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Nick D’Arcy’s hopes of swimming for Australia at the Beijing Olympics have all but disappeared after a court decided that he broke the rules and deserved to be kicked off the team.
The Court of Arbitration for Sport (CAS) effectively endorsed his dumping from the Australian Olympic swim team for elbowing retired swimmer Simon Cowley in the face.
The human tragedy of the Nick D’Arcy case
D’Arcy, who faces a charge of recklessly inflicting grievous bodily harm – which carries a jail term of up to 10 years – argued that he was acting in self defence and is entitled to the presumption of innocence.
But the court agreed with Australian Olympic Committee president John Coates that in being charged with such a serious criminal offence, D’Arcy had brought himself into disrepute.
However, the panel ruled that Coates himself did not have the authority to sack D’Arcy from the team. That decision rests with the board of the AOC, which will meet within a week or so and is expected to rubber-stamp Coates’s decision.
D’Arcy, who accepts that his chances of getting to Beijing are now slight, vowed to keep training in the hope that circumstances will change.
“Even if that slim chance gets up, I want to be in the best shape,” he told reporters outside his Sunshine Coast home.
He has the right of appeal if the AOC upholds his dismissal, but is preparing to accept that his Olympic dream is over.
“Obviously my chances have been severely compromised from today’s decision,” he said.
D’Arcy, 20, now has to prepare to defend himself in a criminal trial.
Depending on the outcome he will then have to decide whether he will press on with his swimming career or follow his father Justin into medicine.
Cowley, a 28-year-old former Commonwealth Games champion, made no comment.
He is still recuperating at his Sydney home from injuries he received when D’Arcy elbowed him in Sydney’s The Loft bar early on March 30, a few hours after the naming of the Olympic swim team.
The damage was so serious he required multiple operations and the insertion of five titanium plates in his face.
Edited text of a statement by Australian Olympic Committee president John Coates on the Nick D’Arcy ruling yesterday:
“The AOC accepts the decision of the CAS (Court of Arbitration for Sport) appeal panel and thanks the panel for their careful consideration of the matters before it.
“Nick D’Arcy’s (Australian Olympic) team membership agreement provides that his continued membership of the team is conditional upon him not having engaged in conduct that has brought or is likely to bring himself, the sport of swimming, the team and the AOC into disrepute or censure.
“On April 18 I determined that Nick D’Arcy’s conduct in the early hours of March 30 had breached the team membership agreement and that he should not continue to be a member of the team.
“CAS has decided that in its view Nick D’Arcy’s conduct was likely to and did bring himself into disrepute. They did not go on to decide whether the sport of swimming, the team or the AOC were likely to be brought into disrepute or censure by his conduct.
“It follows that the panel has found that Nick D’Arcy was in breach of the team membership agreement.
“It also found that there is discretion to terminate membership of the team upon a finding of breach but to be exercised not by me personally, as president of the AOC, but by the AOC itself.
“The matter will now be remitted to the AOC for it to consider whether his membership of team should be terminated or not and CAS has raised whether it should be asked by both parties to consider that question.
“The AOC will consider the best way forward as soon as possible.
“Under the Olympic Charter, National Olympic Committees decide on the entry of athletes to the Olympic Games proposed by their respective national federations and such selection shall be based not only on the sports performance of an athlete but also on their ability to serve as an example to the sporting youth of their country.
“When I addressed the swimming section of the 2008 Australian Olympic Team during its televised announcement on the evening of Sunday March 29, I stated:
`As members of the Australian Olympic team you inherit a splendid tradition.
`Just by your inclusion in the team, you have become role models for other Australians.
`Just by wearing your Olympic uniform you will become a visible symbol – an ambassador – in fact – of our great nation.
`I know you will do it proud.’
“And I have repeated these sentiments in congratulatory letters to all athletes as they are selected in the 2008 Olympic team.
“These are not trite words. They are important to the AOC, and me, and indeed form the foundation of the AOC’s Olympic education program in which we are using the Olympic sports traditions and values as the context for teaching life values and life skills to children in more than 5,000 primary schools across the country.
“Membership of the team is a privilege and the standards expected of our athletes is extremely high because of the public reputation which has been established and maintained over many years.
“I will ensure that the AOC moves now as quickly as possible to deal with the question of termination of Nick’s D’Arcy’s membership to the team.”