Dentist agrees not to ‘spy’ on rival in ‘toxic’ dispute
A DENTIST locked in a ‘toxic’ dispute with a rival has agreed not to carry out ‘surveillance or monitoring’ for the next two months.
James Hiney is accused of spying on fellow dentist Michael Maguire with a ‘secret’ security camera in an alleged effort to ‘solicit’ new patients.
Mr Hiney claimed the camera was there to monitor his own staff after an alleged theft of money from the premises, a claim Mr Maguire doesn’t accept – and now a High Court judge has given them the rest of the summer to attempt to resolve their dispute.
In the meantime, Mr Hiney has undertaken not to ‘conduct surveillance or monitoring’ of Mr Maguire, the High Court heard. This is among the temporary ‘undertakings’ he must abide by until October 11 and his lawyers have stressed these were given ‘without prejudice’, meaning they do not mean Mr Hiney has admitted anything.
The pair operate their businesses from the same building in Mullingar, Co. Westmeath, but relations became ‘toxic’, leading to Mr Maguire’s legal action, the High Court heard.
He claims he and his staff were put under surveillance by Mr Hiney by way of a ‘secret’ security camera at the premises they share, and that Mr Hiney ran a marketing campaign, including texts, to ‘solicit’ his patients.
Even Mr Maguire’s wife, who is a patient of her husband, received messages from Mr Hiney’s practice, it was heard. This week, barrister Stephen Byrne, for Mr Maguire, told Judge Caroline Costello that both sides agreed to ‘attend mediation’ instead of starting a trial in the coming days, the Irish Daily Mail can reveal.
The judge had warned that litigation would be ‘potentially very damaging to all concerned’, and this week she gave them two months to resolve the dispute.
Mr Maguire is also seeking damages as part of his lawsuit, which he first lodged in May.
The pair had successfully run their respective dental practices from the building which they co-own, at Market Point, Mullingar, Co. Westmeath, for some years, the court heard.
Mr Maguire claims that as their relationship deteriorated, there were a range of issues between the two men, ranging from petty complaints to serious allegations of criminal behaviour. He claims Mr Hiney has made various allegations against him, including of assault, defamation, harassment and vandalism. Mr Maguire does not accept those allegations.
He also claims that, without his consent, security cameras were installed in the building and that, last April, members of his staff noticed a cavity in a false ceiling above the reception – and the hole had a secret camera, wiring and a microphone, the court heard. This had been reported to gardaí, Mr Byrne told the court.
It’s claimed that activities of Mr Maguire’s staff and patients, personal files and patient data were captured by the camera.