Bizarre English-Japanese language confusion
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"Australian man claiming language mix-up jailed over Tokyo break-in", By Himari Semans, The Japan Times (10/18/24)
The behavior of the defendant was so peculiar that, even if he was not intending to rob or injure the old man into whose house he broke, he deserves the 240 days detention plus 490 days for a total of two years jail time to which he was sentenced today.
The report repeatedly mentioned that the defendant smelled "gasoline". I wonder if what he was really trying to say was that he smelled "gas".
"gasu ガス" ("gas")
"gasorin ガソリン" ("gasoline")
Daniel Matthew Otto, the defendant, is not denying that he broke into the victim's home by a suspicious route:
The incident occurred at around 11:30 p.m. on June 23, 2023.
Mathew broke into the victim’s two-story house via the roof and balcony, and hurt the elderly man's head while they wrestled. Mathew subsequently fled the scene.
The trial focused on the words used by the defendant because they would determine whether he had intended to rob the victim or help him.
Mathew’s defense team argued that he smelled gasoline when he was passing by the victim's home and had told the 70-year-old man in English to “Go to a door!” and “Can you walk?”
The victim, meanwhile, claimed that defendant shouted “gōtō da” and “kane wa doko da?” (Where is the money?) in Japanese.
On Friday, presiding Judge Jun Shimato ruled that Mathew’s argument was untrustworthy, considering that he tried to unlock a window of the house using a small gardening shovel he found on the balcony and grabbed the victim's wrists when he made his way inside.
If Mathew had wanted to warn the victim, he could have done so through an intercom at the door, the judge said. The defendant also did not call the police when he left the scene, the judge added.
Shimato, in his ruling, said that there was also a likelihood that the victim might have misheard Mathew, since he assumed the defendant was a robber when he entered his home through the window on the second floor.
The victim’s wife and a police officer who went to the scene testified that upon close inspection of the balcony, there was no smell of gasoline, which made Mathew’s account doubtful, effectively making his statements unreliable, according to the ruling.
Prosecutors sought six years' imprisonment for the defendant.
In the end, Shimato handed down a prison sentence for breaking into the home and injuring the man, but not for robbery.
In the end, Shimato handed down a prison sentence for breaking into the home and injuring the man, but not for robbery.
Mathew’s defense lawyer Rie Nishida said she plans to appeal the ruling, describing it as “a very unreasonable decision.”
Mathew himself expressed relief that he was not convicted of robbery.
Nishida expressed disappointment that the court dismissed her client’s claim of having smelled gasoline, which she said was corroborated by police remarks. She says she has recordings of the remarks.
Nishida expressed disappointment that the court dismissed her client’s claim of having smelled gasoline, which she said was corroborated by police remarks. She says she has recordings of the remarks.
In my estimation, Matthew Otto should indeed consider himself fortunate that he was not convicted of robbery.
Selected readings
- "Law as applied linguistics" (7/25/09)
- "Robberies in Kanto region may be linked to 'dark' part-time jobs" (10/17/24) — the vitims were nearly all in their 70s
[Thanks to Don Keyser]
Mike Ryan said,
October 21, 2024 @ 1:00 am
This has nothing to do with language. It has to do with a foreigner who perhaps needs mental health care.
In the article it says the defendent tried to "unlock" a window with a "shovel". That is the same as trying to unlock a door with a battering ram. That alone should be enough for breaking and entering.
Tom said,
October 21, 2024 @ 5:25 pm
I know when I break and enter, I always yell, "this is robbery!". That way the victim doesn't accidentally think I am trying to help him and can testify easily to my malfeasance in court.
There are a lot of weird foreigners in Japan. The judge's logic "he didn't try to call the police, therefore he is a liar," is very Japanese, steeped in cultural homogeneity.
I would need to see more information about the circumstances to know what to think.
Coby said,
October 22, 2024 @ 8:43 am
Wouldn't an Australian say "petrol" when he meant gasoline?