Scandal-hit swimmer Nick D'Arcy's fight to be in the Australian team at the Beijing Olympics officially ended in failure on Monday after his Court of Arbitration for Sport appeal was rejected.

An Australian Olympic Committee (AOC) spokesperson said the CAS dismissed D'Arcy's final avenue for appeal after the AOC Executive Board had unanimously backed a decision by its President John Coates to sack him from the team.

D'Arcy was kicked off the Beijing team in April after a Sydney bar incident which left former swimmer Simon Cowley with serious injuries including a broken jaw, fractured eye socket and crushed cheekbone.

But the CAS ruled last month that Coates alone did not have the right to axe the 20-year-old 200m butterfly hopeful and the matter should have been heard by the 15-member AOC Executive Committee.

The committee unanimously confirmed Coates's decision last week.

D'Arcy then appealed that decision unsuccessfully in a five-hour CAS hearing here on Monday.

The swimmer has said that he will consider quitting if he cannot go to Beijing, and will take up university medical studies instead.

D'Arcy is due in court on Tuesday to answer a charge of recklessly causing grievous bodily harm to Cowley, an offence which carries a maximum sentence of 10 years in jail.

AFP