Mosman swim instructor Kyle Daniels faces 28 additional charges over alleged sexual abuse
Two young swim students who were allegedly sexually abused by an instructor during their lessons complained to their parents nine months ago but his employer at a Mosman swim centre took no serious action, a court has heard.
Two young swim students who were allegedly sexually abused by an instructor during their lessons complained to their parents nine months ago but his employer took no serious action, a court has heard.
Police laid 28 new charges against former Knox Grammar prefect Kyle Daniels today in Manly Local Court, taking the number of charges against him to 31.
The 20-year-old allegedly attacked eight girls, aged six to 10, at Mosman Swim Centre from June last year. Daniels strongly denies the allegations and that the touching was sexual in any way.
The court heard after two sisters, aged six and eight, complained last June,
Daniels was placed under supervision and a “cuddle ban’’ was imposed on him.
He agreed he would not cuddle or hold children close to the groin or chest as the swim school told him he must keep his hands above the water and to stand next to, not behind, the children, the court heard.
“In recent weeks we have observed some unorthodox hands-on instruction,” a “customer feedback” form read out in court said.
Daniels signed an internal swim school memo dated to mid-August 2018 which covered the appropriate handling of children.
“As instructors, it is extremely important that we are aware and using the correct technique to hold and interact with children,” the memo by Mike Conna said.
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Finally being overly playful and unnecessarily hands on was also highlighted.
“We are teachers and there to instruct,” the memo said.
“Please remember this and use your correct judgment and as always follow lesson plans.
“While it is acknowledged that any behaviour contrary to the above is no doubt unintentional, we need to ensure the wellbeing of both our customers and our employees.”
He spent a week behind bars after being charged last week but was today granted bail on a $100,000 surety.
Daniels’ employment at the swim school was suspended earlier this year when investigations began.
Magistrate Daniel Reiss said some of the sexual intercourse allegations occurred after the first complaints and during his supervision.
Daniels’s lawyer Todd Alexis argued that it was “glaringly improbable” that Daniels “would do such a thing in a public swimming pool”.
In response Mr Reiss referenced the recent sentencing of Cardinal George Pell for sexual abuse.
“We have a cardinal who is in jail,” Mr Reiss said.
Mr Alexis said the children’s mother was present at the side of the pool and his client’s actions had been “misconstrued” by the girls.
Crown Prosecutor Matt Karpin said the public nature of the allegations was not unusual in offences of this sort as it was a “high-risk game that is a feature of the gratification”.
He added the complainants were vulnerable young people who were all in a position where Daniels held authority over them.
The extra charges include eight counts of sexual intercourse with a child under 10, six counts of intentionally sexually touch child under 10 and 14 counts of indecent assault person under 16 years of age.
The Sydney University student’s parents James and Janine, his twin brother Liam, were in court as he appeared on video link. His mother blew him a kiss and his brother smiled at him from the courtroom as he smiled back.
The case returns to court on May 8.
SWIM SCHOOL MEMO
Swim coach Kyle Daniels agreed he would not hold children close to the groin area during lessons last year, court papers revealed.
Mr Daniels signed an internal swim school memo dated to mid-August 2018 which covered the appropriate handling of children.
In the statement the school stated it had noticed “unorthodox hands-on instruction” in the pool in the weeks previous.
“As instructors, it is extremely important that we are aware and using the correct technique to hold and interact with children,” the memo said.
Mr Daniels was told to observe three main points.
The school warned him not to hold children close to the groin or chest area when demonstrating hands-on correction. He was told he must have his hands above the water and in an appropriate position. When demonstrating the breaststroke kick he was told to position himself to the side of children and not directly behind.
Secondly he was told that unnecessary cuddling can be concerning to some parents. The school acknowledged that sometimes crying children need a cuddle.
Finally being overly playful and unnecessarily hands on was also highlighted.
“We are teachers and there to instruct,” the memo said.
“Please remember this and use your correct judgment and as always follow lesson plans.
“Whilst it is acknowledged that any behaviour contrary to the above is no doubt unintentional, we need to ensure the wellbeing of both our customers and our employees.”
Mr Daniels signed the memo stating he had read and understood the communication.
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