A dispute over whether the national holiday should be called Australia Day or Invasion Day led to a man being assaulted and mauled by a dog at the Aboriginal Tent Embassy, a court has heard.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The 71-year-old victim was taken to hospital after suffering severe bites to his head, arm and leg.
But Peter Hill, 50, claimed the bull mastiff had run to his aid after he fought with the victim.
Hill, of Queanbeyan, pleaded guilty to charges of inflicting actual bodily harm and allowing a dog to attack a person when he appeared in the ACT Magistrates Court on Tuesday.
The prosecution dropped two other serious assault charges.
Court documents said Hill had been living in a caravan at the tent embassy at the time of the attack on January 22.
Hill had become involved in a dispute with a German tourist who had taken pictures at the embassy before 10.40am.
Hill became aggressive and snatched the camera from the man, telling him pictures were not allowed.
The offender claimed the victim then intervened by striking him in the head with a stick.
A fight broke out and Hill repeatedly hit the man with his walking stick.
Hill's dog then attacked the victim - causing significant injuries - before it was dragged away by another man.
Witnesses reported Hill then grabbed a star picket and went to hit the victim, but was disarmed by a security guard from Old Parliament House.
Court documents said Hill and the victim had argued the night before about whether a woman should be evicted from the embassy.
But defence lawyer, Peter Bevan, told the court on Tuesday that the men had had a dispute over the name of Australia's national day.
Mr Bevan told the court Hill – who suffered a brain injury and lasting physical disabilities after being hit by a car - had first acted in self-defence, but then went beyond the acceptable use of force.
Police reported Hill had bruising or marks on his forehead, dried blood down his face, and a bite mark on his forearm.
But Special Magistrate Maria Doogan told Hill that "it's not self-defence. You can't claim self-defence".
"You can't … justify the dog coming in."
The lawyer said the dog had been inside Hill's caravan and run to his owners aid when another man opened the door after hearing the fight.
Mr Hill told the court he would have called off the animal but had not at first realised it had bitten the victim.
Prosecutor Dean Sahu Khan said Hill had a long criminal history for violence, but had not been convicted of an offence for 11 years.
A police officer told the court the dog had not been aggressive for the 11 months it had been at the pound.
Ms Doogan described the case as an "unfortunate situation", but rejected defence claims the matter had been a low-end offence.
"The most significant aspect is the fright and fear [the victim] was subjected to by being attacked by a dog," the magistrate said.
She sentenced Hill to three months jail, to be fully suspended upon entering an 18-month good behaviour order with a surety of $750.
She also fined him $500, told him to pay $123, and ordered he and the dog undergo socialisation training.
Ms Doogan had the dog declared dangerous, warning the animal would be destroyed if it was involved in another attack.
"If you don't control [the dog] then he will not get another chance," she said.
"It won't be his fault, it will be yours."