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Posted at 3:41 a.m., Friday, March 27, 2009

Swimming: D'Arcy given suspended sentence for assault

Associated Press

SYDNEY — Swimmer Nick D'Arcy received a suspended sentence Friday for his assault of former Commonwealth Games medalist Simon Cowley in a barroom fight a year ago, meaning he likely won't spend any time in jail.

Downing Centre Local Court Magistrate John Favretto gave D'Arcy a suspended sentence of 14 months and 12 days.

D'Arcy was dropped from Australia's team for the Beijing Olympics after being charged over the attack that left Cowley with fractures to his jaw, eye socket, cheekbone and nose.

"It was a terrible situation, which I have apologized for, and I deeply regret and I do hope one day he (Cowley) will be able to forgive me," D'Arcy said outside court Friday.

D'Arcy has qualified for the Australian team for the world championships in Rome in July in the 200-meter butterfly, although Swimming Australia said Friday it will decide next week whether D'Arcy will be allowed to compete.

The altercation occurred on March 30, 2008 — on the night D'Arcy was named to the Olympic team after the Australian trials ended in Sydney, making it in the 200 butterfly.

The 21-year-old D'Arcy pleaded guilty last November to recklessly inflicting grievous bodily harm on Cowley. He apologized to Cowley in court last month.

"I am extremely sorry, if there was anything I could do to take it back I would," he said.

Cowley, 28, earlier said D'Arcy's assault had a devastating effect on him.

"Before this criminal act I was an extremely fit, confident and happy person," Cowley said. "Sometimes I cannot relax as I am fearful I will be attacked again."

Australian Olympic Committee president John Coates said he had no comment on the court's decision Friday, but added: "I have no doubt the AOC executive made the correct decision in terminating Nick D'Arcy's membership of the Beijing Olympic team last June."

Coates said D'Arcy could be a member of the Australian team for the 2012 Olympics in London — if he qualifies and meets "the behavioral standards expected of all Olympic athletes ..."

Favretto told the court Friday that he felt D'Arcy had "very good prospects of rehabilitation."

The judge said there was no doubt D'Arcy had been provoked by Cowley, who had slapped him in the face a few seconds before the attack. But he said D'Arcy's response was excessive.

"While there was only one punch, it must have been with considerable force given the extent of the injury," Favretto said.

D'Arcy was ordered to report to a probation office on the Sunshine Coast in Queensland state, where he lives, within seven days, and to comply with all requirements for the alcohol, stress and anger management rehabilitation specified by the court.

Before leaving the courtroom, the magistrate warned D'Arcy that if he breached the conditions of the bond, it would be revoked and he could face jail.

D'Arcy's sentencing came as Swimming Australia announced that Olympic silver medalist and 50- and 100-meter freestyle world record holder Eamon Sullivan could be fined for an alcohol-related incident.

A taxi driver complained to police that Sullivan had shortchanged him after he had dropped the swimmer home on Wednesday. Sullivan, 23, said he was drunk and made a public apology after the taxi driver phoned police.

"I feel a bit disappointed and obviously embarrassed, obviously, of the misunderstanding and I just hope that he can accept my apology," Sullivan said, adding that he has stopped drinking alcohol.

"It is just one of those rare times that we get to relax and have a drink. I realized I had had a few too many drinks and decided to catch a taxi home by myself."

Sullivan set the 50-meter world record last year at the Australian trials in March. He broke the 100-meter world mark at the Beijing Olympics in the semifinals, but finished second to gold medalist Alain Bernard of France in the 100 final.