Mistrial declared for trial of alleged child sex offender Daniel Thomas McWhir

A jury has been discharged in the trial of a soldier who was charged with a string of child sex offences after allegedly procuring explicit content from a young girl.

The trial of a soldier who allegedly messaged a 14-year-old girl online and received explicit photos from her has been declared a mistrial before it even started.

Daniel Thomas McWhir hit a roadblock this week in Townsville District Court on Wednesday after a legal issue arose with prerecorded evidence.

On Tuesday morning a jury was empanelled and then immediately sent home so counsel could deal with a number of legal issues.

However the court came to the decision to discharge the jury on Wednesday morning.

Judge John Coker apologised to the jury for the inconvenience.

“Sometimes trials just develop a life of their own and the direction that no one necessarily anticipates at the time but as a result of the determinations yesterday, the trial is not proceeding and I will formally discharge you,” he said.

The Army sergeant was first arrested at Lavarack Barracks in 2022 and was charged with indecent treatment of a child, using the internet to procure a child under 16 and possessing child exploitation material.

Police alleged Mr McWhir used the social media platform Instagram to contact a 14-year-old girl, who was not known to him.

He allegedly had a conversation with the child to perform sexual acts in exchange for money and told her to keep their conversations private.

Police used an internet protocol (IP) address and an email account linked to the Instagram page to identify Mr McWhir.

When they arrested the 33-year-old, police said he initially told them he only used one Instagram account but later found three that were connected to him.

An investigation also allegedly found bank statements which showed money transfers between Mr McWhir and the girl’s bank account.

Mr McWhir pleaded not guilty on Tuesday to all charges and was released on bail after the mistrial was declared.

The date is unknown for when the case will face court again.

Originally published as Mistrial declared for trial of alleged child sex offender Daniel Thomas McWhir