A doctor who threatened to deport an asylum seeker for not working long hours for little pay at his candy store has been sentenced to prison.
Seyyed Farshchi, a chiropractor and medical professional from Melbourne, was found guilty today in the County Court of coercing a man into working for him.
A jury in October convicted the 50-year-old man guilty of forcing someone to continue working under duress and running a business that involved forced labour.
Naghmeh Mostafaei, his wife, was found not guilty of encouraging and helping him.
Between January 2015 and July 2017, Farshchi employed the man—who had fled Iran and applied for asylum in Australia with his family—to work at his Persian candy store.
When the worker started working as a baker at the northeast Melbourne shop, he completed three months of unpaid training. He cannot be recognised for legal reasons.
He was subsequently compelled to work long hours, often from 7am to 3am, for $10 an hour, which was less than the minimum wage and frequently not paid in full or on time.
He brought up pay and working conditions with Farshchi, and the doctor threatened to have him deported and reveal his religion if he quit.
He informed the victim that he could deport or place him in immigration detention using his contacts within Australia’s immigration agency.
The guy was described by Chief Judge Peter Kidd as a “extremely vulnerable” victim who spoke only minimal English and was unaware of his rights as a worker in this nation.
“You knowingly took advantage of him, threatening to have him deported if he didn’t continue working for you,” he stated in court.
“The threats you made were calculated, manipulative and pernicious, your motive was a commercial one … sought for your business to benefit on the back of forced labour.”
When Judge Kidd ordered Farshchi, who was dressed in a suit, to stand in the dock while he was sentenced to three years and six months in jail, he stayed mute and looked straight ahead.
He stated that considering the gravity of his offence, only an immediate jail sentence would be suitable.
“The court must make it clear that exploitation and abuses of power, particularly where the victim is a vulnerable member of the community, will not be tolerated,” Kidd stated.
Farshchi entered the courtroom free of charge, but officers took him into arrest and led him out.
After serving 18 months of his sentence, he will be eligible for parole. He was also ordered to reimburse his victim for more than $42,000.
