INM-ODCE court papers handed over to interested parties

VARIOUS parties caught up in the controversies engulfing Independent News & Media (INM) have been given access to court papers.

Documents were released yesterday evening after their disclosure was approved by the High Court earlier this week.

The papers relate to an application by the Office of the Director of Corporate Enforcement (ODCE) to have inspectors appointed to investigate a range of corporate governance issues at INM.

Most of those granted access are people whose names are feared to have been searched for during a so-called data “interrogation” in 2014.

The ODCE has alleged the interrogation was directed by then INM chairman Leslie Buckley and conducted by security specialist John Henry.

It alleges INM’s IT back-up tapes were accessed by at least six companies external to INM during the process.

Invoices associated with the exercise were discharged by a company beneficially owned by Denis O’Brien, INM’s largest single shareholder and a longterm business associate of Mr Buckley.

Mr Buckley has pledged to robustly defend his position, while Mr O’Brien has yet to comment. The court papers include an affidavit filed by ODCE director Ian Drennan, two additional ODCE affidavits, accompanying exhibits, and 12 responding affidavits filed by INM.

While the ODCE affidavits set out a range of serious allegations, it is understood INM’s responses argue that the appointment of inspectors would be disproportionate, procedurally flawed and would significantly damage the company.

It is also understood INM has claimed the information sought by the ODCE is held by third parties.

Twelve different parties sought access to the court papers. They are:

Helen Dixon

The Data Protection Commissioner has been given access to court papers related to the suspected data breach. Her office plans to investigate the matter.

Robert Pitt

The former INM chief executive is being given access to all of the court papers, except for a small number of exhibits.

Mr Pitt learned in May 2015 that access to INM’s servers had been given to a third-party company.

He made a protected disclosure about this to the ODCE in August 2017.

He had already made pro- tected disclosures about other matters, including a proposed deal for INM to buy Newstalk, in November 2016.

Ryan Preston

INM’s chief financial officer previously applied for access to various court papers, but the High Court heard this week he was now corresponding with the company in relation to the issue.

He made a protected disclosure to INM in December 2016 about the Newstalk deal.

Leslie Buckley

The High Court heard Mr Buckley would get most of the court papers.

Sam Smyth

The former Irish Independent investigative journalist’s name appeared on a list of 19 “persons of interest” whose data is feared to have been “interrogated”.

In common with other suspected data breach victims, High Court approval was given for him to receive a 66-page extract from Mr Drennan’s affidavit, relevant exhibits and extracts from INM affidavits relating to the suspected data breach.

Joe Webb

The former INM Ireland chief executive also appeared on the list of 19 “persons of interest”. Text messages sent to Mr Buckley by Mr Henry suggest almost 40,000 of Mr Webb’s emails, dating back to 1999, may have been sourced.

Red Flag Consulting, Gavin O’Reilly, Karl Brophy and Mandy Scott

Mr Brophy, former INM director of corporate affairs, and Ms Scott, a former PA at INM, also appear on the list of 19.

Mr O’Reilly, a former INM chief executive, does not. However, his emails were handled by Ms Scott when he was at INM.

All are now with public relations firm Red Flag, where Mr O’Reilly is chairman, Mr Brophy is chief executive and Ms Scott is executive office manager.

Red Flag, Mr Brophy and Mr O’Reilly are being sued by Mr O’Brien for defamation and conspiracy arising from the creation and circulation of a dossier about the businessman.

Andrew Donagher

The former INM company secretary told the High Court he had been informed by INM his name was on the list of 19.

Simon McAleese

The solicitor formerly provided legal services for INM publications.

According to Mr Drennan’s affidavit, Mr Buckley claimed he ordered the data interrogation as he was seeking information about Mr McAleese’s contract.