Longhurst seeks vindication from counterfeits case

Mpho Mokwape | Thursday August 11, 2016 15:42

 

The company is engaged in a legal tussle with HP South Africa for allegedly selling counterfeit products branded with the latter’s logo.

On Tuesday Longhurst made the application for absolution on grounds that HP had failed to prove their case against it.

Longhurst Holdings has been at the centre of investigations from HP SA and the Criminal Investigations Department since 2013. The company is accused of selling HP products including ink cartridges and toners at a cheaper price, raising suspicions of them being counterfeit.

The local company lawyer, Gabriel Kanjabanga made the application when the case resumed from a long break saying HP had not proven any guilt against his client since the case started last year. Kanjabanga made the application as he was supposed to call the company witness arguing there was not even slight evidence against his clients that they were at fault.

The application that was supposed to be argued yesterday was however postponed due to a row over exhibits.

HP had earlier requested that they give the exhibits to the court as they had been tendered as part of evidence, which Longhurst objected to.

Kanjabanga said the exhibits were never tendered as part of evidence during the start of trial but were only identified for marking.

“The exhibits were never tendered and why should they be tendered now. We seek an absolution from this case,” he said.

Due to the arguments, Gaborone High Court judge, Terrence Rannoane postponed the matter to allow the court to refer to its records.

At the heart of the matter is that HP alleges that the goods that were seized from the company were counterfeit. They had engaged a company that deals with providing a risk consultancy and investigations services in counterfeit goods from SA. According to their documents before court, on March 2013, Chasewaterford Company was instructed by HP SA to carry out investigations regarding complaints made by HP partners and distributors in Botswana relating to HP being sold by Longhurst.

The court heard that the investigators found that the company was selling the products at a greatly reduced price, which aroused suspicions that the goods may be counterfeit.

“The suspicions were later confirmed and their findings reported to the criminal investigations department,” read the documents. However, Longhurst has maintained that the company has always thought the goods were genuine as they bought them from suppliers in Hong Kong and Dubai. The case has been postponed to November 11.