour-long recess, Magistrate Tregent rejected the application and said that while she accepted Martinaj’s safety is compromised, a suppression order would be a ‘step too far’.
She also warned those viewing online against ‘derogatory behaviour’.
Witnesses were then asked to leave the court as a recount of the events leading to Martinaj’s charges was read aloud.
What followed was quite shocking, as the alleged events leading to the death of a family’s pet were unfolded in detail.
Martinaj is accused of retrieving a metal pole and beating two dogs repeatedly in his yard – a Maltese shih tzu and a golden retriever on 3 December.
He allegedly later released the golden retriever and was seen on CCTV placing something in his car and driving away, returning later on foot.
The trial is set to bring at least four and up to six witnesses against Martinaj and will revolve around footage from CCTV at both his and the dog owner’s residence.
Four charges were laid against him and he is set to appear in court on 31 July and 1 August.
A heavy police force escorted him from the courtroom as the crowd slowly dispersed.
