A Melbourne doctor has begged a judge not to put him in jail after he took advantage of a helpless refugee for personal financial benefit.
Seyyed Farshchi, 50, was found guilty in October by a County Court jury of forcing someone to continue working under duress and running a business that used forced labour.
Naghmeh Mostafaei, his wife, was found not guilty of supporting and instigating him.
Between January 2015 and July 2017, Farshchi employed the refugee at his Persian confectionery shop located in the northeast of Melbourne.
The individual was forced to work long hours, with little compensation, and with physical labour by the chiropractor during that period.
In addition, Farshchi repeatedly threatened to report the refugee to the police and have him deported.
The man said in a victim impact statement submitted to the court that Farshchi had taken away his optimism and hope for the future.
Aside from his relationship with his wife and children suffering, he was worked “relentlessly to the bone” and was still in bodily and mental misery.
The statement read out to the court on Thursday said, “I feel sad my trust in this man was misplaced… and I could be exploited to such an extreme level.”
Daniel Gurvich KC, Farshchi’s attorney, said that his client had misused his authority and taken advantage of the refugee for personal benefit.
Gurvich, however, pleaded with Chief Judge Peter Kidd to take into consideration a suspended prison sentence along with a community corrections order rather than imposing an immediate jail term.
The attorney stated that Farshchi did not commit any further crimes throughout the six-year period that separated the offence and Thursday’s pre-sentence hearing.
Gurvich said that because his chiropractor licence had been subject to significant restrictions, his medical practice had suffered.
The 50-year-old had previously led a respectable and honourable life, giving back to his family and the community, and he was willing to give the refugee more than $42,000 in restitution.
The attorney said that Farshchi would be adequately punished without going directly to jail under a corrections order and a recognisance release order, which is essentially a suspended prison sentence.
However, prosecutor Nicholas Papas KC stated that because the offence took advantage of the power asymmetry between Farshchi and the refugee, it was quite serious.
According to Papas, the only suitable punishment was an instant jail sentence coupled with a non-parole period.
Judge Kidd prolonged Farshchi’s bail until his sentence hearing next month, stating that he was still in the process of making a judgement.
