BRISBANE, Australia - Australian swimmer Nick D'Arcy has accepted he will not compete at the Beijing Olympics after exhausting his last legal avenue to overturn his ejection from the Australian games team.
The Court of Arbitration for Sport on Monday rejected D'Arcy's final appeal against the Australian Olympic Committee's decision to dismiss him from the Beijing squad after he was charged over an alleged assault on another swimmer.
D'Arcy is facing police charges of recklessly inflicting grievous bodily harm on former swimmer Simon Cowley by assaulting him in a Sydney bar on March 30, hours after his initial selection for the Australian team.
The Australian 200m butterfly record holder was near tears when he spoke to reporters outside his home Tuesday after hearing the CAS decision.
"I'm very disappointed with yesterday's decision, although I accept yesterday's decision," D'Arcy said. "I have now exhausted all the options available to me for appeal and otherwise.
"I personally believe the CAS hearing was fair and considered so that makes it easier for me to accept the decision."
D'Arcy's assault case will likely not be heard until after the Olympics because members of the Australian swim team will be called as witnesses.
After a brief hearing at Sydney's Downing Centre Local Court Tuesday, the case was adjourned until July 24. Counsel for D'Arcy Jack Leitner said his legal team would not be able to call key defence witnesses on July 24 because several were members of the Australian Olympic team which leaves for Beijing on July 23.
Leitner said it was expected the matter would be adjourned again until after the Beijing Games.