lundi 18 juillet 2011

Swimming-Australian D’Arcy to pay damages to victim

SYDNEY, July 18 (Reuters) - Australian swimmer Nick D’Arcy has been ordered to pay at least A$180,000 ($192,000) in compensation to a fellow swimmer he assaulted in 2008 after a judge rejected his claim of self-defence.
D’Arcy was booted off the Australian team for the 2008 Olympics for assaulting Simon Cowley and received a 14-month suspended jail sentence in 2009 after pleading guilty to recklessly causing grievous bodily harm.
The 23-year old swimmer, who last month beat Michael Phelps in the 200m butterfly in California, had argued that he acted in self-defence when he “lashed out” at Cowley with a “wild defensive swing” which caused multiple facial fractures.
Judge Anthony Puckeridge said the onus was on D’Arcy to prove that when he hit Cowley he did it in self-defence, the Australian Associated Press (AAP) reported.
“I do not consider the defendant has discharged that onus,” Puckeridge was quoted as saying by AAP.
“I find when the defendant hit the plaintiff he was not acting in self-defence.”

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