Accused swim teacher Kyle Daniels’ defence claims accusations ‘defy logic’

Kyle Daniels’ lawyer has told a court the accusations against his client of sexually touching his young female students “defy commonsense”.

The allegations against a Sydney swim teacher accused of touching young girls during his lessons “defy common sense” due to one parent being just half a metre from his child when the alleged abuse took place, a court has heard.

Kyle Daniels is facing trial over 21 charges relating to sexually touching nine young girls he taught at the Mosman Swim Centre on Sydney’s lower north shore between 2018 and 2019.

The 23-year-old’s defence gave closing addresses on Thursday in relation to the allegations of touching the girls, under 10, both on top and underneath their swimming costumes and sexually penetrating girls with his finger on five occasions.

Mr Daniels has pleaded not guilty to five counts of sexual intercourse with a child aged under 10, eight counts of sexual touching of a child and eight counts of indecent assault, including two considered alternative charges.

Kyle Daniels is accused of touching several young girls at Mosman Swim centre. Picture: NCA Newswire / Gaye Gerard

He finished giving evidence on Tuesday and told Crown prosecutor Tony McCarthy he rejected all allegations against him.

The Crown alleges Mr Daniels had a sexual interest in young girls and acted on that by touching the children inappropriately.

Defence barrister Leslie Nichols in his address on Thursday said what his client is accused of doing “defies logic” given the circumstances in which the lessons took place.

These conditions, he said, included frequent splashing “not flat water” and watchful parents who were poolside.

“How easy is it to falsely accuse someone of doing something when you don’t have all the facts?” Mr Nichols said.

“They had to prove he had knowledge and intent to do these things.

“From that perspective, would there not have been a chance of detection ‘at any time’. The answer would have to be yes.”

Mr Nichols went on to say any teacher carrying out such touching would “defy commonsense” due to the unpredictability of how children could react.

Kyle Daniels is accused of sexually assaulting young girls in 2018 and 2019. Picture: Instagram

Kyle Daniels being arrested at his Balgowlah home in 2019. Picture: NSW Police

“The instructor would have no way of knowing how a child would physically react to touching outside of normal interaction,” he said.

“Adult fingers up to the knuckle through a swimming costume while a child is swimming; in your mind, would it not be reasonably expected that a child would reasonably react?

“Even if you did it to a fully grown adult there would be a physical reaction.

Mr Nichols added: the children did “nothing” and “just keep swimming”.

“It just defies commonsense from any point of view,” he said.

Mr Nichols said one of the alleged victim’s fathers was sitting near her when the alleged touching occurred, due to it being her first lesson and first time swimming with Mr Daniels.

“The father sits on the bulkhead of the pool half a metre (away) watching intently because she’s nervous,” he said.

“The very first time (Daniels is) hands on, I’m going to touch her in her vagina … it’s incomprehensible; it defies logic.”

Kyle Daniels arriving at court in Sydney with his parents. Picture: NCA Newswire / Gaye Gerard

Crown prosecutor Tony McCarthy said in his closing address “it was clearly brought” to Mr Daniels’ attention in August 2018 that he needed to adjust his hold on children and there had been a report of an inappropriate hold by a parent.

He signed a form saying he needed to change the hold on the children “ASAP”.

“We know there were another six girls who made complaints after that period,” Mr McCarthy said.

“There’s no evidence any of these children discussed (this) with each other.”

Mr Daniels had been working part-time as an instructor while attending university.

He was arrested on 12 March, 2019.

Following his arrest, police appealed for further information from parents associated with the swim school and received complaints from other alleged victims.

The trial before Judge Kara Shead continues.