Kevin Mallon's legal team has complained to a court in Rio de Janeiro about alleged undue delays in processing a decision as to whether or not their client can return to Ireland to await a future court case, regarding Olympic ticket touting allegations. 

The case file has been with the public prosecutor’s office in Rio since 14 October.

It is awaiting the opinion of presiding prosecutor Marcus Kac, and should have been acted upon, and returned to the Special Court for Supporters and Large Events, within 15 days of its receipt.

According to Mr Mallon's legal team, the fact that the process is "imprisoned" with the prosecutor impinges on their ability to defend their client. 

Franklin Gomes, a Sao Paulo based lawyer, said he asked the responsible judge, Juliana Leal, at the Special Court last week to either allow Mr Mallon to return to Ireland to await trial, or allow him to travel out of Brazil for a period of 90 days, to allow him to spend Christmas with his family. 

The lawyer said that the judge was "very receptive" to his request, but is precluded from responding until such a time as the case file returns to that court from the public prosecutor’s office.

The Sao Paulo solicitors said that without having access to case files, it was impossible for them to complete their role in defending their client.

Mr Gomes has lodged a further Habeas Corpus with the Rio de Janeiro Court of Justice, requesting it to consider either allowing Mr Mallon leave until his court date, or to leave for 90 days. 

Mr Gomes said it was this same court that allowed Irish man Raymond Whelan to leave Brazil, after his arrest during the World Cup games in 2014.

He expects a response within the next ten days. 

The solicitor stated that if this request is not granted in Rio de Janeiro, he would appeal to the higher courts in Brazilian capital Brasilia:  the Supreme Court of Justice, and the higher Supreme Federal Court of Justice, as necessary.

According to Mr Gomes, Mr Mallon should not be treated any differently from a Brazilian citizen, by virtue of being a foreigner. 

"Brazilian citizens have the right to await trial where they live.  In the case of Kevin, this is not being allowed. 

He is apart from his family for an extended period, and is away from his work also. 

"He is basically imprisoned here in Brazil."

Mr Mallon is well, according to his lawyer, "but the proximity of Christmas is an emotional time for him.  He misses his family very much, especially at this time of year."  But, he added, "Kevin is very strong."

Lawyers for Pat Hickey are also awaiting a response from the Special Court in Rio de Janeiro, regarding the release of his passport, and liberty to leave Brazil. 

Arthur Lavigne said he spoke to Mr Kac last week, and the prosecutor explained that he had not made a decision due to extreme workload currently, but that he had promised to analyse the case this week. 

Mr Lavigne said today that he has still heard no news regarding this decision.