A jury in the trial of former Sydney swim coach Kyle Daniels has been released after being acquitted of 10 sexual abuse charges, but remains divided on the others.
- A jury this morning acquitted Daniels of one more count.
- The jury said there was “no chance of resolution” on the other charges.
- Judge Kara Shuhed thanked the jury for their diligent service
Mr Daniels pleaded not guilty to 21 charges in NSW District Court.
The 24-year-old was accused of having inappropriate sexual contact with nine young female students while working as a part-time swim instructor at Mosman Swimming Center in 2018 and 2019.
A jury last week acquitted him of nine charges, including five of having sex with a child under the age of 10.
Four of those verdicts came after the panel indicated it was unable to reach consensus, with Judge Kara Shead saying Friday that she accepts the majority, which means all but one. rice field.
Daniels was acquitted this morning on another count of sexually touching a child under the age of 10, but the jury said in a memo to the judge that the other charges were “not likely to be resolved.” said.
Judge Shead urged them to participate in the dispassionate and objective discussion and to continue the deliberations.
“I understand there is a certain frustration in the jury room,” the judge said.
Shortly thereafter, another jury memo informed the judge that it remained divided, and the panel was dismissed.
The judge said the right to be tried by a jury was a “precious right.”
“Citizen and community participation is a fundamental part of the NSW justice system,” said Shead.
“May I express my gratitude to the court for your diligent service?”
The judge said that meant the trial would end without a verdict on the outstanding charges.
She said there would normally be a retrial, but this is a matter for the Director General of the Public Prosecutor’s Office.
The charges that left the jury split were five counts of lewd assault and six counts of sexual contact.
During the trial, the court heard that Mr. Daniels allegedly touched petitioner outside or inside the swimmer during a lesson.
The Crown claimed that this was allegedly done “for his sexual gratification” each time, and that the swimming lessons provided an opportunity for Mr. Daniels to act on his interest in the girls.
The court heard evidence from a young plaintiff who claimed Mr. Daniels’ attorneys had been affected or contaminated.
They suggested that the parents who came forward after Mr. Daniels’ arrest were influenced by the incident they saw in the media, which in turn affected their children.
There was also no evidence of sexual arousal, satisfaction or grooming, according to his legal team.
Mr. Daniels was described as consistently unwavering in his evidence that he did not knowingly or intentionally touch a student inappropriately.
https://www.abc.net.au/news/2022-10-24/kyle-daniels-sydney-swim-coach-jury-discharged/101569270 Swimming coach Kyle Daniels juror released after acquitting 10 charges