Wheels In Motion for Hickey Release

(ATR) The extended visit of Patrick Hickey to Rio de Janeiro may finally be coming to a conclusion.

As confirmed by Hickey’s legal counsel in Brazil, $439,000 has been transferred to Brazil for the payment of Hickey’s bail. The bail, decided in a ruling on Nov. 16 by Judge Juliana Leal de Melo, is tied to the release of Hickey’s passport. Once the payment is finalized, the passport will be returned and Hickey will be allowed to leave Brazil to seek medical treatment.

"We have deposited the full amount," Simone Kamentz, legal counsel for Hickey in Brazil, told Around the Rings. "The money is [working its way through compliance]."

Before being received by the court the money must be vetted by Brazil’s central bank. The money comes from the Association of National Olympic Committees, which Hickey has served as a senior vice president. ANOC said in a statement it had lent Hickey the money on "humanitarian grounds" and is expecting to be repaid in full.

Kamentz told ATRHickey's lawyers have not "[sought] a lower amount" for his bail. The statement was confirmed by Brazilian prosecutor on the case Macos Kac.

"There is no request for bail reduction," Kac told ATR. "There is no request in this sense."

A Rio State Tribunal of Justice (TJRJ) spokesperson told ATR that as of today the funds have not been deposited in the court’s accounts.

Hickey has been in Rio de Janeiro since the IOC Session ahead of the Rio 2016 Olympics. During the final days of the Games Hickey was arrested on Aug. 17, in connection with an investigation regarding resale of tickets allocated to the Olympic Council of Ireland. Hickey spent some time in Rio’s Bangu prison, after which a judge ruled he could be released.

As part of the release Hickey had to maintain a residence in Rio and surrender his passport. For the past four months Hickey has been living in an apartment in Rio’s south zone paid by the OCI.

In addition to the apartment, the OCI has paid Hickey’s legal fees.

Irish media have reported that the OCI would not pay for Hickey’s bail as it was not considered part of his legal fees. Further clarifying its position the OCI issued a statement Dec.4 that Hickey never approached the Council to pay his bail.

After leaving Brazil for medical treatment, Hickey may be required to return to face trial. If convicted Hickey could face up to seven years in prison. No trial date has been set. Prosecutors could shelve the case as well.

José Renato Bernardes da Costa, a public defender from the State of Bahia, told ATR the $439,000 bail award was "significant" and higher than any case he could recall.

Da Costa said that in cases where a defendant’s passport is returned as part of the condition of bail, the award acts as insurance for the court. When Hickey appears in court, the money paid to the court to secure his release will be refunded regardless of the outcome of the trial. Da Costa added that to determine bail, a Brazilian judge takes into account the "economic capacity" of the defendant, as well as other factors.

"More often than not the imposition of bail is high," da Costa said to ATR. "[The amount] does not seem arbitrary to me."

Da Costa said if Hickey were to "break bail" and fails to return to Rio, the case would most likely die unless an international agreement between Brazil and Ireland were in place. Without a formal extradition treaty, there could be difficulty summoning Hickey back to Rio.

"[If he did not return] the legal process would practically stop," da Costa said. "It would be virtually impossible to proceed without him here."

After his arrest, Hickey vowed to "fight each and every" charge levied against him by Brazilian authorities. He has not commented on the case since the arrest.

"I am completely innocent of all such charges and I will also vigorously defend my good name and character that I have spent my lifetime building through voluntary service for numerous sporting bodies," Hickey’s statement said.

Despite temporarily relinquishing his Olympic roles, Hickey has support from the Olympic family. European Olympic Committees acting president Janez Kocijancic has regular contact with Hickey and has offered support. Kocijancic has said he maintains Hickey’s innocence in the matter.

The IOC has taken a diplomatic approach in the case, with President Thomas Bach continually stating the "presumption of innocence" of Hickey remains. Bach says the IOC will continue to respect the Brazilian legal process, throughout its entirely.

Written by Aaron Bauer

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