Kyle James Henk Daniels: Mosman swim coach may face third trial after jury discharged

A former Sydney swimming teacher now faces an anxious month to wait to see if prosecutors will demand a new third trial on charges of child sex.

Kyle James Henk Daniels, 24, has denied intentionally touching a student inappropriately during classes in 2018 and 2019, and has been cleared of 10 sexual assault charges, including five alleged assault.

The jury of the two-month retrial of sexual abuse was dismissed Monday by Judge Kara Shead after it was unable to rule on 11 remaining charges.

With his fate now in the hands of the State Attorney’s Office, Daniels must still meet strict bail conditions while he awaits their call regarding a new retrial.

He has to live with his parents in Balgowlah on Sydney’s Northern Beaches, do not seek the company of young people under the age of 16 than the immediate family and avoid places where children come, such as swimming pools, beaches, schools and playgrounds.

But he no longer has to report weekly to the police as part of his amended bail conditions.

Kyle James Henk Daniels (pictured right with his father) has to stay with his parents while he waits for a decision on a possible retrial

His attorney Leslie Nichols noted that Daniels hadn’t breached bail terms in more than two and a half years, adding that his parents agreed to pay a $200,000 bond if a bail was breached.

Judge Shead told the court on Monday that it is up to the DPP to determine whether Daniels has yet to face a new trial.

“It’s quite a complicated case,” Crown Prosecutor Tony McCarthy told the court.

A spokesperson for the department said it would “consider the matter in accordance with our prosecution guidelines and determine next steps.” NCA NewsWire reported.

Judge Shead noted e . onthe evidence given to the police by the complainants was pre-recorded and could be played back to juries in future trials without involving the alleged victims.

The case will go to trial in four weeks, when prosecutors are expected to issue their advice on whether or not a third trial will go ahead.

The jury in the new sexual abuse trial of Sydney swimming coach Kyle James Henk Daniels (pictured) was fired on Monday and could not rule on 11 remaining charges

Daniels, who denies intentionally touching a student inappropriately during class in 2018 and 2019, has been cleared of 10 sexual assault charges, including five for assault

One of the 10 innocent verdicts was handed down Monday morning by a 10-1 verdict.

But the 11-member jury said it had made every effort and court order to persevere, but remained divided over 11 charges of sexual contact and indecent assault.

“We remain divided on all remaining points,” the judges said in a note.

Judge Shead, the Crown and Daniels’ attorney all agreed that the only option was to dismiss the jury, especially given the many clues to keep trying to reach a verdict.

“I think it’s the fifth time, so unfortunately I’d agree with the Crown,” Nicholls said.

Judge Shead said: “The jury has been given every opportunity to (reach a verdict), including one over the weekend to have individual calm deliberations.”

She expressed her appreciation to the judges for their diligent efforts in the “difficult task” they faced.

“The participation of citizens and community members is a fundamental part of the justice system in NSW,” added Judge Shead.

Daniels had faced a lengthy lawsuit over allegations that he sexually touched nine female students during swimming lessons in 2018 and 2019.

The girls were between six and ten years old.

Daniels had undergone a weeklong trial over allegations that he sexually touched nine female students during swimming lessons in 2018 and 2019.

The Crown said the significant similarities between the girls’ stories showed that the alleged events were not a coincidence, claiming that the swim coach took the opportunity to sexually attract girls during classes.

But Daniels’ attorney argued that if anything was touched, it was fleeting, accidental or unintentional and said police officers, the media and parents had tainted the girl’s memories and evidence.

The now 24-year-old was arrested in early 2019 after two girls’ families expressed concerns.

His arrest subsequently led to more girls coming forward.

Daniels was acquitted last week of five charges of sexual intercourse with a child under the age of 10 and four charges of sexual contact.

Some were alternate counts for more serious charges.

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