Retrial scheduled after deadlocked jury dismissed in Sydney swim teacher’s sexual abuse trial

The jury in the trial of Sydney swimming teaching Kyle Daniels has been discharged after failing to reach a verdict for the majority of his child sexual abuse charges.

With Daniels acquitted on five charges on Thursday, the trial of the former Sydney swimming instructor will return to the NSW District Court in February after the jury was discharged because it could not reach a verdict on 21 outstanding sexual abuse charges.

With two jurors in the seven-week sexual abuse case dismissed because of travel plans and COVID-19, the remaining 10 were deadlocked with no prospect of a resolution.

Daniels, a former Knox Grammar School pupil, pleaded not guilty to 26 charges related to nine young girls who he taught at the Mosman Swim Centre between 2018 and 2019.

The 22-year-old was last week acquitted of five charges, including sexual intercourse with a child, but on Monday acknowledged it could not reach a verdict on the outstanding charges.

Judge Kara Shead told the remaining 10 jurors on Monday “I know you’ve applied your very careful attention and considered approach to your verdicts.”

Judge Shead also told the panel there was counselling available, given the "difficult" subject matter of the trial.

The allegations related to one young girl who said it felt like his hands were “digging into her private parts” when his fingers slipped underneath her swimming costume.

During a seven-week trial, Daniels denied opportunistically touching students aged between five and 10 on or near their genitals for his own sexual gratification while instructing them between February 2018 and February 2019.

The Crown argued the 23 incidents over 13 months showed a pattern of behaviour in which Daniels brazenly took advantage of the students under his care.

The Court watched pre-recorded video evidence from all nine complainants, who were interviewed by NSW Police and were cross-examined in pre-trial hearings.

They variously recalled feeling "weird", "confused" and "creeped out" when their teacher allegedly touched them in the pool.

The initial complaints related to two girls before more came forward.

Daniels rejected each specific allegation put to him under cross-examination and said he had "absolutely not" touched any of them inappropriately.

His defence argued parents lied and changed their evidence after mistakenly believing he had abused their daughters, highlighting inconsistencies in the complainants' evidence and questioned whether their accounts had been contaminated, including by hearsay and media reporting.

When he stepped into the witness box, Daniels told the jury he was "in disbelief" and "dumbfounded" about the allegations following his March 2019 arrest.

He also said police officers at Manly Police Station called him a "disgusting paedo" and laughed about what they thought would happen to him in prison.

Daniels described his job as a swimming teacher as "incredibly rewarding" because he was able to see students acquire skills he taught.

Image: Kyle Daniels at Knox Grammar School.