Australian man launches appeal after being ‘wrongly jailed’ in Tokyo

An Aussie has been jailed for two years in a Japanese prison over a “language mix-up” with an elderly man.

An Australian man jailed in Tokyo last month over a “language mix-up” will fight to have his convictions overturned.

Daniel Matthew Otto, a 33-year-old video game programmer from Sydney, was sentenced to 490 days in prison after he was convicted of assault and trespass against a 70-year-old man during what police claimed was a late night-break in of the alleged victim’s Shinjuku home on June 23 last year.

Daniel Otto claims he was practising parkour in the Takadanobaba neighbourhood when he noticed the smell of gas. (Facebook)

Otto was arrested on September 5, 2023, and was held in custody for over a year before he was found guilty on October 18.

Otto maintains that he was practising parkour in the Takadanobaba neighbourhood when he noticed the smell of gas.

He vaulted a fence in order to warn the residents of a nearby apartment block.

However, when he came across an elderly man he shouted in English “go to a door” but this was interpreted as “gōtō da”, which is Japanese for “this is a robbery”.

Prosecutors determined Otto said the latter – and also asked the man “kane wa doko da?”, translating to “where is the money?”, but Otto denies this.

Otto has been jailed for two years. (LinkedIn)

The trial heard that when Otto entered the man’s flat the man gripped Otto’s hands in resistance and the elderly residents was pushed back inside.

A short scuffle broke out and the man hit is his head, requiring three stitches.

He was found guilty of assault and trespass but not guilty of robbery.

Otto’s legal team at Shinjuku International Law Firm told 9news this week that an appeal had been lodged against his convictions.

“He has always remained upbeat despite the almost complete social isolation, lack of sunlight and boredom of over a year in custody,” they said.

“He has 100 per cent consistently maintained his innocence and the facts of the case and has always remained hopeful that the truth would be accepted in the end.”

A date for Otto’s appeal has not been set yet, but his case will likely return to court early next year.

In his ruling, presiding Judge Jun Shimato ruled that Otto’s argument was “untrustworthy”, Japan Times reported.

Judge Shimato said he reached his verdict after hearing that Otto had tried to unlock a window of the house using a small gardening shovel, and had grabbed the man’s wrists when inside. The victim’s head was also injured during a wrestle between the two men.

If Otto had wanted to warn the man of a fire risk, as he claimed, he could have done so by buzzing his intercom, Judge Shimato said.

Despite the man’s injuries, Otto also failed to call the police, he added.

Prosecutors initially sought a six-year imprisonment, but an initial robbery charge against Otto was ultimately dropped.

One of his defence lawyers, Rie Nishida, described the ruling as “a very unreasonable decision”.