Judge satisfied with letter from law firm explaining 'no knowledge' of surveillance
Mr Justice Cregan had asked that his concerns should be addressed in relation to a letter written by Hayes Solicitors LLP, on behalf of its client global HR firm Deel Inc, saying they had no knowledge of the identities behind the registrations of two cars which had allegedly been following payroll manager Keith O'Brien to and from his home in Balrothery, north Dublin.
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Mr O'Brien, who was employed in Dublin by Deel rival Rippling, admitted being paid €5,500 a month by Deel in return for trade secrets of his employer. He later apologised for the espionage and began cooperating with Rippling when it sued him, Deel and others.
As a result, Rippling is not seeking any reliefs against him.
Mr O'Brien brought his own proceedings alleging intimidation and harassment from surveillance by what were initially only "persons unknown" who were drivers/owners of two cars seen allegedly following him.
Later, private investigation firms of Mark Murran, also known as Rock Investigations and Security, and Cliona Woods, trading as Gotham Services, became the defendants. They strongly deny any overt surveillance or claims of harassment and intimidation.
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The Hayes letter on behalf of Deel denying knowledge of surveillance by two particular cars was sent in reply to a pre-litigation letter sent by Mr O'Brien's solicitor seeking that the surveillance should stop.
During hearings before Mr Justice Cregan, he expressed his concern at the content of the Hayes letter, at one point saying it was either "a blatant lie or misrepresentation". This was after Deel had revealed it had commissioned "discreet" surveillance, and Hayes accepted the letter was incorrect but true at the time, according to the instructions it received.
On Thursday, the judge said he had been unfair to Hayes but believed the matter could be resolved by Hayes simply writing another letter correcting the record.
On Friday, Michael Cush SC, for Hayes, said his side had taken up the judge's suggestion and written the letter. Mr Cush said the letter explained Hayes had no independent knowledge that Deel had ordered surveillance, but once it informed the firm it had, it was brought to the attention of the court.
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Mr Cush said he hoped the letter had the effect of satisfying the court and that Hayes at all times acted with absolute professionalism and integrity.
The judge thanked Mr Cush for going to that trouble to resolve his concerns.
Declan McGrath SC, for Deel, said from his client's perspective, an affidavit had been sworn by Jerome Soine, CEO of a Germany-based security firm, ISN International Security Network, apologising for what happened.
Mr Soine said on making enquiries, his company was not aware of the identities of the car owners/drivers or that anyone had been retained by Ms Woods. Therefore, ISN told Deel they had not engaged the people using these particular vehicles.
However, it subsequently transpired, following further information from Ms Woods, that one of the vehicles - the other was completely innocent and not involved in any surveillance - was involved.
Mr Soine regretted he did not tell Deel sooner and apologised on behalf of ISN.
Mr Justice Cregan said he thought that now resolved the matter.
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