Red Flag worker drops 'stay' bid on phone ruling
Published 15/01/2016 | 02:30
An application for a stay on an order allowing forensic imaging of material on a phone and personal devices used for work by an employee of a consulting firm being sued by businessman Denis O'Brien has been resolved, the Court of Appeal heard.
Red Flag account manager Brid Murphy had sought a stay, pending appeal, on the imaging order after the High Court refused to grant a stay.
The matter was briefly mentioned on Thursday before the President of the Court of Appeal, Mr Justice Sean Ryan, who was told the stay application had been "resolved" and could be struck out. No details of the terms of the resolution were given.
Ms Murphy's full appeal against the imaging order remains fixed for hearing on October 17 next.
At the High Court last November, Mr Justice Colm MacEochaidh ordered various executives and staff of Red Flag to hand over for "forensic imaging" any personal computers and devices used by them for work purposes.
The orders were made against Red Flag, its CEO Karl Brophy, Seamus Conboy, Gavin O'Reilly, Brid Murphy and Kevin Hiney.
The order allowed digital forensic experts photograph material on the equipment pending a ruling whether material can be inspected for use in Mr O'Brien's action against Red Flag and various of its executives and staff alleging defamation and conspiracy.
No date for the hearing of that action has been set but it is due before the High Court later this law term for case management purposes.
When making the imaging order, Mr Justice MacEochaidh said it would balance the rights to privacy of the individuals and Mr O'Brien's right to establish the "fingerprints" on a dossier of material sent to him anonymously last October.
Mr O'Brien claims that material is largely unfavourable to him and he believes Red Flag was involved in putting it together for an unnamed client.
He claims the material is evidence of a conspiracy to harm him.