ID :
191807
Wed, 06/29/2011 - 14:11
Auther :
Shortlink :
http://m.oananews.org//node/191807
The shortlink copeid
I was portrayed a villain, says D'Arcy
SYDNEY (AAP) - June 29 - Olympic hopeful Nick D'Arcy says he pleaded guilty after lashing out at a fellow swimmer in a Sydney bar, fearing he wouldn't get a fair trial because he had been portrayed as a villain.
D'Arcy told the NSW District Court in Sydney on Wednesday some media coverage of the "wild defensive swing" three years ago was biased and he was concerned it could negatively affect his case.
"If there were a few people on the jury who didn't like me ... then that was four years in prison," he said.
D'Arcy, who is being sued for damages of up to $750,000, pleaded guilty in the local court to recklessly causing grievous bodily harm on Simon Cowley, a triple Commonwealth Games gold medallist.
He said the decision was very difficult but he didn't want to "roll the dice" and risk the alternative of a possible four-year mandatory jail term if the matter proceeded to the District Court.
"I felt uncomfortable (pleading guilty) ... but I was portrayed to be a villain and I didn't believe I would get a fair trial," he said, adding that he was also wanted to avoid stress on his family and financial pressure of a trial.
D'Arcy, 23, was given a suspended jail sentence of 14 months in 2009, which he has completed.
Cowley suffered serious injuries, including multiple facial fractures when he was struck in the early hours of March 30, 2008 at The Loft bar in Sydney's CBD while celebrating after the Beijing Olympic trials.
His lawyer, Patrick Saidi, said Cowley was king-hit without reason, with the court hearing he had corrective surgery to his jaw, cheekbones and nose.
"It's not a pleasant feeling to know your face is being held together by a number of plates and screws," he said.
D'Arcy is defending the civil suit by arguing he acted in self defence.
He said Cowley, 30, had struck him first, on the side of the face, which took him by surprise and left him in a state of shock.
It was when Cowley again moved his hand towards D'Arcy that he "lashed out".
"It was a wild defensive swing," he said.
"I wanted to stop what I thought would be another attack."
Under cross examination by Mr Saidi, D'Arcy denied that he was "determined to get back at that person".
He agreed the atmosphere on the night was jovial and there was no hint of Cowley being in an aggressive mood, but he didn't believe a slap in the face was a "social act".
Cowley, who said he suffers from post traumatic stress disorder, told the court the last thing he remembered was intending to introduce himself as D'Arcy moved towards him.
D'Arcy said he "felt terrible" and apologised to Cowley for the "significant" injuries he had suffered.
But he was not "willing to go a step further" for the actual act itself, and instead maintained his position that his actions were justified.
The hearing, before judge Anthony Puckeridge, is continuing.
D'Arcy told the NSW District Court in Sydney on Wednesday some media coverage of the "wild defensive swing" three years ago was biased and he was concerned it could negatively affect his case.
"If there were a few people on the jury who didn't like me ... then that was four years in prison," he said.
D'Arcy, who is being sued for damages of up to $750,000, pleaded guilty in the local court to recklessly causing grievous bodily harm on Simon Cowley, a triple Commonwealth Games gold medallist.
He said the decision was very difficult but he didn't want to "roll the dice" and risk the alternative of a possible four-year mandatory jail term if the matter proceeded to the District Court.
"I felt uncomfortable (pleading guilty) ... but I was portrayed to be a villain and I didn't believe I would get a fair trial," he said, adding that he was also wanted to avoid stress on his family and financial pressure of a trial.
D'Arcy, 23, was given a suspended jail sentence of 14 months in 2009, which he has completed.
Cowley suffered serious injuries, including multiple facial fractures when he was struck in the early hours of March 30, 2008 at The Loft bar in Sydney's CBD while celebrating after the Beijing Olympic trials.
His lawyer, Patrick Saidi, said Cowley was king-hit without reason, with the court hearing he had corrective surgery to his jaw, cheekbones and nose.
"It's not a pleasant feeling to know your face is being held together by a number of plates and screws," he said.
D'Arcy is defending the civil suit by arguing he acted in self defence.
He said Cowley, 30, had struck him first, on the side of the face, which took him by surprise and left him in a state of shock.
It was when Cowley again moved his hand towards D'Arcy that he "lashed out".
"It was a wild defensive swing," he said.
"I wanted to stop what I thought would be another attack."
Under cross examination by Mr Saidi, D'Arcy denied that he was "determined to get back at that person".
He agreed the atmosphere on the night was jovial and there was no hint of Cowley being in an aggressive mood, but he didn't believe a slap in the face was a "social act".
Cowley, who said he suffers from post traumatic stress disorder, told the court the last thing he remembered was intending to introduce himself as D'Arcy moved towards him.
D'Arcy said he "felt terrible" and apologised to Cowley for the "significant" injuries he had suffered.
But he was not "willing to go a step further" for the actual act itself, and instead maintained his position that his actions were justified.
The hearing, before judge Anthony Puckeridge, is continuing.
