Dr Seyyed Farshchi fails in his forced labour conviction appeal

A Iranian desserts shop owner who was jailed for forced labour offences towards a refugee has made a bid at freedom.

Dr Seyyed Farshchi has failed in his bid for freedom and to overturn his conviction Picture: AAP /James Ross

A jailed sweets shop owner who made a refugee staff member work unpaid 14 hour shifts for three months has had his attempt for freedom quashed.

Dr Seyyed Farshchi, 50 — who was jailed for 18 months non-parole for forced labour offences — tried his luck appealing his sentence and conviction after he was found of guilty of taking advantage of an Iranian refugee under his employmentearlier this year.

The refugee, who cannot be named, was hired by Farshchi at an Iranian desserts shop in Box Hill as a baker in January 2015, and was forced to undergo three months of unpaid training, working up to shifts of up to 14 hours.

Once the three months of training ended the refugee was paid $10 an hour — unaware this was well-under minimum wage requirements — with the money often not paid or delivered late.

Dr Seyyed Farshchi forced an Iranian asylum seeker to work at a bakery in forced labour conditions. Picture: NCA NewsWire / Luis Enrique Ascui

The refugee only learned he was being underpaid when he disclosed his pay to a group of friends.

The court heard Farshsci also promised he would help the refugee buy a house.

But when the refugee raised concerns about his pay, Farschsci responded by

threatening to jeopardise his visa application as well as telling him he would be “killed” in Iran.

“When they deport you back to Iran I’m gonna let them know that you’re a Christian convert ... then their sentence over there ... or apostasy is death so they’re going to kill you over there,” Farshsci told the refugee at the time.

In his bid to appeal his conviction, Farschi submitted the trial judge did not take the hardship jailing him would have on his family and that the sentence imposed was “manifestly excessive”.

He also submitted that the jury was not informed that the refugee’s evidence “may be unreliable” due to his use of opium and prescription medication.

Dr Seyyed Farshchi was sentenced 18 months jail non-parole in January 2024. Picture: NCA NewsWire / Luis Enrique Ascui

But Supreme Court Appeal Judge Phillip Geoffrey Priest said he was “not persuaded the judge erred in failing” to alert the jury of unreliable witness evidence.

His Honour Priest read out the directive the trial judge gave to the jury, who — during the trial — told the jury: “Many of the witnesses including the complainant have experienced faded memories. You must take that into account. Witnesses, including the complainant, are not in a position to recall detailed context and surrounding circumstances of relevant events or some relevant events.”

Farshsci’s submissions that his family’s hardship was not taken into account and that the jail term was excessive were also refused by the panel of appeal judges.

“Both the application for leave to appeal against conviction, and the application for leave to appeal sentence, must be refused,” His Honour Priest said.