Customs documents allegedly showed that OUCH Boutique owner Grenville Delpeache brought in backpacks, in bulk, at the declared cost of $9 each, which were then sold at $110.
Those documents also showed, the court heard, that Delpeache brought in slippers, sneakers and shoes at the declared cost of US$2.33 but then sold the slippers for BDS$100, Creepers sneakers for BDS$450 and Puma sneakers for BDS$200.
This was the evidence of investigating officer Acting Sergeant Rodney Holder, who testified in the fake Puma case against Delpeache in the Bridgetown Traffic Court on Wednesday.
Delpeache, 43, of Passage Gardens, Passage Road, St Michael, has denied three charges in relation to 17 pairs of slippers, seven single shoes (those placed on display) and 31 haversacks, which were allegedly found to be fake Puma items. He will give his defence on Monday.
“I told the accused that my investigations suggested that based on the prices he was retailing the items for, he was well aware of the value and quality associated with the Puma brand. So the purchase price he was paying for the slippers, shoes and backpacks should have been an indicator that the items were not genuine Puma products,” the lawman said he told Delpeache, who replied: “No comment.”
Holder said during his investigations he spoke to customs broker Anderson Cadogan who handed over two customs C63 Forms dated February 22 and August 18, 2017.
The sergeant said the accused subsequently arrived with his attorney Romain Marshall and he told both of them about the offence of unauthorised use of the Puma trademark and that a search warrant had been executed at the Swan Street boutique. Backpacks, shoes and slippers had been seized.
He said the accused, however, declined to comment when he told him (Delpeache) that investigations revealed them to be fake. The accused also declined to give a written statement.
The investigating officer continued he asked the accused a number of questions including: “Is the genuineness of the product a factor you consider when purchasing stock?” and “What steps do you take to ensure that you are purchasing a genuine product?”
He said the accused replied: “No comment.”
Holder said he showed the accused the shoes and bags and asked him what he could say about them. The accused replied: “No comment.”
The officer said the accused also declined to comment when asked from where did he purchase the items; whether that place was an authorised dealer for Puma and whether he was aware that the items were counterfeit.
“I then told the accused that according to the customs documents the declared cost of a backpack was US$4.50/BDS$9, while the declared cost of the footwear, which to my understanding includes shoes and sneakers, was US$2.33/BDS$4.66.
“He was purchasing a Puma backpack for US$4.50 and retailing it in his store for $110. He was purchasing a pair of Puma Fenty by Rihanna slippers for US$2.33 wholesale and retailing them at his store for $100.
“I further told the accused that my investigations revealed that he was selling a pair of Puma Rihanna Creeper sneakers for BDS $450 and Puma sneakers for $200. I then asked him what he could say and he replied ‘no comment’.”
He later charged the accused with three offences.
When cross-examined by attorney Satcha Kissoon, he admitted that nowhere in the form were backpacks mentioned.
He explained he had divided the price of the items by the number of items to arrive at the individual prices. (HLE)
