By NNN-Bernama
Melbourne : An Indian restaurateur in Blue Mountains, near Sydney, accused of forcing an Indian chef to work in conditions of forced labour has been cleared of exploitation charges.
But Yogalingam Rasalingam faces up to five years in prison for falsifying the employment contract attached to the man’s visa application, the Australian Associated Press reported.
Rasalingam, 44, was acquitted by a Sydney District Court jury of bringing Anbalagan Rajendran from Thanjavur, South India , to Australia from India reckless as to whether he would be exploited.
But the panel of six men and six women convicted him of dishonestly influencing an immigration official by forging Anbalagan’s signature in visa papers. The charge carries a maximum of five years’ prison.
Anbalagan told the court he was put to work in the Blue Mountains restaurant almost immediately upon arriving in Sydney in June 2005, and worked 14 hours straight, six days a week with only one day off.
The 24-year-old said Rasalingam paid him only “A$50 here, A$20 there” and warned he would have to forfeit his first year’s pay to refund the cost of his travel to Australia.
Anbalagan said he was denied painkillers for a recent hernia operation, forced to sleep on the floor in Rasalingam’s hallway and was told he could only bathe and keep his belongings in the backyard shed.
Immigration officers raided the Star of India restaurant, west of Sydney, after a tip-off, and found a file containing papers related to Anbalagan’s visa application. Attached to the application was a job offer from Rasalingam’s registered business Yoga Tandoori House setting out working conditions and salary.
The form, which had a sample of Anbalagan’s signature taped to the bottom, said the chef would be paid A$40,000 a year to work 38 hours a week in Rasalingam’s restaurants.
Anbalagan said he was never shown nor signed a contract, and was told to send Rasalingam seven samples of his signature before coming to Australia. The young chef also claimed he was so depressed by his working conditions he swallowed poison.
Rasalingam’s lawyer, Peter McGrath, told the jury they were not there to decide breach of contract matters, but whether Anbalagan had been exploited and threatened.
McGrath said Anbalagan “chose” to sleep on the floor and Rasalingam had only confiscated his passport for taxation purposes, having also arranged to pay his father in India.
Rasalingam, a father of two who arrived in Australia from India in 1987, smiled politely as the jury delivered their verdict. Judge Anthony Puckeridge continued Rasalingam’s A$500,000 bail and will sentence him on Nov 2.