Gavin Pepper agrees to abide by certain orders but denies filming finance firm boss's son
Cllr Pepper, an independent who was elected in the Ballymun/Finglas area, has denied he shot footage for social media outside Pepper managing director Ian Wigglesworth's west Dublin home or of the businessman's son, who has special needs.
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He told the court he and his partner have a child with special needs themselves and had every sympathy with someone in the same situation.
He also said that when he was outside the Wigglesworth home, he did not engage with Mr Wigglesworth's son, and it was the child who approached him while he was talking on the phone to his partner.
On Tuesday, Mr Wigglesworth and Pepper were granted an interim injunction preventing the councillor from attending the Wigglesworth home or filming and watching him and his family or from publishing home addresses of Pepper employees.
That application was made ex parte - meaning only the Wigglesworth/Pepper side was represented - and on Thursday Mr Pepper appeared himself, saying he wished to be given time to get legal representation.
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Cllr Pepper, who is also a taxi driver, of Plunkett Green, Finglas, Dublin, was also required to remove social media posts which contain footage of videoing which took place outside Mr Wigglesworth's home.
Brian Conroy SC, for Mr Wigglesworth and Pepper Finance, said Cllr Pepper has a well-established association with the far right and social media posts promoting far-right ideas.
Mr Conroy said that while Mr Pepper had since Tuesday agreed to some of the orders, he did not seem prepared to delete certain social media posts or not attend homes of other Pepper employees.
Cllr Pepper told Mr Justice Brian Cregan he was prepared to comply with most of the orders made on Tuesday, but he said a number of allegations had been made against him which were not true, including that he had recorded the Wigglesworth family.
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However, certain orders now sought in relation to deleting posts would interfere with his role as a democratically elected representative and his constitutional right to free speech. He needed time to get legal representation, he said.
Mr Conroy said his side was particularly concerned in relation to certain posts already up in relation to Mr Wigglesworth and his family.
These and other posts were clearly threatening and crossed the line in relation to freedom of expression, counsel said.
His claims about Mr Wigglesworth's son "rang hollow" when there was one video in which Cllr Pepper is clearly outside the Wigglesworth home and there is clear identification of a minor who is a member of that family.
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Asked by the judge if he was prepared to abide by the order not to attend outside the homes of other Pepper employees, he said he was.
Asked if he was prepared to take down four specific posts, Cllr Pepper said he wanted time to challenge it "because they are making out that I am a bad guy". He did not believe "anything I said was defamation".
The judge said he had an absolute right to express any 'understandable grievances about vulture funds", but the business was saying some of the posts clearly crossed the line. Pepper Finance Corporation do not think they can be called a vulture fund, the court heard.
Cllr Pepper agreed to a suggestion by the judge that he would take down the posts until the case returns before the court in October, when he will also have a chance to get a solicitor to argue his case in that respect.
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He also said he did not accept that he was some sort of bad person, and he thought looking for extra orders in this way was unfair before he got representation. The judge said he would have the opportunity to address what he felt was tarnishing his name and an unfair portrayal of him so far when he swears an affidavit.
The judge said he would make an order in relation to taking four posts of June 12, July 24, 25 and 27 within seven days of making the order.
He also made similar orders on Tuesday in relation to other Pepper employees. The orders must be complied with within seven days of them being formally made.
He also gave both sides liberty to apply to the vacation courts should anything arise between now and October.
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