Touch detection Blackberry 9300 6.0

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I am currently experiencing some issues with some touch detection in a plugin i am using.

The plugin uses the following code

touch = ("ontouchstart" in window) || window.DocumentTouch && document instanceof DocumentTouch;
eventType = (touch) ? "touchend" : "click";

To determine if it should use touchend or click event on some gallery navigation.

However unfortunately when accessing the page using a Blackberry 9300 running os 6.0 its falsely reported as being a touch enabled device and event doesn't fire.

I've checked the detection method used and its the same as the one in Modernizr.

Does anyone have a solution to this issue?

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