The jury in the trial of Kyle Daniels has been discharged. The former Sydney swim coach denies intentionally touching any student inappropriately.
The jury in the sexual abuse retrial of Sydney swim coach Kyle James Henk Daniels has been discharged after being unable to reach verdicts on 11 charges.
Prosecutors must now decide whether to put the 24-year-old on trial for a third time.
“It’s quite a complicated matter,” crown prosecutor Tony McCarthy told the district court.
Daniels, who denies intentionally touching any student inappropriately during lessons in 2018 and 2019, had already been acquitted of 10 sexual abuse charges, including five alleging sexual assault.
One of those not guilty verdicts was delivered on Monday morning by a 10-1 verdict.
But saying it had applied all efforts and judicial directions to persevere, the 11-person jury remained split on 11 remaining sexual touching and indecent assault charges.
“We remain divided on all remaining counts,” jurors said in a note.
Judge Kara Shead, the crown and Daniels’ barrister Les Nicholls agreed the only option was dismissing the jury, particularly considering numerous previous directions to keep trying to reach a verdict.
Shead said: “The jury have been given every opportunity to [reach verdict] including one over the weekend to have individual, calm considerations.”
The Mosman swimming instructor had faced a weeks-long trial over allegations he sexually touched nine female students, aged between six and 10 years old, during swimming lessons in 2018 and 2019.
The crown said the significant commonality between the girls’ accounts showed the alleged events were no coincidence, claiming the swim coach took the opportunity to act on a sexual attraction to girls during lessons.
But Daniels’ lawyer argued that if any touching occurred, it was fleeting, accidental or inadvertent and said police officers, the media and parents had contaminated the girl’s memories and evidence.
Daniels was arrested in early 2019 after two girls’ families raised concerns.
His arrest prompted further girls to come forward.
Daniels was acquitted last week of five counts of sexual intercourse with a child under the age of 10 and four sexual touching charges.
Some were alternative counts to more serious charges.
The decision on whether to proceed with a third trial will be made on the advice of the Director of Public Prosecutions or her deputies.
The matter will return to court in four weeks, when prosecutors are expected to announce what that advice is.
