Aussie faces jail over urinating dogs incident
AN AUSTRALIAN man accused of assaulting a Bali restaurant owner in a dispute over dogs urinating on furniture and young coconuts should be found guilty and sentenced to six months jail, prosecutors have argued.
In delivering their sentence demand or recommendation in the Gianyar District Court, prosecutors said Michael David Sode, 47, should be found guilty of assault.
Prosecutor Julius Anthony submitted that Sode should be declared guilty and sentenced to six months in jail.
The former Sydney man, who was living in Bali, has already signed a peace agreement with the alleged victim, Made Wena, who was injured in the dog dispute outside his Ubud restaurant, Warung Coconut, on July 6 this year.
As part of the agreement, Sode apologised to the victim and Mr Wena accepted his apology. Sode also paid for a traditional Balinese cleansing ceremony to be held in the Ubud village and told the court that the villagers had welcomed him back.
The agreement will be taken into account by the judges in deciding the eventual sentence and used in mitigation.
Sode has been in jail since early July and if the eventual sentence were the recommended six months he would have just a few months left to serve.
The maximum sentence for assault is two years and eight months.
A fight broke out between Sode and the victim, Mr Wena outside the restaurant after dogs urinated on the restaurantâ€™s sidewalk furniture and on young coconuts on display, to be used to make drinks for tourists.
Sode has since denied that he owned the errant dogs, saying they were street dogs which followed him around.
The court has heard that when the dispute started Mr Wena had picked up a chair and swung it at a dog, hitting the dog and Sode.
Sode testified that he felt fearful and in danger and instinctively tried to protect himself, pushing Mr Wena away, but had no intent to injure him. Mr Wena suffered a split lip. Sode said he suspected it resulted from his tooth piercing the lip.
Sode told the court he regrets the incident and had no intention of causing any harm.
He has previously told News Corporation that jail is difficult and the conditions are overcrowded.
He said in cases like his the defendant should not be in jail for the duration of the case as he has been.
The trial will continue next week.