Nick D’Arcy’s fight to be included in the Australian Olympic team for the Beijing Games is officially over.
More on how the D’Arcy drama has unfolded
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The controversial swimmer had his final avenue of appeal rejected by the Court of Arbitration for Sport (CAS) today.
An Australian Olympic Committee spokesperson confirmed tonight that the CAS had knocked back D’Arcy’s appeal against a decision made last week by the AOC executive board.
That unanimous decision by the 14-member AOC board had backed an earlier decision by its president John Coates to sack him from the team.
Coates stood aside from the decision by the board and did not attend the meeting at which D’Arcy made a personal plea to stay on the Olympic team.
It is the end of a drawn out saga – at least from an Olympic perspective – that started when D’Arcy allegedly assaulted former swimmer Simon Cowley in a Sydney bar incident in the early hours of March 30.
He was subsequently kicked off the team by Coates for bringing himself, his sport and the Olympic team into disrepute.
An initial appeal to CAS found that, while D’Arcy had brought himself into disrepute, in breach of the AOC guidelines, the AOC chief did not have the authority alone to remove the swimmer from the team.
It was then referred back to the AOC executive board who concurred with Coates’ view that D’Arcy should not be allowed to compete in Beijing.
D’Arcy immediately appealed that decision.
But he was again unsuccessful after a five-hour CAS hearing in Sydney today.
The CAS has not yet revealed its reasons.
D’Arcy’s lawyer Jack Leitner said it was “the end of the line” as far as appeals go.
He said his client was probably torn about what had transpired.
“I can’t really comment too much on how he feels but but there’s probably some mixed emotions – bitter disappointment but perhaps relief it has been resolved,” Leitner said.
He was hopeful that D’Arcy, who he described as having “guts and determination” would continue in the sport.
Leitner revealed D’Arcy has already returned with his father Justin to Queensland and would not be present in court tomorrow for a second hearing over his charge of recklessly causing grievous bodily harm to Cowley, an offence that carries a maximum sentence of 10 years’ jail.
“His focus has now been turned to criminal proceedings,” Leitner said.
“But no, he won’t be in court tomorrow.”
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