Mallon was arrested last August on the eve of the Olympic Games and went on to share a cell in Brazil's Bangu prison with former Olympic Council of Ireland President Patrick Hickey.

São Paulo lawyer Franklin Gomes brought a claim for habeas corpus regarding the handling of the case to the Special Court for Supporters and Large Events, which had jurisdiction during the Games, The Irish Times reported.

His claim centred on an allegation of "illegal duress", with a suggestion that evidence had not been produced, compromising Mallon's capacity to defend himself.

Judge Fernando Antonio de Almeida claimed lawyers were not using the correct method to make such accusations.

In a published statement, the judge said: "Habeas corpus is not a tool to be substituted for one's own resource to combat the decision to deny the production of proof to the individual's defence."

He added that he had not seen "the existence of any illegal duress to be remedied, seeing as the original process is following its regular protocol" and also stated that habeas corpus was not the correct method of putting forward such suggestions.

Instead, he advised that the legal team should "use the formal instrument to review the denial of production of evidence alleged".

Hickey, meanwhile, faces charges of  theft, tax evasion, money-laundering and criminal association.

Mallon and  Hickey are due to appear in court in Rio on November 29, but a final decision is not expected in the case before February 2018.