The jury in the trial of Sydney swimming coach Kyle Daniels has been discharged after failing to reach a verdict for the majority of his child sexual abuse charges.
Key points:
- Two jurors were dismissed because of travel plans and COVID-19
- The remaining 10 were deadlocked with no prospect of a resolution
- Jurors in the seven-week sexual abuse case, involving nine girls, were offered counselling
Mr Daniels pleaded not guilty to 26 charges related to nine young girls who he taught at the Mosman Swim Centre between 2018 and 2019.
The 22-year-old was last week acquitted of five charges, including sexual intercourse with a child, but the jurors have insisted there is a “deadlock” on the remainder.
Judge Kara Shead discharged the jury after the foreman gave evidence there was no prospect of agreement.
It follows a seven-week trial in the NSW District Court.
“I know that must be, perhaps for some or all of you, a relief,” Judge Shead said.
“I know you have applied your very careful consideration.”
Judge Shead also told the panel there was counselling available, given the “difficult” subject matter of the trial.
A panel of 10 persevered with deliberations after two jurors were discharged — one due to travel plans and another who was stuck in the COVID-affected Northern Beaches region.
The initial not-guilty verdicts were returned after the jury deliberated for less than a day.
During the trial, crown prosecutor Carl Prince accused Mr Daniels of opportunistically acting on an interest in the girls for his own “sexual gratification”.
The court heard the complainants were aged between five and 10.
Mr Daniels rejected each specific allegation put to him under cross-examination and said he had “absolutely not” touched any of them inappropriately.
The court watched pre-recorded video evidence from all nine complainants, who were interviewed by police and were cross-examined in pre-trial hearings.
They variously recalled feeling “weird”, “confused” and “creeped out” when their teacher allegedly touched them in the pool.
The initial complaints related to two girls before more came forward.
Mr Daniels’ lawyers highlighted inconsistencies in the complainants’ evidence and questioned whether their accounts had been contaminated, including by hearsay and media reporting.
When he stepped into the witness box, Mr Daniels told the jury he was “in disbelief” and “dumbfounded” about the allegations following his March 2019 arrest.
He also said police officers at Manly Police Station called him a “disgusting paedo” and laughed about what they thought would happen to him in prison.
The court also heard evidence from the girls’ parents, some of whom broke down recounting how their daughters disclosed the alleged abuse.
Defence barrister Les Nicholls strongly criticised the conduct of the officer in charge of the investigation, Detective Senior Constable Emma Lay.
He accused her of altering the wording on a police statement and using leading questions in her interviews with the young girls.
Mr Daniels described his job as a swimming teacher as “incredibly rewarding” because he was able to see students acquire skills he taught.
