ID :
46695
Fri, 02/20/2009 - 23:25
Auther :
Shortlink :
http://m.oananews.org//node/46695
The shortlink copeid
D'Arcy apologises to Cowley in court
Nick D'Arcy has personally apologised for a devastating punch he landed on a fellow
swimmer, but admits he drunkenly threatened a bouncer last month saying "one hit is
all it takes".
"That statement was made to try and disarm any physical altercation (with the
bouncer)," D'Arcy told a magistrate at his sentencing hearing on Friday in Sydney's
Downing Centre Local Court.
D'Arcy, 21, has pleaded guilty to recklessly inflicting grievous bodily harm on
Commonwealth Games gold medallist Simon Cowley in an inner-Sydney bar in March 2008.
D'Arcy was dumped from Australia's Olympic swimming team after being charged with
the attack that left Mr Cowley with fractures to his jaw, eye socket, hard palate,
cheek bone and nose.
In his victim impact statement, the 28-year-old revealed the catastrophic physical
and emotional effects on his life as a result of the punch.
Across the courtroom, D'Arcy later gave his first face-to-face apology to Mr Cowley,
saying he hoped one day he would forgive him.
"I am extremely sorry, if there was anything I could do to take it back I would," he
said.
But he agreed he was involved in an exchange on January 3 at a Sydney hotel at the
birthday party of swimmer and friend Kenrick Monk.
D'Arcy said he was intoxicated but felt he was being singled out when a security
guard asked him to leave, although he agreed to go.
He said the guard told him: "Come on tough guy", as a prompt to leave, to which
D'Arcy replied: "Do you know who I am?"
"I thought that was the reason I was being asked to leave," he said.
"He took it upon himself to grab me by the arm and at the time I did consider it a
threat," D'Arcy said, adding that he later realised the man was just doing his job.
"I responded: 'One hit is all it takes'".
Peter Aitken, for the prosecution, asked if it was possible D'Arcy had been boasting
about his physical prowess.
"At the time I did not consider it to be, but I can see how someone else could
perceive it to be," he replied.
D'Arcy told the magistrate he recognised he had an alcohol problem, especially with
binge drinking, and was determined to address it.
Mr Cowley said before he was punched, he was "an extremely fit, confident and happy
person".
But he underwent major operations, where plates and screws were inserted in his face
and he lost 12 kilograms in five weeks.
"I have been informed by my medical practitioner I may never regain complete feeling
and sensation in my face," he said.
He felt distressed at having to wear braces at his age and now became anxious in
crowded social situations.
"Sometimes I cannot relax as I am fearful I will be attacked again," Mr Cowley said.
Outside court, he said it was good to finally get some form of apology from D'Arcy.
"I just hope that he can learn from this and be a better person at the outcome and
hopefully he doesn't do this to anyone else and no one else has to suffer at the
hands of Nick D'Arcy," he told reporters.
Magistrate John Favretto will hear sentencing submissions on February 26 and will
hand down his decision at a later date.
D'Arcy's lawyer Richard Jankowski indicated he would be urging the magistrate not to
impose a full time jail term or periodic detention.