The Irish Golf Club Gazette: Australian Open

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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.

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.

12/10/2014

McIlroy Claims Second Golf Writers

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European golfers had such a banner year in the big events that their winning Ryder Cup team -- normally the story of the year in golf -- finished third in media voting for the Golf Writers Trophy.

The British-based Association of Golf Writers voted Rory McIlroy as the winner for the second time in three years. McIlroy was the overwhelming choice after winning two majors (the British Open and PGA Championship), a World Golf Championship and the BMW PGA Championship at Wentworth.

The Golf Writers Trophy is awarded to the European who has made the most outstanding contribution to the sport.

Martin Kaymer was runner-up after his wire-to-wire, eight-shot victory in the U.S. Open at Pinehurst, along with his victory in The Players Championship.

The Ryder Cup team, which had an easy time beating the United States at Gleneagles, finished third.

12/09/2014

McIlroy Devices in Dublin Discovery

The High Court in Dublin has been told that golfer Rory McIlroy deliberately wiped clean up to eight mobile phone and electronic devices, even though they may have contained important information relating to his legal action against his former sports management company.

Lawyers for Horizon Sports Management and two other companies said the "factory resetting" of devices was also done to devices belonging to three other key figures in the case, including Mr McIlroy's father Gerry.

Senior Counsel Paul Sreenan said this resetting was "incredible" for a person in Mr McIlroy's position.

Horizon wants orders from the court for further disclosure of documents and inspection of electronic devices.

Mr Sreenan said his clients had to bring the application because Mr McIlroy had refused or failed to respond to requests for better disclosure.

He said Rory McIlroy and three others close to him had also wiped their devices before passing them on to others or to charity.

Mr McIlroy is suing Horizon, along with Gurteen Ltd, with a registered address in Malta, and Canovan Management Services, also based in Dublin, claiming a representation agreement signed by him in December 2011 is invalid and unenforceable on a number of grounds including alleged undue influence.

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

Mr Sreenan said Mr McIlroy had given no satisfactory explanation for the destruction of electronic data on his devices.

He said if his side's experts gets the devices, it may be possible to recover some of the information sought or other information of assistance to the case.

He said it was a very serious matter for the administration of justice where someone involved in court proceedings had failed to preserve material, he said.

Mr McIlroy had initially claimed he changed his devices regularly because of his "transient lifestyle".

But today he had stated he changed them to avoid phone calls from journalists, the court was told.

The defendants believe he could not have changed phones and devices without backing up data and conversations because it would mean, for instance, ongoing conversations about who would be on the Ryder Cup team would be wiped.

Earlier, Mr Sreenan said difficulties over the December 2011 agreement arose "when the ink was barely dry", counsel said.

Mr McIlroy had set up his own company called "Rory McIlroy Inc" essentially to manage himself which was resisted by Horizon.

Around the same time, key figures who had worked for Horizon, including Mr McIlroy's personal assistant and a consultant, started working for the golfer's new firm, counsel said.

Mr Sreenan said the amount of lost commission to his clients is now estimated at $9m.

Mr McIlroy, in his claim, says Horizon charged commission "many times greater" than is standard in the sports agency industry including one agreement in which he must pay 20% of his sponsorship and 15% if the contract is renewed after 2017.

He also alleges Horizon is not entitled to be paid certain fees into the future related to his $20m a year sponsorship deal with sportswear giant Nike.

He says he has paid more than $6.8m to Horizon based on commission rates of some 5% on his pre-tax on-course earnings and 20% for off-course.

This agreement was entered into when he was 22, with little business expertise and without the benefit of legal advice, he says.

11/30/2014

G''Day for Spieth as McIlroy Slips

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Rory McIlroy signed for a final round 72 and had to settle for fifteenth place at the Emirates Australian Open Golf in Sydney on Sunday. The costly battle with the fescue grass on Saturday the damage on his card and leaving him well out of contention after he finished with a 76.

Jordan Spieth played the best round of an already impressive career with an 8-under 63 on Sunday to win the Australian Open by six strokes, making his first trip Down Under a successful one.

Spieth's 72-hole total of 13-under 271 on the tough, windy Australian Golf Club made him the first American to win the Australian Open since Brad Faxon in 1993, when the 21-year-old Spieth was four months old.

"It's the best round I have ever played, especially considering the conditions," Spieth said. "It was just kind of one of those rounds when you're in the zone and you're not sure what you're at. It's nice that it came on a Sunday."

Spieth birdied four holes on the front nine -- three of them in a row -- to lead by three strokes after nine holes, then made light of the challenging, windy conditions by adding four more on the back nine, never threatening to lose his lead.

"You don't want any kind of crack in the door to be open and I felt like we kept it shut from the front nine on," Spieth said.

Spieth's score was a record for the revamped Jack Nicklaus-designed layout which was being played as a par 71 for the first time. On Friday, Jamie Lovemarkof the United States shot 65.

Adam Scott shot 71 and finished fifth, nine strokes behind. Defending champion Rory McIlroy, who shot 76 on Saturday, finished with a 72 and was 2-over, 15 strokes behind Spieth.

Three Australians who finished closest to Spieth earned trips to next July's British Open. The Australian Open is the first qualifying tournament for the 2015 Open Championship and offers three spots to the top finishers not already exempt.

Rod Pampling shot 68 to finish second, while former two-time Australian Open champion Greg Chalmers (71) and Brett Rumford (70) were third and fourth, respectively. All three will play at St. Andrews next year.

Gusty northeasterly breezes played havoc all week with scores, and only eight players finished under par.

Chalmers and Spieth were tied for the lead at 6-under after four holes, but Spieth birdied the par-5 fifth where Chalmers made bogey for a two-shot swing. The American also birdied the sixth and seventh holes, made a fine par save on the ninth, then did the same on the 10th from about five feet, pumping his fist as he edged closer to the title and the Stonehaven Cup trophy.

It was Spieth's first win of 2014, and second of his pro career -- he won on the John Deere Classic in a playoff on the PGA Tour in 2013. Although he hadn't won this year, he was runner-up in the Masters and had eight top-10 finishes in 24 PGA tournaments.

He was reminded that last year's Australian Open win by McIlroy was his only victory that year, and the Northern Irishman went on to win two majors and have an outstanding 2014.

"If I had the follow-up year that Rory had this year, I'd be pleased this time next year," Spieth said.

McIlroy's 76 all but ended the defense of the title he memorably won in 2014 with a birdie on the last hole to deny Scott the Australian Triple Crown.

"It's been tough all weekend," McIlroy said. "I was trying to get something going but with the pin positions and the wind, it was just very hard to get the ball close to the hole. It just wasn't meant to be this year."

There were tributes around the golf course Saturday and Sunday for Australian cricketer Phillip Hughes, who died Thursday after being hit by a ball during a match at the nearby Sydney Cricket Ground.

The number 63 was used in many of them, as that was the number of runs Hughes had scored before he was fatally injured. Spieth provided the final reminder -- and an unintentional tribute -- by finishing with a round of 63.

11/29/2014

McIlroy Defence Suffers in Sydney

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Rory McIlroy's defence of his Emirates Australian Open title - to join Jack Nicklaus, Gary Player and Greg Norman as the only players to win back-to-back opens - took a enormous jolt today after a round of 76.

The Northern Irishman, who was tied at the top of the leaderboard with Rod Pampling, American Jordan Spieth, Brett Rumford and Greg Chalmers as he played the ninth of the third round, blocked his drive in the thick fescue grass on the right side of the fairway.

He could have declared his ball unplayable, but he attempted the possible of a challenge that looked impossible.

An enormous swipe at the ball failed to dislodge, in fact, it became even deeper in the mulga.

Then, he finally took his medicine and took a two club-length penalty drop. It didn’t give him full relief off the wood chip surround of the fescue but he got it back into play.

So, four shots (one a penalty) already played.

His next shot, a wedge from 60 metres, found the green about six metres from the pin. He two-putted for a triple bogey seven.

Suddenly, inexplicably, he was three shots off the lead. It is understood rules officials will review the incident before a triple bogey is confirmed.

Scott picked up two shots on the front nine to be four-under-par for the championship, just one behind Spieth and Pampling, who holed out for a spectacular eagle two at the par-4 10th.

Spieth collected back-to-back birdies early in his round to lead for much of his front nine before Pampling joined him with his pinpoint wedge.

After starting moving day three behind Chalmers, Scott bookended his front nine with birdies to close to within one of the lead, while McIlroy was slower to get going.

The defending champion was unable to get up and down after hitting over the green on the tough par-3 fourth hole, but bounced back with a birdie on the par-4 fifth after almost holing his sand shot for an eagle.

Conditions at The Australian Golf Club were more difficult on Saturday, with blustery winds proving troublesome.

The biggest movers came from the morning wave, with Daniel Nisbet charging up the leaderboard into equal 12th position at even par for the championship with a bogey-free four-under 67.

11/28/2014

McIlroy Stays In Mix Down Under

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Rory McIlroy stayed bang in contention and Adam Scott made a big move on the second day of the Emirates Australian Open.

McIlroy sits tied for second behind halfway leader Greg Chalmers at The Australian Golf Club in Sydney but it was Scott who made the headlines after a poor start to the tournament on Thursday.

The world No 3 carded three birdies and an eagle in his round of 66 and that was enough to move him into a tie for ninth, just three shots off the pace being set by left-hander Chalmers.

"Yesterday I got off to a bad start, and I didn't scramble well when I had to and it started to get away from me," Scott said. "Today a couple of good shots coming up 14 and I made an eagle and momentum is on your side."

Chalmers, a dual winner of the event, also shot a second-round 66 which mixed in a couple of dropped shots with seven birdies and was just one worse than the best round of the day, a 65 from American Jamie Lovemark.

McIlroy played in tougher conditions in the afternoon group, and he had more than his share of problems in shooting a topsy-turvy round of 69.

The Open champion had three bogeys in his first seven holes and dropped three more shots on the way back to the clubhouse, but three birdies and an eagle in his last five saved the day.

"I felt like I had an opportunity today to maybe shoot a good one and put a little bit of space between myself and the rest of the field, but it didn't really pan out that way," said McIlroy, who twice found the water on his way around.

He sits in a four-way tie for second on four-under alongside Australia's Adam Crawford, Conrad Shindler from the Unitd States and home amateur Todd Sinnott, who was one of the day's stars with a round of 67.

First-round leader Jordan Spieth, who was in the same group as Scott, failed to take advantage of the better scoring conditions in a round of 72 that leaves him in a tie for sixth, one shot ahead of his playing partner - he had four bogeys and only saved his day with birdies at his final two holes.

"It was a struggle, big-time struggle," Spieth said. "I wasn't hitting it well. If I wasn't putting well I may have shot 45 on the back nine."

11/27/2014

McIlroy Opens in Sydney 2 Under

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Rory McIlroy's defense of his Australian Open title began with a 2-under 69 on a cool, overcast and often drizzly morning at The Australian Golf Club.

McIlroy, winner of back-to-back majors this year at the the Open Championship and PGA Championship, began play on the back nine and made the turn at even-par after a birdie and a bogey. He birdied the first hole of his second nine, added another at the par-5 fifth, but made bogey on the seventh.

He finished strongly, hitting his approach on the ninth to less than 2 feet and making an easy birdie. McIlroy was a stroke behind Australian Aron Price, who was the best of the morning groupings with a 68.

It was a day that almost made him feel at home, McIlroy said.

"It was cold, windy and a little bit of rain here and there," explained the Northern Irishman. "When I think of playing golf in Australia, it's not the kind of day I expected."

McIlroy said the wind was tricky and predicted it could get tougher for the afternoon starters.

"The wind was up early on, then it died, then got up again," he said.

McIlroy missed a 10-foot putt for birdie on the 12th hole -- his third of the day after starting on the back nine -- and fought to save par on the 13th after putting his approach through the green.

He birdied the short par-5 14th after a bunker shot to three feet, but gave the shot back on the next hole after a poor shot out of the sand on the par-3 15th on the revamped Jack Nicklaus layout.

"Three birdies on the back nine, a nice one at the end," he said. "I'll take anything in the 60s. I thought was a good score and puts me right there for tomorrow."

Adam Scott, who finished second in last year's tournament at Royal Sydney when McIlroy birdied the 18th hole of the final round, was in an afternoon group that included American Jordan Spieth.

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