Daniel Otto, 33, was convicted of assault and trespass against a 70-year-old Japanese man in June last year, with prosecutors claiming that the Australian said “this is a robbery” as he intruded into the older man’s Shinjuku home.
Otto has always maintained his innocence, and his lawyers argued he was trying to warn the older man about a fire risk from a nearby gas leak.
During the trial, defence lawyer Rie Nishida argued that Otto had been practising parkour in the Takadanobaba neighbourhood when he noticed the smell of gas.
His lawyers claimed that after smelling the gas, Otto tried to warn the occupants of a nearby apartment by climbing their fence.
According to his lawyers, when he came face-to-face with the 70-year-old inside, Otto said in English, “Go to a door” – a phrase that sounds like “gōtō da”, which means “this is a robbery” when translated into Japanese.
“All he did, in English, was desperately call for the inhabitants to evacuate because there was danger of a fire,” Nishida argued in the opening stages of the trial.
“Otto called out in simple English, saying, ‘Gas, gas,’ and ‘Go, gas’.”
The court heard that Otto reached inside the apartment and the 70-year-old, who was gripping both of Otto’s hands in resistance, was pushed back into the house.
In a short scuffle that followed, the older man sustained a cut to the head which required three stitches.
A panel of judges in Tokyo’s district court rejected Otto’s argument that he was attempting to help the older man evacuate the room.
Otto was convicted of one count of trespass and assault but was found not guilty of robbery.
He was arrested on September 5, 2023, and had been held in custody for almost eight months before he was convicted.
Last month, he was sentenced to a further 490 days in jail.
Otto’s lawyers said he was coping well in the face of challenging conditions.
“He has 100 per cent consistently maintained his innocence and the facts of the case and always remained hopeful that the truth would be accepted in the end.”
Otto was disappointed to have to spend more time in custody but had been studying IT textbooks to pass the time productively.
No date has yet been set, but the case could return to court early next year.