Jury hung, discharged in Mosman swimming teacher case

“With those words, I really stress the court’s thanks to each and every one of you. I wish you a pleasant holiday season, so much as we’re all able to have a pleasant holiday season, and I discharge you,” she said.

Mr Daniels, 22, faced a seven-week trial in the Downing Centre Court and pleaded not guilty to 26 charges relating to 23 alleged incidents in 2018 and 2019 involving girls aged between 5 and 10.

On Thursday, the jury found Mr Daniels not guilty of five of the charges, relating to one of the girls, after three hours of deliberations. They were sent away to keep deliberating on the remaining 21 charges.

Shortly before 2pm that day, the jurors informed the court they were at “a deadlock” and could not come to a unanimous verdict on any further indictments.

Citing the length of the trial and the “great deal of evidence” heard, Judge Shead told the jury “to persevere with your deliberations”.

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On Friday deliberations were put on hold following disruptions after a jury member was absent due to the COVID-19 outbreak on the northern beaches. Judge Shead assured the rest of the jury it was “just a location issue” rather than due to illness.

That same day a member of the jury was discharged as they had interstate travel plans.

Earlier on Monday Judge Shead informed the jury a second member of their cohort had been discharged following on from the northern beaches complications, bringing them down to 10.

During the trial, jurors were played police interviews of the nine young girls and pre-recorded videos of the girls giving evidence in court. Other witnesses included their parents, police, experts, and workers from the swimming centre.

Mr Daniels was one of the final witnesses, telling the court the crimes “did not happen”. He said he did not push any student on the vagina, which three girls alleged, never put his hand inside the swimmers of any student, and touched no child on or near the genitals.

Crown prosecutor Karl Prince said those denials should be rejected.

Mr Prince said in a closing address Mr Daniels “opportunistically engaged” in a pattern of offending behaviour “despite the high risk of being caught”, and he did so “for his own sexual gratification.”

The parties will return to court on February 15 to discuss a new trial date.