12/11/2014

Conspiracy Just Preposterous - Gerry McIlroy

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A lawyer for Rory McIlroy’s father Gerry has said it was “just preposterous” to suggest there was a conspiracy to end the golfer’s agreement with his sports management company in April last year.

Rossa Fanning said if it was a conspiracy, which is denied, then it was “the worst conspiracy in the world”.

This was because it would have happened around the time of one of the most important events in the golfing calendar, the Masters.

It was also the month after Rory McIlroy had signed an amendment to his December 2011 representation agreement with Dublin-based Horizon Sports Management, counsel said.

Mr Fanning was speaking on the third day of a High Court application by Horizon and two other companies for better disclosure of documents and inspection of mobile phones of Rory McIlroy, his father and two other employees of Rory McIlroy Inc, the golfer’s own management company.

The hearing is in advance of a full trial of Mr McIlroy’s case against the Horizon defendants in which he claims he is entitled to rescind the agreement as it was improvident and signed it without proper advice.

Horizon, and two companies, Gurteen Ltd and Canovan Management Services, have counter claimed for damages.

The defendants say they have not been given all the available data by the McIlroy side, and by people close to him, in order to prepare their case despite a previous court order that disclosure be made.

Mr McIlroy’s father, Gerry, has not properly explained why data on his mobile phone was wiped in circumstances where he was in close contact with his son at the time the agreement was repudiated, counsel said. Information required for the court case may have been contained on that phone.

All that Gerry McIlroy had provided for the Horizon discovery of documents process was five emails, over which legal privilege was claimed on three of them, said Maurice Collins, for the defendants.

Gerry McIlroy had maintained his main form of communication was conversations in person or by phone and he only used messaging infrequently.

Mr Fanning, for the McIlroys, said there was a lack of reality to what was being sought and no substance to the claim there was a co-ordinated deletion of data from phones of the golfer, his father and others.

All parties had explained what had happened with their phones, he said.

“The conspiracy theory is just preposterous”, he said.

Mr Fanning said to suggest there was some sort of conspiracy was “an elaborate smokescreen designed to blacken the names of a number of people”.

An application by Rory McIlroy’s side for the defendants to quantify the amount of damages they are seeking in their counter-claim is also being heard by the court today.


Paul McGinley Leads Rio Golfers


Paul McGinley is set to lead Ireland’s golf team at the Rio 2016 Olympics.

McGinley, who was hailed for his performance as captain of Europe’s utterly dominant Ryder Cup-winning team this year, will lead the Irish charge as golf returns to the Olympics in two years time.

“It was a great honour for me over the last two years to represent Europe as captain and I am now delighted to have the opportunity to assist my country as team leader of the men’s and ladies Irish golf team at the Rio 2016 Olympic Games," McGinley said.

"I’m really looking forward to working with the Olympic Council of Ireland in the build-up to Rio over the next 18 months and representing our country at this phenomenal event.”

Olympic golf will be a 72-hole stroke play competition, with a field of 60. 

Qualification is based on the official world rankings, with the top 15 ranked players eligible, with a limit of limit of four players per country.

Outside of the top 15, players will be eligible based on the world rankings, with a maximum of two eligible players from each country that does not already have two or more players among the top-15.

World number one Rory McIlroy has declared his intention to play for Ireland in Rio and has praised McGinley’s tenure as Ryder Cup captain.

Based on the current ranking, Ireland's men's team would be McIlroy and Graeme McDowell, with Stephanie Meadow the Irish representative in the women's field.

Also named were Tom Reidy (badminton), Ike Jacob (canoeing), Jeffrey C McCready (clay pigeon shooting), Triona Connors (horse sport), Ciaran Ward (judo), Lindsey Weedon (modern pentathlon), Morten Espersen (rowing), Gillian McDarby (rugby sevens), James O'Callaghan (sailing) and Chris Kitchen (triathlon).

The leaders are "the person having the overall responsibility for that sport", the Olympic Council of Ireland said.



Horizon Claims Implausible - McIlroy


There is "not a shred of evidence" Rory McIlroy was involved in a conspiracy to plan his exit from a contract with his former sports management company, Dublin High Court has heard.

Counsel for the golfer said such a claim by a lawyer for Horizon Sports Management and two other companies was "inherently implausible".

Horizon Sports Management wants orders from court for further disclosure.

These include for documents and the inspection of electronic devices.

Mr McIlroy, who first signed the representation agreement in December 2011, signed a third agreement with Horizon in March of 2013.

That agreement was shortly afterwards repudiated by Mr McIlroy who then brought legal proceedings.

His counsel said Horizon's application to court for the right to forensically inspect the phones held by Mr McIlroy over a three-year period had effectively been dealt with during another hearing earlier this year seeking disclosure of documents.

This latest application was "dressed up" as seeking inspection of phones when it was in fact an application for further and better discovery of documents previously dealt with by Mr Justice Peter Kelly in July, counsel said.

Horizon has claimed Mr McIlroy and others close to him deliberately wiped data on their phones that could be relevant to the case.

Mr McIlroy is suing Dublin-based Horizon, along with Gurteen Ltd, with a registered address in Malta, and Canovan Management Services, also based in Dublin, claiming the representation agreement is unenforceable on grounds including alleged undue influence.

He claims he was just 22 at the time with no business experience and without the benefit of legal advice.

The defendants deny the claims and have counter-claimed for some US$3m allegedly outstanding under the agreement for off-course revenues.

Counsel for the defendants said at the opening of the hearing that the March 2013 agreement had barely been signed when Mr McIlroy had set up his own sports management company, Rory McIlroy Inc.

His personal assistant Sean O'Flaherty left Horizon to work for the new company as did Donal Casey who later became CEO of Rory McIlroy Inc.

It was part of Horizon's case that Mr McIlroy and a number of others were instrumental in bringing about the unlawful attempt to repudiate the contract, the counsel said.

Despite the existence of legal proceedings, Mr McIlroy, his father Gerry, Mr O'Flaherty and Mr Casey destroyed relevant data on their mobile phones by "factory resetting" them, counsel also said.

On the second day of the defendants' application to inspect those people's phones and seek better disclosure, the counsel for Mr McIlroy said the application was "wholly misplaced" and should be refused.

Mr McIlroy had done nothing wrong and Horizon's criticism of him was wholly misplaced.

It was criticism "made against a backdrop of an allegation of conspiracy that he planned his exit from Horizon for which there is not a shred of evidence", counsel said.

In reply, counsel also for the defendants, said there had been significant destruction of data and this was not an inference or speculative assertion.

The hearing continues.