A mother has begged a judge not to jail her after she was sentenced to three years in prison for forcing her 20-year-old daughter to marry her killer.
Sakina Mohammed Jan, 48, cried and screamed in Victoria County Court today, telling the judge through an interpreter that she had done nothing wrong and could not accept the sentence handed down to her.
She is the first person in Australia to be convicted of causing someone to enter into a forced marriage since it became a crime in 2013.
One of her supporters collapsed in the courtroom as Jean was removed by corrections officers, and the woman was later taken to hospital in an ambulance.
Jan was convicted of forcing her daughter, Rokia Heydari, to marry Mohammad Ali Halimi in August 2019, after the 20-year-old’s first marriage ended in divorce.
Mrs. Haidari was considered a “biwa” by the Hazara community, meaning she had lost her value, so Jan arranged a second marriage to restore her family’s reputation.
Ms. Heidari told her friends, teachers and driving instructors that she did not want to marry the older man, and instead wanted to focus on her studies.
The 20-year-old begged her mother to end the engagement, but Jean told her: “No matter what, you have to listen to me, to your mother.”
Ms Heidari and Halimi married in Shepparton on 21 August 2019. The couple moved into Halimi’s Perth home later that year.
He murdered his young bride five months after their marriage, and is serving a life sentence for murder.
Judge Fran Dalziel ruled on Monday that Jean was clearly grieving over her daughter’s death, but showed no remorse for her crime.
“You abused your authority as a mother – as the person (Ms. Haidari) loved and respected her,” the judge said.
“While you thought you were acting in her best interests, you actually weren’t.”
Jan blamed others for arranging the marriage, and said she did not know her daughter wanted to back out of the engagement, but the judge rejected her claims.
“Mrs. Haidari told you she didn’t want to get married, and you told her it was none of her business.”
Judge Dalziel acknowledged that Jan faced cultural expectations from the Hazara community, but said the law prevented her from looking at those customs as a mitigating factor.
The judge noted that Jan, who fled Afghanistan with her family, could face deportation if she is imprisoned for 12 months or more.
Judge Dalziel said the sentence should reflect the seriousness of the offence, regardless of possible deportation.
“It should be clear to everyone in our country that forced marriage is against the law,” Justice Dalziel said.
Jan was sentenced to three years in prison, but will be released from custody on a recognizance order after 12 months.
Jan initially refused to sign the order, stating that she could not accept it.
After the judge left his seat, Jan’s son, Taqi Heydari, said it was a shame that his mother was sent to prison after losing her daughter.
