A court in Rio de Janeiro has granted that Irish man Kevin Mallon can have his passport back, on the same conditions as those laid down for former Olympic Council of Ireland (OCI) president Pat Hickey last week.
Mr Mallon must pay a bond of 1.5 million Brazilian reals (€410,000) and commit to full compliance with the ongoing legal process, including a return to Brazil, as required.
The two men were arrested in Rio de Janeiro during the Olympic Games in August, amid accusations of ticket touting, and both have remained in Brazil since then. Their passports remain with Rio officials, preventing their return to Ireland.
Last Wednesday evening, Justice Juliana Leal de Melo, presiding judge at Rio’s special court for supporters and large events, which had jurisdiction during the Olympics, decided that Mr Hickey’s passport could be returned, on medical grounds.
Late Tuesday night, Justice Silvia Regina Portes Criscuolo, who is temporarily sitting at the special court, said the same bond and conditions could be awarded to Mr Mallon. She cited an earlier decision made by another judge,Leal de Melo, to that effect.
On the courts website, two separate decisions were published last week, both naming Mr Hickey.
‘Material error’
Judge Criscuolo said on Tuesday night that there was a “material error”, and that the second decision – published on Thursday – should have referred to Mr Mallon, awarding him the same bond and conditions as those granted to Mr Hickey the previous day.
Franklin Gomes, Mr Mallon’s São Paulo-based lawyer, said the bond amount was “very high”, considering that his client was “just a staff member [of THG sports]”.
He said bond amounts should “depend on the reality on those accused”.
He said Mr Hickey’s case was different, as he was “president of the Olympic Committee of Ireland, and has links to the International Olympic Committee.”
In Brazil, bond amounts are calculated depending on the gravity of the alleged crime. If the potential sentence for combined charges is less than four years, the bail amount can be calculated as between one and 100 times the minimum wage (880 Brazilian reals a month). If a possible sentence exceeds four years, then the amount required by the court can extend up to 200 times the minimum salary.
Mr Gomes will ask the court to consider other alternatives to the payment of a bond of 1.5 million Brazilian reals. “Kevin doesn’t have access to resources like that. We will try to work with other alternatives.”
