Debt recovery bashing

By Cam Lucadou-Wells

A 21-year-old hired painter has pleaded guilty to brutally bashing his employer into unconsciousness during a dispute over unpaid wages, a court has heard.

Rahmatulla Yazdani, without invitation, knocked on the front door of his boss’s family home in Lynbrook on a Saturday afternoon in August.

The pair argued outside the house over the alleged $1100 non-payment, with the boss pushing Yazdani in the chest and challenging him to fight, Dandenong Magistrates’ Court was told on 22 October.

Yazdani struck the boss to the forehead with an unknown object, then repeatedly punched the victim to the head, police alleged.

He continued hitting even as the boss lay on the ground unconscious, police told the court.

When finished, Yazdani flicked his cigarette to the ground, and was driven away in a waiting car.

An ambulance was called by a witness. The victim was transported to Dandenong Hospital slipping in and out of consciousness.

He suffered a deep laceration and fracture to his brow, a laceration to the bridge of his nose that required stitches as well as seven broken teeth.

The dental repair bill was at least $6800, the court heard.

Yazdani, sporting a significantly swollen and bruised right hand, was interviewed by police via an interpreter the next day.

He broke down and cried when shown the extent of the victim’s injuries, the court heard.

“If he hadn’t touched me I wouldn’t have fought him,” he told police.

Defence lawyer Siva Kandasamy told the court that Yazdani was provoked, unarmed and struck the victim only once.

Yazdani had been working for the boss for four months and was constantly met with “excuses” over not being paid.

He had earlier approached police for help but was told it was a civil dispute – and he was unlikely to succeed due to being a sub-contractor, Mr Kandasamy said.

The Iranian-born refugee had a severe intellectual disability that impaired his reasoning and coping skills.

“He doesn’t know how to manage stress and that’s a contributing factor,” Mr Kandasamy said.

Magistrate Jack Vandersteen said Yazdani must have struck the victim “many, many times”, given the extent of the injuries.

He noted Yazdani was on corrections orders at the time for two counts of recklessly causing serious injury in 2016.

In those previous cases, the two victims had each suffered broken faces.

He had failed to do the required unpaid work on the orders but had otherwise engaged well with behavioural programs, the court heard.

“The community corrections order hasn’t achieved the outcome you would hope because you’re here today with a victim that’s suffered a high-end injury,” Mr Vandersteen said.

“If not for the intellectual disability, he’d be looking at years of jail.

“He’s incredibly violent when he offends.”

Yazdani accepted Mr Vandersteen’s sentence indication of jail followed by a CCO.

He was issued a three-year intervention order, banning him from contacting the employer, except through a lawyer.

Yazdani was bailed to appear at Dandenong Magistrates’ Court for sentencing on 5 December.