Courtesy of the Daily Telegraph

'I just hope D'Arcy can learn'

February 20, 2009 05:10pm

COMMONWEALTH Games medallist Simon Cowley has told a magistrate of the devastating effects of being assaulted by fellow swimmer Nick D'Arcy.

Mr Cowley, 28, said the physical and emotional effects had been "extremely disturbing and very profound''.

He was reading out his victim impact statement in Sydney's Downing Centre Local Court at the sentencing hearing for D'Arcy, who himself later took the stand to apologise for his actions and tell of his remorse.

D'Arcy has pleaded guilty to recklessly inflicting grievous bodily harm on March 30 last year.

After the hearing, Mr Cowley said he appreciated D'Arcy's apology but declined to say he accepted it.

"I haven't really had a lot of time to process it,'' he told reporters.

"It was very difficult to stand up there and give my victim impact statement and I realise there have been things preventing Nicholas D'Arcy from giving a public apology on legal advice.

"It is good to be able to finally get some form of apology from Nicholas D'Arcy.

"I've got no doubt that he is very sorry for what he's done.

"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.''

Darcy, 21, was dumped from Australia's Olympic team for Beijing after being charged with the attack, which left Mr Cowley with numerous fractures including to his jaw and eye socket.

"Before this criminal act I was an extremely fit, confident and happy person,'' Mr Cowley early told the court.

But as a result of his injury, he underwent major operations where plates and screws were inserted in his face, and lost 12 kilograms in five weeks.

"I became aware there was serious difficulties with my bite and it became necessary to undergo orthodontic treatment,'' he said.

He now has braces, which he will have to wear for about two years, and if this treatment is not successful, he will have to undergo more surgery.

"I find it very distressing to have to wear braces at this time in my life.''

He said he had struggled to deal with the intense media exposure he attracted as a result of the assault, and now gets anxious in crowded social situations.

"Sometimes I cannot relax as I am fearful I will be attacked again,'' Mr Cowley said.

Giving evidence later, D'Arcy took the opportunity to offer a face-to-face apology.

"It may not be possible for you to forgive me now, but one day I hope it is a possibility,'' he said, looking at Mr Cowley, who had a front row seat in the court.

"I am extremely sorry. If there's anything I could do to take it back, I would.''

D'Arcy said while he had apologised to Mr Cowley before, his lawyers had advised him not to apologise personally before today's hearing.

D'Arcy also told the court he now realised he had an alcohol problem and referred to an exchange he had at the birthday party of swimmer and friend Kenrick Monk in January.

He said a security guard had told him to leave the bar, and D'Arcy had responded saying ``one hit is all it takes''.

The hearing is continuing before Magistrate John Favretto.

According to the agreed statement of facts before the court, D'Arcy had been celebrating his Australian swimming team selection early on March 30 last year when the assault occurred at The Loft bar in Darling Harbour.