An emergency search and seizure operation by forensic investigators at Verizon`s Gallo Manor offices was completed yesterday, and the information will now be subject to a legal investigation.
This is according to Eugene Bester, attorney at Cliffe Dekker (representing Verizon). "The Anton Piller procedure is almost complete - forensic investigators have nearly finished compiling the findings [of yesterday`s search and seizure exercise]."
He says the forensic search "for the documents for which the Anton Piller was launched" was completed yesterday, and all staff were able to leave the office at the end of normal business hours. Today, all staff are back at work.
ITWeb has learnt that Internet Solutions CEO, Angus MacRobert, was at Verizon`s premises yesterday.
Cliffe Dekker will now go through all the documents with Internet Solutions` attorneys, the independent attorneys, and the sheriff. Bester reveals the independent attorneys are a small Pretoria-based firm, but cannot divulge the name.
"The independent attorneys have kept a watching brief on proceedings," he confirms.
The attorneys` investigations should commence early next week, and Bester says he hopes to see this part of the process concluded by the end of the week. The investigation procedure will determine whether the Anton Piller court order was justified.
Trade secrets
Lucien Pierce, attorney at Phukubje Pierce Masithela, says the most common reasons for an Anton Piller application are either to seek monetary damages arising from the infringement of a right (such as a trade secret or a copyright), or to stop somebody from using such a right.
Pierce says in the IS-Verizon case, it is more likely to be a case of infringement or use of trade secrets and confidential company information, and less likely to be a copyright infringement.
Anton Piller
In an explanatory report, one of Pierce`s colleagues - Zuko Soni - says an Anton Piller application is brought about in secret. "Even the hearing of this application in court is done without the knowledge of the other party - the respondent should not be notified of this application, since the purpose of the application will be defeated."
When applying for an Anton Piller order, the applicant must prove an "extremely strong prima facie case against the defendant", that the potential or actual damage is serious, and that the respondent is in possession of incriminating material which he could destroy should he become aware of the application.
Once the order is granted, the court will appoint a sheriff and an independent attorney to enter and search the premises of the respondent and seize the items mentioned in the order, explains Soni.
Bester offers no comment on the reasons for IS being awarded this emergency court order, and similarly declines to answer questions at this point on whether Verizon would consider legal action of its own if the Anton Piller is deemed unjustified.
Two IS directors have both declined to offer any comment on the matter.
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