Staff told to hand over devices in O’Brien case

A judge has ordered various executives and staff of the Dublin-based Red Flag consulting firm being sued by billionaire businessman Denis O’Brien over alleged conspiracy to damage him to hand over for “forensic imaging” any personal computers and devices used by them for work purposes.

The order allows digital forensic experts photograph material on the equipment pending a ruling whether that material can be inspected for use in Mr O’Brien’s action against Red Flag and various executives and staff, alleging defamation and conspiracy.

Mr Justice Colm Mac Eochaidh said the order 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. Mr O’Brien claims material is largely unfavourable to him and he believes Red Flag was involved in putting it together for an unnamed client.

The judge said the case involves, “at its simplest”, a “smoking gun” which came into the possession of Mr O’Brien and which he says contained material about him that is evidence of a conspiracy to harm him.

The judge’s order means Red Flag chairman Seamus Conboy, chief executive Karl Brophy, non-executive director Gavin O’Reilly, and two staff members must provide for forensic imaging any personal computers, laptops, phones, and other devices they use for work purposes.

Other staff members who say they have not used their work or personal devices in connection with the dossier must provide sworn statements to that effect.