Brazilian judge rejects Kevin Mallon bid

A supreme court judge in Brazil has dismissed a request to suspend the court hearing of Kevin Mallon, the THG executive arrested on the eve of the Olympic Games in Rio de Janeiro last year.

Both Kevin Mallon and former OCI president Pat Hickey are due to appear in court at the end of November in Rio de Janeiro.

Franklin Gomes, Mr Mallon’s Sao Paulo-based lawyer had asked the supreme court in Brasilia to null last year’s decision by a Rio de Janeiro court to accept charges against the Dublin man, claiming “evident illegal duress”; that the local court had “ratified the receipt of the charges without addressing any of the defence arguments”.

According to court documents, Mr Franklin asked the court to concede “an injunction to suspend the audience of instruction and judgement designated for 29/11/17, and, by merit, for the nulling of the decision to receive the charges offered against the plaintiff”.

These requests were denied in a decision published last week by Justice Dantos Ribeiro of Brazil’s Federal Supreme Court, who said that a habeas corpus action is not the appropriate course of action in this case.

In August, Mr Gomes reported having met Justice Ribeiro in Brasilia. At the time, he said the judge was “extremely attentive” and “sensitive” to arguments that the case against Mr Mallon should be shelved indefinitely, or referred back to the local court, with an order to give “full consideration to all of the facts.”

Earlier this month, a Rio court also denied a habeas corpus action taken on Mr Mallon’s behalf. Mr Gomes brought a case against the Rio de Janeiro Special Court for Supporters and Large Events, which had jurisdiction during the Olympics last year, while regular courts were in recess. He claimed that there had been no production of evidence against his client, which compromised his ability to adequately defend himself in the Brazilian legal system. The action was dismissed.

Kevin Mallon and Pat Hickey both signed contracts agreeing to appear in Brazil if and when requested to do so as part of the ongoing legal process, as part of their negotiations to leave Brazil late last year.

Both men also paid a monetary bond to the courts, to guarantee this agreement. Mr Hickey paid R$1.5m (around €240k at the time), while his former cellmate, Mr Mallon, paid half of that amount.

Under Brazilian law, once a legal case is complete, and the plaintiff is absolved, this money is returned, after “monetary adjustments”.

If there is a sentence with a fine, the money is automatically used for the payment of any fines arising, with any remaining money returned.

The bond payment is retained if a plaintiff does not appear in court when intimated by the courts, if they obstruct the ongoing legal process, or if they commit further crimes.

The Brazil-based lawyers of Kevin Mallon and of Pat Hickey were not available for comment.