Bashing victim Simon Cowley will face a grilling over his drinking and alleged memory lapses when he gives evidence in disgraced swimmer Nick D'Arcy's assault case, a court has heard.
D'Arcy, who turned 21 yesterday, is charged with recklessly inflicting grievous bodily harm on Mr Cowley, a Commonwealth Games gold medallist.
Mr Cowley was allegedly assaulted in a Sydney bar early on March 30, just hours after D'Arcy won a spot on the Olympic swimming team for the Beijing Games. He was later axed from the team.
Mr Cowley, 27, had five permanent titanium plates fitted after suffering fractures to his jaw, eye socket, hard palate, cheekbone and nose.
He had to feed through a straw for some weeks after the incident.
Lawyers for D'Arcy, who did not have to attend court today, say he will be "strongly defending" the charge.
It is understood they will be arguing he acted in self-defence.
D'Arcy's lawyers told Sydney's Downing Centre Local Court today they wanted Mr Cowley to be cross-examined because he had failed to recall in his police statement some events which other witnesses had reported.
"(We wish to cross-examine) to explore his memory ... with respect to matters that other witnesses observed had occurred between the main players," said defence lawyer Richard Jankowski.
"Whether he has any memory of a conversation or any memory of a physical act towards the accused ... what occurred during and prior to the incident itself."
Mr Jankowski said they would insist on Mr Cowley's appearance in court, rather than rely on a second police statement.
He said it was important to determine whether any new recollections were independent, or a result of talking to others present at the altercation.
"There were issues as to what matters may have been recalled, as to whether they were the subject of conversations with other witnesses," Mr Jankowski said.
They would also ask Mr Cowley about the amount of alcohol he had drunk at home before going out that night, he said.
Mr Cowley is one of six swimmers who will give evidence during the trial.
Outside court, another lawyer for D'Arcy, Jack Leitner, would not confirm the names of the witnesses to be called, but said the hearing date must be set for after the Olympics, which end on August 24.
It is understood the swimmers are Stephanie Rice, Eamon Sullivan, Joshua Krough, Kenrick Monk and Andrew Lauterstien, most of whom are already in Beijing.
D'Arcy's Olympic dreams were crushed after the incident when the Australian Olympic Committee dropped him from the squad for bringing the sport and the Games into disrepute.
Mr Leitner today said D'Arcy was moving on with his life by taking a position as a radio host in Queensland. He was also going back to university to continue science studies.
D'Arcy will again be excused from attending when his case is next up for mention on July 31, when a hearing date is expected to be fixed.
