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Mohammed Atiqul Islam. Photo / NZ Herald
A man jailed for exploiting migrant workers after forcing staff at his Auckland confectionery to work up to 68 hours a week for a pittance has been denied parole.
Mohammed Atiqul Islam and his wife Nafisa Ahmed paid their staff just $ 6 an hour and confiscated passports.
Staff said they thought “they could die from overwork.”
The couple was jointly charged by Immigration New Zealand and acquitted of human trafficking charges.
Islam was found guilty of 10 counts of exploitation and seven other crimes related to immigration.
Also known as Kafi Islam, he was found guilty of three other counts of attempting to pervert the course of justice.
Ahmed, an accountant in her 30s, was found guilty of seven exploitation charges related to the five victims.
She was jailed for two years and six months in May 2019 and was released on parole in May.
But Islam must remain behind bars.
He was sentenced to four years and five months for his crime and last month the Parole Board said he was still a risk to the community.
“At the time of sentencing, the judge noted that Mr. Islam did not assume any responsibility for his crime or express any remorse,” said Judge Jane Lovell Smith, chair of the board’s panel.
“The pre-sentencing report noted that Mr. Islam’s risk of psychological harm to others, particularly employees, was high.
“Mr. Islam’s security rating is minimal and there are no problems with his conduct in prison.
“As a first offender, your (reconviction risk level) means that you are not eligible for any prison rehabilitation program.
“However, he is scheduled to receive assistance with a safety plan … The safety plan program is not scheduled for this year.”
Judge Lovell Smith said Islam had “excellent family support” and told the board that he wanted to be released so he could be with his 12-year-old son.
“He told the Board that he was very sorry for the whole situation, but also described the punishment as very severe given that he was separated from his family,” he said.
But she refused to make her wish come true.
“The board found that Mr. Islam’s expressions of remorse were not convincing,” he said.
“Your current safety plan does not address your potential reoffending risk issues.
“The judge described his crime as blatant exploitation of employees. His actions were clearly an additional personal benefit and his victims were very vulnerable.
“Without help in planning a proper security plan, Mr. Islam’s risk remains undue. Parole is denied.”
Lovell Smith said the board would support Islam moving into prison personal care and some form of employment, including the Release to Work program.
Islam will be seen again in June 2021 and Lovell Smith said the board hoped he could provide a “complete and appropriate” security plan.
Islam and Ahmed’s offense was discovered after two of the chefs at the Royal Sweets Cafe, also known as Royal Bengal Cafe, complained to the New Zealand authorities about the conditions imposed on them.
The chefs’ passports were also confiscated after they arrived in New Zealand from Bangladesh after responding to job advertisements in Bengali newspapers.
Judge Brooke Gibson said the chefs had “suffered greatly” in a form of economic slavery.
Working long hours, Islam and Ahmed employees received only $ 6 an hour, they were not paid for all the hours they worked or for any vacation pay, the court heard.
Islam and Ahmed also encouraged employees on temporary visas to violate their visa conditions by working longer hours.
At trial, Crown Prosecutor Jacob Parry said some of the victims suffered from swelling of the legs and hands and one thought “we could die from overwork.”