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The Honolulu Advertiser
Updated at 3:54 a.m., Monday, June 16, 2008

Olympics: Swimmer D'Arcy loses final appeal

Associated Press

SYDNEY, Australia — Nick D'Arcy's drive to be included in the Australian Olympic team for the Beijing Games ended Monday after the swimmer had a Court of Arbitration for Sport (CAS) appeal rejected.

An Australian Olympic Committee spokesman confirmed that the CAS had ruled against D'Arcy's final avenue for appeal after the AOC executive board had backed an earlier decision by its president John Coates to remove the swimmer from the team.

D'Arcy was alleged to have assaulted former swimmer Simon Cowley in a Sydney bar incident in the early hours of March 30, shortly after he was selected to the Olympic team after winning the 200-meter butterfly at the Olympic trials.

He was subsequently kicked off the team by Coates for bringing himself, his sport and the Olympic team into disrepute. But 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, which concurred with Coates' view that D'Arcy should not be allowed to compete in Beijing.

D'Arcy appealed that decision unsuccessfully in a five-hour CAS hearing in Sydney on Monday.

He is due in a Sydney court on Tuesday to answer a criminal charge of recklessly causing grievous bodily harm to Cowley, an offense which carries a maximum sentence of 10 years' jail.