Ex-swim teacher Kyle Daniels could face a fresh trial over sexual touching allegations

Ex-Sydney swim teacher Kyle Daniels will have to wait for a final resolution of allegations he sexually touched underage girls during lessons.

Ex-swim instructor Kyle Daniels will have to wait for a final resolution of his criminal matter after a jury was unable to reach a verdict on over half of allegations he sexually touched underage girls.

Mr Daniels will continue to live with his parents in Balgowlah on Sydney’s Northern Beaches under strict bail conditions while he waits to hear whether a fresh trial will be called.

On Monday, the jury was discharged by Judge Kara Shead following a two-month trial in which prosecutors alleged Mr Daniels touched the girls’ private areas for his sexual gratification.

“What that means is that the trial will conclude without verdicts in relation to those counts,” Judge Shead said in discharging the jury.

In discharging the jury, Judge Shead said whether or not Mr Daniels faces a retrial was a matter for the Department of Public Prosecutions.

She noted evidence given by complainants to police was pre recorded and as such could be played to juries in any further trials without involving the alleged victims.

A spokesperson for the DPP told NCA NewsWire the department would “consider the matter in accordance with our Prosecution Guidelines and determine the next steps”.

The Department of Public Prosecutions will decide whether ex-swim teacher Kyle Daniels will face a fresh trial after a jury failed to reach a verdict on half of the charges against him. NSW Picture: NewsWire / Monique Harmer

To the obvious relief of Mr Daniels and his family, the 24-year-old was found not guilty on 10 of the other counts against him, with the jury delivering verdicts on five, four and one charge over the course of Thursday, Friday and Monday respectively.

These included the most serious allegations he had inserted his fingers inside the vaginas of some of the girls, which under the law were charged as sexual intercourse with a child under 10.

Of the 21 charges Mr Daniels pleaded not guilty to, the jury failed to return a verdict for six counts of sexual touching of a child and five counts of indecent assault.

Mr Daniels and his family did not visibly react to the news, as it was announced to the court on Friday.

Following the decision, Mr Daniels left the court with his parents who he will continue to reside with as a condition of his bail.

While 11 charges remained undecided, Mr Daniels was cleared of ten others, including the most serious sexual intercourse allegations. NSW Picture: NewsWire / Monique Harmer

Mr Daniels must also not seek out the company of people under the age of 16 other than immediate family, and avoid locations frequented by children including pools, beaches, schools and playgrounds.

The court did see fit to adjust Mr Daniels bail so he is no longer required to report to police once a week.

Mr Daniels’ lawyer Leslie Nichols noted his client hadn’t breached any of his bail conditions in over two and a half years and that his parents had agreed to pay a significant surety of $200,000 if he did.

A court mention date was set for December so parties in the current trial could discuss any further matters, which Mr Daniels was not required to attend.