Jury discharged after acquitting Sydney swimming instructor of 10 charges

A NSW District Court jury in the trial of former Sydney swimming teacher Kyle Daniels has today been discharged after acquitting him of 10 sexual abuse charges, but remaining divided on 11 others.

Daniels, aged 24, had pleaded not guilty to 21 charges of child sexual abuse and faced a 10-week trial in Sydney. The Crown alleged he had a sexual interest in young girls and acted on it by touching the vaginas of nine students during lessons at Mosman Swim Centre in 2018 and 2019.

During his two days in the witness box, Daniels repeatedly said, “it did not happen”.

Having cleared Daniels of nine charges at the end of last week, the Downing Centre District Court jury today resumed deliberations on remaining 12 charges - five counts of indecent assault and seven of intentionally sexually touching a child - related to five girls, aged between five and 10.

Daniels was this morning acquitted of one further count of sexually touching a child under the age of 10, but in a note to the judge, jurors indicated there remained "no prospect of resolution" on other charges.

The charges over which jurors remained divided were five counts of indecent assault and six of sexual touching.

While Judge Kara Shead urged the jury to continue deliberating and participating in calm, objective discussion, she acknowledged "I understand there will be a level of frustration in the jury room."

Soon after, the foreperson advised that they remained divided, and the panel was discharged.

Judge Sheard went on to state “I have determined to discharge you at this stage

“The trial will conclude without verdicts in relation to those counts.”

She expressed appreciation for the diligence of the jurors and the “difficult task” they had faced.

No verdicts were returned on five counts of indecent assault and six counts of sexual touching.

The judge told the jury the next steps were a matter for the Director of Public Prosecutions, and “ordinarily” there would be a retrial.

Prosecution of the 11 charges on which the jury could not decide is likely to return to Court at a later date.

Image: Luke Daniels.