source : the age
After intense public scrutiny and tit-for-tat violence, an eastern suburbs man will avoid jail time for “brutally” bashing beloved family dogs Millie and Brinnie with a metal pole-like instrument at least 16 times over five minutes.
In a leafy Melbourne suburb that a court has banned the media from naming, the neighbourhood spat started by the bashing of a missing dog escalated into warfare.
Cars have been vandalised in the dead of the night, fences torched and verbal confrontations between large groups in the middle of the street have caused a judge to call for calm, warning the escalating tensions could end up in the Supreme Court.
Millie the Maltese shih tzu has never been found, presumed bludgeoned to death, after CCTV captured Mark Martinaj, 40, trapping the two dogs on his property using a temporary wire fence after the dogs strayed across the road.
The distressing footage was played in the County Court last week as Martinaj appealed a two-month jail sentence handed down in Ringwood Magistrates’ Court last year for animal cruelty.
“December 3, 2024, is a day that forever changed both the Wood family and the Martinaj family,” Judge Diana Manova said.
“Since then both families for different reasons have been victim to much suffering and torment.
“Regrettably, this is ongoing and has embroiled each family and other members of the community in a battle of Shakespearean proportions.”
Extra security was brought in to sit in court on Wednesday and protect Martinaj, akin to that used for the most serious offenders.
Manova said the dogs’ owners, the Wood family, lived across the road from the Martinaj family, and both had young children.
Martinaj kept chickens in his backyard, which was not fenced off but monitored remotely using CCTV.
On the day of the offending, CCTV from the Wood’s home showed Millie and later Brinnie wander over to the Martinaj property about 10.40am. When alerted to their presence, the 40-year-old returned home, reversing into his driveway and pulling chicken wire in across the exit. He then entered his garage, grabbed what looked to be a pole and began striking the dogs for “five, long, excruciating minutes”.
“Millie has never been seen again,” the judge said. “She bore the brunt of the blows.”
Brinnie was hit many times before she managed to escape and fled back home.
When Marcus Wood later approached Martinaj he said: “I’m really sorry. I’ll buy you one or two, whatever you want, no worries.”
He was later arrested and charged, making a no-comment police interview. He pleaded guilty in 2025 to animal cruelty offences after more serious charges – relating to Millie’s death and disappearance – were withdrawn by the prosecution as her body had never been found.
“Animals are sentient beings. I consider both dogs were beaten, worried, tormented and terrified. Both offences are serious enough to warrant imprisonment, as long, if not longer, than what the magistrate imposed,” the judge said.
“Community places significant importance … on the need to protect animals from harm.”
Manova said research showed only two per cent of offenders convicted of animal cruelty offences were jailed, with the majority receiving fines of about $1000.
After highlighting the significance of Martinaj’s offending and the harm caused to the dog’s family, she noted in the year that had followed the crimes, the 40-year-old and his family had been subjected to a “campaign of abuse” including online doxxing and property damage.
Hateful words had been spray-painted on his fence, and most recently a sign was erected in a neighbour’s front yard of his picture and abusive words. Threats have also been made to kill Martinaj and his family, with the behaviour demonstrating the potential to cause someone serious injury.
“Some of the videos I was asked to watch in chambers show children at or near your fence acting in a way that shows persistent determination and intense focus on the property. One of the films contains audio, and children can be heard making taunts,” she said.
“This campaign of abuse and torment meets the definition of a vigilante enterprise. People have taken the law into their own hands.
“Neighbourhood children have been embroiled in this sorry state of affairs.”
Three CCTV videos played to the court showed two hooded people smashing Martinaj’s car, fire engulfing his front fence and the words “you will die c— dog killer” later scrawled on it.
Vigilante behaviour, the judge said, had no place in a civilised society and “rough justice” must be suppressed by the courts or risk the “law of the jungle” taking over.
In resentencing Martinaj, the judge said she would no longer sentence him to jail due to the ongoing campaign, which had “hijacked” his social rehabilitation.
“To send you to prison despite what has been done to you would be injustice and could encourage others to engage in such sickening conduct that can lead to a degradation of the fabric of society.”
Manova resentenced Martinaj to a 12-month adjourned undertaking, with a $1000 donation. He was also placed on an 18-month community corrections order for his attack on Millie.
As part of that he must undergo anger management classes and complete 50 hours of community work.
Outside court, the Wood family and community supporters held signs and sobbed at the sentence.
Animal Justice Party MP Georgie Purcell said it was a dark day when an animal can be brutally beaten to their death and their attacker receives a slap on the wrist.
“Her attacker should be serving jail time. It is clear that a community-based order, conditions and supervision is not justice,” she said.
“Victoria has some of the weakest penalties for animal cruelty in the country and Jacinta Allan has failed on her now-10 year old promise to modernise our state’s broken laws.”
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