Dozens of sexual abuse charges laid against swim instructor Kyle James Henk Daniels
A swim club sent a memo telling staff not to touch children near the groin after receiving a sex assault complaint against a teacher.
A Sydney swimming club sent a disturbing memo to staff members warning about “unorthodox hands-on” instruction techniques shortly after a sexual assault complaint was filed against one of its teachers.
Kyle James Henk Daniels, 20, now stands accused of sexually abusing eight girls aged between six and 10.
He had 28 new charges laid against him in court today after allegations of sexual abuse committed while he was a swim teacher at Mosman on Sydney’s lower north shore.
Mr Daniels, who faces years in prison if convicted, was arrested earlier this month after first being accused of sexually abusing two girls, aged six and eight, on separate occasions during swimming lessons at a Mosman pool. The first alleged incident took place at the pool in June 2018.
A Mosman Swim Centre internal memo, dated August 14, states that “unorthodox hands-on” instruction techniques in the pool had been “observed” in “recent weeks”.
The document, which was submitted as part of court proceedings and seen by news.com.au, then outlines three key rules for three instructors.
“As instructors, it is extremely important that we are aware and using the correct technique to hold and interact with children,” the memo reads.
“1. DO NOT hold children close to the groin and/or chest area.”
It goes on to say that instructors should always have their hands above water and in an “appropriate” position on their bodies, and adds that instructors should not position themselves behind the children at any time.
It goes on to state: “2. CUDDLING. While it is acknowledged that crying children sometimes need a cuddle, unnecessary cuddling can be concerning to some parents. Use your discretion.
“3. Being overly playful and unnecessarily hands-on. We are teachers and there to instruct.”
Mr Daniels was allowed to keep his $27-an-hour job despite a complaint being made, and later was charged with two counts of intentionally sexually touching a child under 10 years, and sexual intercourse with a child under 10 years.
He was granted bail in Manly Court today, where his lawyer said he “strongly denies” all the allegations made against him.
Defence lawyer, Todd Alexis, told the court his client’s touching of the children was “unlikely to have been sexual in nature” when “viewed objectively”.
One six-year-old girl said the instructor touched her while they were in the pool.
Mr Alexis said Mr Daniels was simply helping the girl learn backstroke using a paddleboard.
“The applicant (Mr Daniels) allegedly said ‘put your tummy up’ as he ‘pushed her off’,” Mr Alexis told court.
He said it was likely what the alleged victim felt was her swimming costume becoming wedged between her legs during the backstroke motion.
Mr Daniels, a former private schoolboy, now faces 31 child sex charges for allegedly assaulting eight young girls. Those charges include eight counts of sexual intercourse with a child under 10, six counts of intentionally sexually touching a child under 10, and 14 counts of indecent assault of a person under 16 years of age.
He is accused of committing the abuse on separate occasions between June 2018 and March 2019 during lessons at the Mosman pool.
His parents, James and Janine, and twin brother, Liam, were in the courtroom today.
Mr Daniels appeared in court via video link today wearing a black T-shirt. He listened with his head bowed as his parents stood holding hands in the courtroom.
His mother looked distraught, with tears in her eyes. She blew her son a kiss and mouthed “I love you” as he appeared on the screen.
Mr Daniels smiled when the magistrate, Daniel Reiss, mentioned his twin brother, who was also in the courtroom. His sibling waved at the screen.
The court heard a parent of one of the children at the swimming club made a complaint against the accused “in the middle of last year”.
The court heard that after the complaint Mr Daniels was told by Mosman Swim Club to adjust his unorthodox hands-on instructions.
“Don’t hold children close to the groin and chest area,” he was told.
Mr Alexis, told the court it wasn’t clear his client’s actions were sexual in nature.
However, the magistrate added it was “obvious what we’re dealing with — it’s alleged inappropriate touching of a young child”.
Mr Alexis said the claims against his client were “glaringly improbable, given there were other teachers around and life guards on duty”.
The magistrate referenced Cardinal George Pell, who was found guilty of sexually abusing two boys, in his reply.
“We have a cardinal who is now in jail and the allegations against him were once seen as impossible or improbable,” he said.
The magistrate went on to describe the allegations as very serious and very concerning. He added that the accused was lucky to have been granted bail.
“People who know Mr Daniels are shocked by the allegations, but the nature of these things seems to be that they are unknown and unseen and that’s why people are shocked by them,” the magistrate said.
“He’s very fortunate to be granted bail in this circumstance.”
The defence claimed Mr Daniels had been subject to “events that are a problem” during his seven days in jail.
These “events” took place “after a correctional services officer read out his charges in front of the other inmates”, the defence claimed.
Mr Daniels is the son of prominent advertising executive James Daniels, who was until recently the global creative director of renowned agency Saatchi & Saatchi.
He had worked as a casual swim instructor at Mosman Pool for two years, police said.
On his social media profiles, Mr Daniels describes himself as a sprint swimmer with the nickname “Togs”. He also played water polo.
He and his twin brother attended the prestigious Knox Grammar School in Sydney’s north where tuition fees are about $30,000 a year.
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