Almost three months after his arrest in Rio de Janeiro on charges of illegal ticket-touting the news that Pat Hickey’s passport could be be returned to him was greeted, according to a source who first informed him, with a mixture between the “ecstatic” and “disbelief”.
Indeed, the news broke before Hickey himself had any inkling of it, part of the surprise being it came not from the Special Court in Rio de Janeiro, to which his legal team had first presented the request for his passport to be returned, but rather from the lower Special Court for Supporter and Large Events in Rio de Janeiro. The latter had been given special jurisdiction during the 2016 Olympic and Paralympic Games.
The passport decision was carried first by Brazilian media, then by Irish media – before Hickey or indeed his legal team were made aware of it.
The ruling came from Justice Juliana Leal de Melo, who agreed Hickey’s passport be returned “to treat a health problem”, even as he still faced charges of ticket touting related to his arrest in Rio on August 17th. It was at that point he stepped aside from his position as president of the Olympic Council of Ireland (OCI) He had held the position since 1989.
In her deliberation, the judge also noted Hickey “has no links with Brazil” and while there was a risk he may not return to Brazil, “this needed to be balanced with health concerns”.
It may take some time before Hickey’s passport is handed over to him. Other members of the Olympic Council of Ireland (OCI), whose passports were temporarily seized during the investigation that followed the initial Rio ticket-touting allegations had to wait up to 21 days before they were returned. It is expected it could be 15 days at least before Hickey actually gets to return home.
Given his health issues and the protracted legal issues, the question now arises as to whether Hickey will ever return to Rio to face those charges, if, or when, a court date is set. He has claimed there was “no substantive proof of any wrongdoing on my part”.
He has actually been in Brazil since late July, in advance of the Games opening on August 5th. He was arrested on the morning of August 17th when Brazilian police knocked on his door at the five-star Winsdor Marapendi Hotel in Rio. Then after spending 11 days and night locked up at Rio’s notorious Bangu prisonhe was released, partly due to his “critical health”. He had shared a cell with fellow Irish man Kevin Mallon who was accused of illegally reselling tickets for the Olympics.
‘Illicit marketing’
On September 10th, a Rio judge accepted the charges filed by prosecutors against Hickey, of “facilitating ticket-touting, formation of a cartel and ambush or illicit marketing”. If found guilty, Hickey could be facing up to seven years in jail, although it is rare for someone to serve a custodial sentence for such offences in Brazil.
It was also indicatedthat it could be up to 18 months before a court hearing took place.
Last month, lawyers representing Hickey first petitioned for his passport to be returned on medical grounds. Arthur Lavigne, senior counsel on his legal team, said then that they asked for his passport to be returned so “he can travel to his homeland”, citing his age, 71, and his separation from his family.
Following that, his family also issued a lengthy statement adding their calls for his release home on medical grounds, indicating he is suffering an atrial fibrillation, and it “is our solemn wish that our dad and grandfather is allowed back to Ireland to receive urgent medical treatment for his heart condition. This, above all else, is our priority”.
Last week, calls for Hickey’s passport to be returned on medical grounds reached the top of the International Olympic Committee (IOC), with IOC president Thomas Bach saying “for us, it is very clear that the presumption of innocence prevails” and “that hopefully he can have his treatment and surgery in Ireland”.
Bach’s comments follow last month’s general assembly of the European Olympic Committee (EOC), which voiced its “concern and outrage” at both his treatment by the Brazilian authorities and lack of intervention by the Irish Government.
Acting EOC president Janez Kocijanèiè said: “We have studied the allegations against Patrick Hickey and from what we know he is not guilty of any criminal offence.”
Influence
It is unclear what if any influence this calls had on the decision of Justice de Melo. Over the weekend there were similar calls from the meeting of the Association of National Olympic Committees in Doha.
Still, the news of Hickey’s pending return also comes against an increasingly divided OCI, with spiralling legal and expenditure costs related to the Rio ticketing scandal now expected to exceed €750,000.
Earlier this month, a letter signed by OCI general secretary Dermot Henihan and circulated to all of the 36 Irish sports federations affiliated with the OCI, clearly suggested the brunt of that responsibility was with the three-person crisis management committee.
The committee strongly rejected that suggestion. It is also unclear if Hickey will return as OCI president.
Since his release on bail, Hickey has been staying in an apartment in Rio paid for by the OCI, who will also cover all his legal fees should he prove innocent of all charges laid against him.
If, as now appears increasingly likely, those charges never come before a court then the heavy cost will rest with an already financially drained OCI.
