Rajendra Prasad Brothers Limited appeal dismissed

The High Court has today dismissed an appeal by Rajendra Prasad Brothers Limited after they were fined by the Suva Magistrates Court for offering for sale price controlled items at excessive prices.

Judge, Justice Paul Madigan said the company offered for sale seven 900 gram tins of S26 Soy Infant Formula at $35.56 instead of $34.25, and nine 900 gram tins of S26 Original Step 1 Infant Formula at $34.25 instead of $33.90.

A representative of the company entered a guilty plea on behalf of the company and submitted a letter of mitigation to the court.

The Magistrates Court then sentenced the company to a fine of $1,000 and to costs of $35.50.

Rajendra Prasad Brothers Limited then appealed the sentence on the grounds that the fine of $1,000 was harsh and excessive and that the price control order was not specific enough which resulted in confusion, that the price control orders were legally invalid, the fine imposed by the Magistrate had no legal base and that the early plea of guilty should have resulted in a minimum fine.

Justice Madigan stated that at the High Court hearing, the agent of the company was not able to tell him why the orders were invalid nor could he explain why the fine had no legal base.

Justice Madigan said the maximum fine being $5,000, the $1,000 fine is well within the authority of the Magistrate to impose although it is higher than fines usually passed for the same offence.

While dismissing the appeal, Judge Madigan said the accused company appears to have an overly optimistic view of the effect of its early plea of guilty.


Story by: Vijay Narayan