A Bangladeshi worker has testified about how an "American dream" opportunity to work in Malta, which initially appeared promising, turned into months of unpaid labour, deteriorating working conditions, and frustration.

The testimony emerged during proceedings against 41-year-old Nazmul Istiak, a Bangladeshi national accused of human trafficking for labour exploitation, forced labour, money laundering, fraud, coercion, document forgery and employment law breaches.

He is further accused of defrauding several individuals of more than €5,000 and failing to notify Jobsplus of their employment. 

The prosecution alleges that Istiak recruited individuals to travel to Malta by promising them employment opportunities which ultimately failed to materialise under the agreed conditions. Prosecutors are characterising the alleged recruitment scheme as one in which prospective workers had effectively been sold an "American dream" of travelling to Malta and securing employment.

Testifying before Magistrate Lara Lanfranco, the victim explained that he had been searching for employment opportunities abroad when he came across a Facebook group advertising a vacancy for a waiter and bar assistant in Malta.

The witness explained that he entrusted his brother with handling the application process because he was unfamiliar with the necessary procedures. His brother subsequently established contact with Istiak and arranged a job interview, which took place in person at the accused's office. 

The proposed conditions included a monthly salary of €900 and a 40-hour working week. He said the precise date on which his salary would be paid was not discussed but understood that payments would normally be made at the end of each month. Asked about his initial impression of Istiak, the witness described it as positive, explaining that he believed the accused was offering him a genuine opportunity to improve his circumstances.

Istiak sent an employment contract via WhatsApp to the witness's brother. Although he was offered a waiter position during the interview, his employment contract listed him as a bartender.. He explained that this discrepancy had not concerned him. On the contrary, he was pleased with the opportunity and even began undertaking basic bartending training in preparation for the position.

Promised €900 salary reduced to €400

The witness explained that the employment conditions he encountered differed considerably from those originally discussed. Istiak informed him that the business was struggling financially and attracting insufficient customers. As a result, the witness was asked to abandon his anticipated bartending duties and instead work as a dishwasher. His monthly salary was also reduced from the initially promised €900 to €800, with further deductions for accommodation and food bringing the amount he expected to receive down to approximately €400.

The working hours also changed significantly. Rather than the originally agreed eight-hour shifts, the witness said he was required to work from 4pm until 4am, six days a week.

The witness said he accepted the reduced salary after Istiak told him: "If you stay with me, you will grow with me in my business. He said he had trusted those assurances because of the positive impression Istiak had initially made on him.

Four months of unpaid labour

The witness testified that he worked at the restaurant for approximately four months without receiving his salary. Whenever he requested payment, Istiak allegedly blamed the restaurant's financial difficulties, assuring him that his outstanding wages would be settled once business improved.

The witness said he would ask Istiak for small amounts of €5, €10 or €15 to cover his daily expenses, receiving approximately €150 over four months. The witness also recalled that when his mother-in-law fell ill in Bangladesh, Istiak transferred €100 at his request.

The witness explained that he gradually became frustrated and lost trust in him. He eventually began searching for alternative employment and accommodation, having been living in premises associated with the accused.

To earn some money, the witness began collecting discarded bottles from bars and depositing them into BCRS reverse vending machines, earning approximately €20 a month.

Allegedly instructed to tell police he was only helping

During his testimony, the witness was also questioned about whether Istiak had given him instructions on what to say if approached by the police. He claimed that Istiak had instructed him to tell anyone questioning his presence at the restaurant that he was merely helping out rather than actually working there.

Inspectors John Spiteri and Ryan Mario Vella prosecuted, assisted by AG lawyers Ramon Bonne Sladden and Charmaine Abdilla. Defence lawyers Nicholas Mifsud and Nicole Falzon appeared for the accused.

The proceedings are being heard before Magistrate Lara Lanfranco.