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Jeewan Sagu

Jeewan Sagu (Image: Birmingham Mail)

Jeewan Sagu along with his wife Rajika Sagu and his businesses Big Living Ltd and Desktop IT were found guilty of four regulatory offences back in 2022.

A trial at Birmingham Magistrates' Court had heard they provided hundreds of containers of their Chemist Plus branded hand sanitiser which was advertised to contain 80 per cent alcohol when in reality some of it contained less then 30 per cent.

Sentencing was put on hold after the defendants challenged the verdicts but yesterday (Wednesday, May 7) a judge and two magistrates at Birmingham Crown Court confirmed they had upheld the convictions following an appeal hearing.

Judge Richard Bond stated the hand sanitiser product was 'effectively useless'.

Jeewan Sagu, aged 43, of Wake Green Road, Moseley, had given evidence at the appeal but the judge concluded: "Overall we had real difficulty in believing much of what he had to say.

"It became obvious within a few questions being asked by the prosecution this appellant, despite obvious intelligence, didn't want to answer questions directly.

"On numerous occasions he gave answers not related to the questions and the bench had to ask him 'answer the question'.

"On numerous occasions we concluded he was simply lying about various facts to cover up his involvement in the offences."

Jeewan Sagu had claimed he had suffered a seizure in November 2019 and had stayed at home away from work when the offences were committed by Big Living.

But Judge Bond concluded he had simply 'self-reported' his absence to a doctor.

He said: "This is a recent invention seeking to distance himself not only from the premises but from people working there in order to give himself a defence to the charges."

The judge also criticised Jeewan for trying to shift the blame on to two other people at the company.

His wife Rajika Sagu, aged 39, and of the same address as her husband, did not give evidence to the appeal hearing.

The couple, along with Desktop IT Ltd, were directors of Big Living Ltd.

All four defendands had previously been found guilty of placing an unsafe product on the market, causing another trader to engage in a commercial practice which was a misleading action and misleading advertising.

A fourth offence related to failing to adopt measures under the General Product Safety Regulations.

The Sagus and Desktop IT resigned as directors of Big Living in 2021 with the company being dissolved in May last year.

Desktop IT, of which Jeewan Sagu was also a director, has also since been dissolved.

Samuel Green, defending Jeewan Sagu, stated the father-of-two had a previously clean criminal record and added that a 'catalogue' of positive testimonials had been submitted on his behalf.

He argued for a punishment which would not involve immediate imprisonment and said: "Unpaid work combained with the stigma of conviction and the massive fall from grace and standing in the community, wider community and business community is deterrence enough."

The barrister further submiited that his client's latest company Sagu Ltd, which provides website design consultancy and employees five people, would go out of business if he was jailed.

But Mark Jackson, prosecuting for Birmingham City Council, pointed out Jeewan Sagu was also listed as an active director of five further businesses according to Companies House.

He requested he contribute 60 per cent (£40,585) to the prosecution's total costs.

Jeewan, via his barrister, claimed his other business were making losses prompting judge Bond to demand to see financial records.

He said: "I can't go on what the defendant says to you about the financial state of his businesses.

"We have found he is someone quite prepared to lie to this court.

"I don't accept what he says to you. I need to have some audited accounts, they must exist.

"It's not your fault Mr Green you have been taken by surprise but I am afraid you have been lead a heady dance by your client."

Moving on to his his wife Judge Bond confirmed he would not be sending Rajika Sagu to prison.

Addressing her barrister he said: "Your client was convicted of the basis of neglect.

Rajika Sagu

Rajika Sagu (Image: Birmingham Mail)

"We take the view she was aware of what was happening at Big Living, I mean the buying and selling of hand sanitiser.

"She had an obligation and duty as director to ensure regulations were complied with, even to a minor degree. She did nothing.

"She may well be involved in the furniture side (of the business) but it doesn't absolve her of her legal obligations."

Judge Bond stated it was 'astonishing' she had pursued the appeal and put her 'own life on hold'.

He added: "Maybe she was just following in the shirt tails of her husband who is obviously the primary mover behind the whole of this enterprise."

Judge Bond confirmed he would adjourn sentencing until today, (Thursday, May 7).

He said: "The second appellant (Rajika) knows she is not going to custody.

"I don't say that in the case of the first appellant (Jeewan) so he needs to be prepared, although I have not made up my mind yet."

Big Living and Desktop IT are likely to receive nominal fines of £1 due to having been dissolved.


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