McIlroy ‘wiped clean’ eight mobile phones

Court told devices were restored to factory settings as Horizon claims they may have held vital material

Golfer Rory McIlroy deliberately “wiped clean” up to eight mobile phones despite the fact they may have contained important information relating to his legal action against his former sports management company, it was claimed yesterday.

This “factory resetting” of phones, which it is claimed was also done to devices of three other key figures in the case, including Mr McIlroy’s father, Gerry, seemed “incredible for a person in his position”, senior counsel Paul Sreenan said.

Mr Sreenan was opening a High Court application by Dublin-based Horizon Sports Management and two other companies, seeking orders for further disclosure of documents and inspection of the phones of Mr McIlroy and others in advance of the hearing of the golfer’s legal action and the defendants’ counter-claim.

Mr Sreenan said his clients had to bring the application because Mr McIlroy had failed to respond to requests for disclosure of material on phones he had between 2011 to 2014, including upgrades to the latest iPhone model.

Mr McIlroy, in an affidavit sworn in Palm Beach, Florida, on Monday night, said he has already provided significant amount of detail for the case in compliance with a previous court order.

He said he had not been advised it was necessary to back up material before factory resetting his phones, which he changed regularly to have the most up-to-date model.

He used the internet-based iCloud storage system to transfer material from one phone to another but he factory reset the phones before changing them to preserve his privacy and to avoid unsolicited calls from journalists.

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 grounds including alleged undue influence.

The defendants deny the claims and counter-claim for about $3m (€2.4m) allegedly outstanding under the agreement for off-course revenues.

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

Mr McIlroy, in his action, 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.

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

The defendants say he freely entered the agreement.

The defendants also seek material from phones held by Donal Casey, former Horizon consultant and now CEO of the golfer’s own management company “Rory McIlroy Inc”, the golfer’s personal assistant, Sean O’Flaherty, and Mr McIlroy’s father.

“It is beyond dispute, in our submission, that data has been deliberately destroyed,” counsel said.

Michael Cush SC, for Mr McIlroy, said he wanted to make it clear his client had done nothing wrong.

The case continues before Mr Justice Raymond Fullam.