Injunction Delays Hickey Trial

(ATR) Patrick Hickey may not testify in Brazil later this month as his trial is reportedly on hold.

A court in Brasilia issued an injunction on behalf of the lawyer for Kevin Mallon delaying the trial, according to a report in the Irish Times. Mallon’s lawyer argued that evidence had not been presented by the Rio de Janeiro prosecution, meaning a proper defense could not be formed.

Around the Rings contacted the prosecutor on the case Marcos Kac about the injunction. He was unaware about the injunction being granted in Brasilia or the reasons it would be pursued.

Mallon, an executive at THG, was arrested along with former Olympic Council of Ireland President Patrick Hickey during the Rio 2016 Olympics. Hickey and Mallon were charged with ticket touting, forming a cartel, and illegally marketing the Rio Olympics as part of a larger ticketing scheme.

After his arrest Hickey self-suspended himself from his Olympic family roles. The only positions Hickey could return to after the trial would be his IOC membership.

The injunction was reportedly issued by the Supreme Court in Brasilia in favor of Mallon, but "extends to all of the accused in this process". The court first granted the injunction on Nov. 9 before confirming days later that the injunction extended beyond just Mallon.

Mallon’s lawyers had filed numerous injunctions with the Federal Supreme Court in an attempt to halt the trial.

"This decision is extremely important because it prevents decisions and measures at first instance, which are against Kevin's rights, taken," Franklin Gomes, Mallon's lawyer, said to ATR. "It is a victory in favor of legality, against the arbitrariness that were - and continued - taking place in the case."

Gomes says there is "still many steps to be taken," on behalf of his client in the justice system, and believes the case will be thrown out because "the prosecution did not obey legal procedures."

"We believe that at the end there will be absolution, because there is no evidence against Kevin," Gomes said.

Kac said the complaints leading to the injunction were "[Gomes'] problems, not mine". When asked if he would appeal the decision of the injunction Kac said, "it is not for me to go before the courts in Brasilia."

Hickey and Mallon were expected to testify on Nov. 29 for the trial, which would include evidence from both the prosecution and defense. It was unclear to begin with if Hickey would travel to Brazil or testify by video link. Now, it is less clear if or when Hickey or Mallon will testify at all, as no timelines were reportedly given for when the injunction will be resolved. Originally international reports said a decision could have come by February of next year.

Written by Aaron Bauer

25 Years at #1: Your best source of news about the Olympics is AroundTheRings.com, for subscribers only.