Kyle Daniels trial: Jury clears swim coach of 5 out of 26 charges
The jury in the trial of Kyle Daniels has acquitted the swim coach of a handful of child sex charges but have been sent home after a tumultuous day of deadlocks and disagreements over the remaining 21 allegations.
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The jury in the trial of Kyle Daniels has acquitted the Mosman swim coach of a handful of child sex charges but have been sent home after a tumultuous day of deadlocks and disagreements over the remaining 21 allegations.
Daniels, 22, pleaded not guilty in the NSW District Court trial to 26 charges stemming from allegations made by nine young girls.
The children had alleged the swim coach had touched them near, on or inside their private areas during swimming lessons between 2018 and 2019.
The painstaking seven week trial began with the jury listening to hours of prerecorded interviews between the children, child abuse detectives and lawyers.
Their parents, too, gave evidence about how they first made the disclosures about Daniels’ alleged abuse.
Police, swim centre staff and child psychologists were also called to explain everything from Daniels’ coaching style to how memories record trauma.
But the 12 members of the jury – from the beginning of their deliberations – have been divided on the evidence, the court has heard.
Judge Kara Shead SC sent the jury out early on Thursday morning telling them to use their own experiences and common sense to rule on the truth of the evidence for or against Daniels.
But just 90 minutes later they sent her a note – they were unable to agree.
The judge brought the jury back into the room and explained more time often leads to juries reaching consensus before sending them back to deliberate.
She urged them to be calm and objective in listening to each other but warned them not to give up on their own views in order to please the others.
Another 90 minutes later the judge was given a second note – the jury had reached a verdict on five of the 26 charges.
All five charges related to one girl who the prosecution allege Daniels penetrated with his finger multiple times in late 2018.
They found him not guilty of four counts of sexual intercourse with a child under 10.
They also found him not guilty of one count of assault with an act of indecency against the same girl.
Daniels blinked slowly as he was cleared of each count.
His parents, who have supported him throughout the trial, sat with their hands clasped together in the public gallery as the verdicts were read out.
Daniels’ twin brother, Liam, entered the room as his brother sat down in the dock – partially cleared.
The jury were sent out of the room.
During the afternoon they appealed to Judge Shead again saying they remained at a deadlock with no possible way of reaching a consensus.
There are still 21 charges remaining covering all nine girls.
Judge Shead sent the jury home at about 3pm and ordered them to return in the morning to continue their deliberations on Friday.
“I’m going to ask you to persevere with your deliberations,” she told them.
“As you said in your first note this is a seven week trial you have a great deal of evidence to consider.”
The police case against Daniels boiled down to a central claim – that nine young girls all making similar allegations would not be a coincidence.
Instead, Crown Prosecutor Karl Prince told the jury, Daniels was a brazen child abuser who offended just metres from his victim’s parents.
Daniels’ barrister, Les Nicholls, drew the jury toward inconsistencies in the evidence of the children and their parents.
Many girls forgot details, including Daniels’ name, some made entirely false claims like the swim coach was touching children from all over the world and was caught on camera.
Mr Nicholls also blasted the police investigation and its lead Detective, Emma Stewart, as contaminated and inappropriate from the get-go.
The barrister said the word “bottom” changed to the word “vagina” in one of the parent’s sworn statements and reminded the jury Daniels had to prove nothing when he took the witness box and denied every charge.
The deliberations will continue on Friday.
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