Kyle James Henk Daniels: Mosman swim coach found not guilty of tenth charge
Released: 21:05 EDT, Oct. 23, 2022 | Updated: 21:19 EDT, Oct. 23, 2022
The jury in the sexual abuse retrial against Sydney swimming coach Kyle James Henk Daniels was dismissed after being unable to rule on the 11 remaining charges.
The question of whether the 24-year-old should be tried a third time remains in the hands of the public prosecutor.
“It’s quite a complicated matter,” Crown Prosecutor Tony McCarthy told the district court.
Daniels, who denies intentionally touching students inappropriately during class in 2018 and 2019, was acquitted of 10 charges of sexual abuse, including five allegations of sexual assault.
One of those not-guilty verdicts came through a 10-1 verdict Monday morning.
However, the 11-member jury said it used every effort and court order to hold out and remained split on 11 charges of sexual touching and indecent assault.
“We remain divided on all remaining issues,” the jurors said in a note.
Judge Kara Shead, the Crown and Daniels’ attorney Les Nicholls all agreed that the only option was to dismiss the jury, especially given the numerous orders to keep trying to reach a verdict.
“I think it’s the fifth time so unfortunately I would agree with the Crown,” Mr Nicholls said
Judge Shead said: “The jury was given every opportunity to (deliver a verdict), including one over the weekend, for individual quiet reflection.”
Daniels faced a week-long trial over allegations that he sexually touched nine schoolgirls during swimming lessons in 2018 and 2019.
The girls were between six and ten years old.
The Crown said the significant similarity between the girls’ accounts showed the alleged events were no coincidence and claimed the swim coach took the opportunity to respond to a sexual attraction to girls during class.
But Daniels’ lawyer argued that if any touching took place, it was fleeting, accidental or unintentional, saying police, the media and parents contaminated the girl’s memories and evidence.
The 24-year-old was arrested in early 2019 after concerns were raised by the families of two girls.
His arrest then prompted more girls to come forward.
Daniels was acquitted last week of five counts of having sex with a child under the age of 10 and four charges of sexual touching.
Some were alternative charges to more serious charges.
The decision to continue a third trial is taken on the advice of the head of the public prosecutor’s office or her deputy.
The matter will be brought back to court in four weeks, when prosecutors are expected to announce what that advice is.
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