ID :
191362
Mon, 06/27/2011 - 16:31
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Shortlink :
http://m.oananews.org//node/191362
The shortlink copeid
D'Arcy claims self-defence in attack
(AAP) - Aspiring Olympic swimmer Nick D'Arcy acted in self-defence when he attacked a stranger in a Sydney bar, leaving him with "catastrophic injuries", a court has heard.
Moments after the attack however, D'Arcy told police he didn't know why he hit Simon Cowley, a former swimmer, saying "it seemed like a good idea at the time - I guess it doesn't though now".
Cowley, 30, is suing D'Arcy for damages in the NSW District Court over the incident three years ago at The Loft that left him with multiple face fractures.
The most he can claim is $750,000.
His lawyer, Patrick Saidi, said on Monday Cowley was king-hit in the early hours of March 30, 2008, seconds after he tapped D'Arcy on the cheek and told him to "settle down".
Mr Saidi said Cowley intervened because D'Arcy, 23, had baited fellow swimmer Eamon Sullivan about having another drink.
Cowley said he had gone to introduce himself to D'Arcy. The next thing he remembers is sitting on a lounge with blood pouring from his face.
But D'Arcy says he struck out at Cowley only to "repel a further attack".
"Having already been slapped by this bigger, unknown man, he swings and unfortunately connects .. resulting in Mr Cowley's catastrophic injuries," his lawyer Paul Hayes said.
Sullivan told the court he heard a "loud smacking sound" and then saw Cowley "leaning over (his knees) with his hands over his face".
Then Sullivan told D'Arcy, "You're an idiot. What did you do that for?", but he couldn't recall getting a response.
As a result of the attack, Cowley needed corrective surgery to his jaw, cheekbones and nose, and had titanium plates inserted in his face. His mouth was wired shut and he still wears orthodontic braces.
The court heard that Cowley's medical bill had reached $40,000 and he had to leave his job with WPS Financial Group because his clients were more interested in finding out about the attack.
D'Arcy was given a suspended jail sentence of 14 months in 2009 after pleading guilty to recklessly inflicting grievous bodily harm.
He lost his place on the Olympic swimming team for the 2008 Beijing Games and was excluded from Australia's world championship swimming team in 2009.
Cowley said D'Arcy apologised in the criminal proceedings but prior to that he had indicated via the media he would "strenuously deny the charges".
Cowley's mother Elaine Cowley said her son, who retired from swimming in 2004, was a pacifist and the family peacemaker who would always avoid confrontation.
During his sporting career, Cowley won three gold medals at the 1998 Commonwealth Games in Kuala Lumpur but missed out on selection for the Sydney 2000 Olympics and the Athens 2004 Olympics.
Judge Anthony Puckeridge said an issue of the case would be whether a claim of self-defence is available in view of D'Arcy's conviction and guilty plea to the assault.
The hearing is continuing.
Moments after the attack however, D'Arcy told police he didn't know why he hit Simon Cowley, a former swimmer, saying "it seemed like a good idea at the time - I guess it doesn't though now".
Cowley, 30, is suing D'Arcy for damages in the NSW District Court over the incident three years ago at The Loft that left him with multiple face fractures.
The most he can claim is $750,000.
His lawyer, Patrick Saidi, said on Monday Cowley was king-hit in the early hours of March 30, 2008, seconds after he tapped D'Arcy on the cheek and told him to "settle down".
Mr Saidi said Cowley intervened because D'Arcy, 23, had baited fellow swimmer Eamon Sullivan about having another drink.
Cowley said he had gone to introduce himself to D'Arcy. The next thing he remembers is sitting on a lounge with blood pouring from his face.
But D'Arcy says he struck out at Cowley only to "repel a further attack".
"Having already been slapped by this bigger, unknown man, he swings and unfortunately connects .. resulting in Mr Cowley's catastrophic injuries," his lawyer Paul Hayes said.
Sullivan told the court he heard a "loud smacking sound" and then saw Cowley "leaning over (his knees) with his hands over his face".
Then Sullivan told D'Arcy, "You're an idiot. What did you do that for?", but he couldn't recall getting a response.
As a result of the attack, Cowley needed corrective surgery to his jaw, cheekbones and nose, and had titanium plates inserted in his face. His mouth was wired shut and he still wears orthodontic braces.
The court heard that Cowley's medical bill had reached $40,000 and he had to leave his job with WPS Financial Group because his clients were more interested in finding out about the attack.
D'Arcy was given a suspended jail sentence of 14 months in 2009 after pleading guilty to recklessly inflicting grievous bodily harm.
He lost his place on the Olympic swimming team for the 2008 Beijing Games and was excluded from Australia's world championship swimming team in 2009.
Cowley said D'Arcy apologised in the criminal proceedings but prior to that he had indicated via the media he would "strenuously deny the charges".
Cowley's mother Elaine Cowley said her son, who retired from swimming in 2004, was a pacifist and the family peacemaker who would always avoid confrontation.
During his sporting career, Cowley won three gold medals at the 1998 Commonwealth Games in Kuala Lumpur but missed out on selection for the Sydney 2000 Olympics and the Athens 2004 Olympics.
Judge Anthony Puckeridge said an issue of the case would be whether a claim of self-defence is available in view of D'Arcy's conviction and guilty plea to the assault.
The hearing is continuing.
