On 31 March 2008, D'Arcy was charged with
assault after a brawl with former Commonwealth Games triple gold medalist
Simon Cowley on the night D'Arcy was named to the Australian Olympic team. He was later charged with inflicting grievous bodily harm. On 3 April 2008, a second athlete,
Tim Peach, came forward claiming he was also assaulted by D'Arcy. D'Arcy was granted conditional bail to appear in court on 21 April 2008. He pleaded guilty to one charge of recklessly inflicting grievous bodily harm, the victim suffered fractures to his jaw, eye socket, hard palate, cheek bone and nose. On 18 April, the
Australian Olympic Committee (AOC) dropped D'Arcy from its
2008 Olympic team, claiming that the swimmer had brought the team into disrepute. D'Arcy subsequently appealed to the
Court of Arbitration for Sport (CAS), which confirmed the AOC's decision. However, CAS also found that the decision to expel D'Arcy should not have been made solely by the President of the AOC
John Coates, but instead by the entire AOC Board. The AOC Board subsequently unanimously decided to withdraw D'Arcy's membership from the team on 11 June 2008. D'Arcy appealed the AOC Board's decision to CAS, which rejected this appeal on 16 June 2008. In March 2009, D'Arcy received a jail sentence of 14 months and 12 days, suspended on condition of good behavior. On 6 April 2009, he was dropped from Australia's team to the 2009 World Championships by
Swimming Australia. Former Australian swimming captain
Grant Hackett supported D'Arcy's return to swimming once his ban was served. On 27 June 2011 Cowley commenced proceedings in the
NSW District Court to sue D'Arcy for damages arising from the altercation with D'Arcy. In December 2011, after Cowley had been awarded $180,000 in damages, D'Arcy declared himself bankrupt, bringing his representation of Australia at the
London Olympics in 2012 in jeopardy. In June 2012 D'Arcy and another swimmer
Kenrick Monk posed with guns at a USA gunshop, then Monk posted these photos on his Facebook page. The controversy that followed in Australia was another incident that distracted attention from D'Arcy's swimming achievements and his preparation for the London Olympics. The two swimmers were told by the Australian Olympic Committee they would have to head back to Australia after their Olympic events "for bringing the sport into disrepute". It has been reported that senior members of the Australian swimming team consider this a precautionary measure designed to prevent any further potential for controversy from these two swimmers at the Olympics. ==References==