Two brothers involved in a brawl at a restaurant that left a man dead have walked free from court because of time already served awaiting sentencing.
- Milan Jovic and Sasa Jovic were part of a large brawl at a party hosted by Deni Dimovski in September 2017
- Milan Jovic was given an 18-month jail sentence for affray and aggravated burglary
- His brother was sentenced to 16 months’ jail for the same offences
Milan Jovic, 22 and Sasa Jovic, 30, were found not guilty of murder and manslaughter after the fight in Melbourne’s west in September 2017, but convicted of affray and aggravated burglary.
Deni Dimovski, 31, was stabbed in the chest with a kitchen knife after a party he was hosting turned violent at the Korzo Grill House restaurant, in Caroline Springs.
A third man, Milos Novakovic, was convicted of murdering Mr Dimovski, after stabbing him in the chest with the knife when the fighting spread to the kitchen.
Supreme Court Justice Michael Croucher said Milan and Sasa Jovic, who punched and attempted to kick the victim during the fight, had been “cowardly”.
The brawl was “ferocious”, but the cause was innocuous, Justice Croucher said.
“Something like a spilled drink, bad manners and too much testosterone,” he said.
“A chair was hurled, headlocks were administered and some fell over in the mayhem.
“It terrified and horrified and women and children were rushed away.”
‘No justice’ for family
But Justice Croucher said the brothers’ crimes “were on the lower end of the offences”, they had no prior convictions and were otherwise of good character.
Both men walked out of the court as free men, covering their faces with jackets and into waiting cars, because they had already served 20 months in custody.
Novakovic will be sentenced for the murder at a later date.
The victim’s mother Snezana Dimovska travelled from Macedonia for the trial and cried as the day’s proceedings finished.
“Where is the justice in this country,” she asked.
“…When is my son going to see the sun? When is my house going to be happy?”
Mr Dimovski’s aunt Mary Dimchevska was also angry the men walked free.
“There’s facts there and the judge let him go home. The facts were pure and simple,” she said.
“There was video, CCTV, photos, evidence, witnesses … everything and he lets them go home.”