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

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

A former Sydney swim instructor must now wait one month to see whether prosecutors would request a third trial on child sex allegations.

The fate of former swim coach Kyle James Henk Daniels (pictured leaving court with his mother) now lies in the hands of the Department of Public Prosecutions

Kyle James Henk Daniels, 24 years old, denies knowingly touching any pupil inappropriately during classes in 2018 and 2019, and has been acquitted of ten counts of sexual abuse, including five counts of sexual assault.

Judge Kara Shead excused the jury of the two-month-long sexual abuse case on Monday after it was unable to reach verdicts on 11 remaining charges.

As his destiny is now in the hands of the Department of Public Prosecutions, Daniels must continue to adhere to stringent bail conditions as he awaits their decision on a second retrial.Kyle James Henk Daniels (pictured right with his father) must continue living with his parents as he waits for a decision regarding a possible fresh trial

He must continue to reside with his parents in Balgowlah on Sydney’s northern Beaches, refrain from associating with minors outside of his immediate family, and avoid pools, beaches, schools, and playgrounds.

As part of his modified release conditions, he is no longer required to report to police every week.

The Department of Public Prosecutions is currently deciding the fate of former swim coach Kyle James Henk Daniels (seen leaving court with his mother).The jury in the sexual abuse retrial of Sydney swim coach Kyle James Henk Daniels (pictured) was discharged on Monday, unable to reach verdicts on 11 remaining charges

Kyle James Henk Daniels (shown on the right with his father) must continue to reside with his parents until a decision on a potential new trial.

His attorney, Leslie Nichols, stated that Daniels had not violated any bail conditions in over two and a half years, and that his parents had promised to pay a $200,000 guarantee if he did.

Monday, Judge Shead informed the court that a second retry of Daniels will be at the discretion of the District Attorney.

Crown prosecutor Tony McCarthy told the District Court, ‘It’s a fairly intricate topic’Daniels, who denies intentionally touching any student inappropriately during lessons in 2018 and 2019, had been acquitted of 10 sexual abuse charges, including five alleging sexual assault

NCA NewsWire said that a department representative stated that the department would “examine the matter in accordance with our Prosecution Guidelines and determine the next measures.”

Judge Shead remarked that evidence provided by complainants to police was prerecorded and might be shown to juries in future cases without the alleged victims’ participation.

In four weeks, the case will return to court, at which time prosecutors are expected to advise on whether to proceed with a third trial.

On Monday, the jury in the sexual abuse retrial of former Sydney swim coach Kyle James Henk Daniels (pictured) was discharged, failing to reach verdicts on the 11 remaining charges.

Daniels, who denies knowingly touching any kid inappropriately during classes in 2018 and 2019, was found not guilty of ten counts of sexual abuse, including five counts of sexual assault.

On Monday morning, one of the ten not guilty judgments was rendered by a 10-1 vote.

The 11-person jury remained divided on 11 counts of sexual contact and indecent assault, despite stating that it had exhausted all attempts and followed legal directives.

In a letter, jurors stated, “We are still divided on all remaining counts.”

Judge Shead, the Crown, and Daniels’ attorney all agreed that the jury must be discharged, especially in light of the multiple directives to continue trying to reach a judgment.

Mr. Nicholls stated, “I believe this is the fifth time, so I must regretfully concur with the Crown.”

Judge Shead remarked, “The jury has been afforded every chance to (get a verdict), including a weekend to engage in calm deliberation.”

She thanked the jurors for their conscientious service despite the ‘challenging challenge’ they faced.

The participation of individuals and community members is vital to the legal system in New South Wales, according to Judge Shead.

In 2018 and 2019, Daniels was accused of having sexual contact with nine female students during swimming sessions.

The girls ranged in age from six to ten years old.

In 2018 and 2019, Daniels was accused of sexually touching nine female students during swimming sessions. His trial lasted several weeks.

The Crown argued that the similarities between the girls’ statements proved that the alleged occurrences did not occur by chance, arguing that the swim coach took advantage of his sexual interest to the girls during classes.

Daniels had faced a weeks-long trial over allegations he sexually touched nine female students during swimming lessons in 2018 and 2019

However, Daniels’ attorney maintained that if there was any touching, it was brief, unintentional, or inadvertent, and that police officers, the media, and the girl’s parents had tainted the girl’s memory and evidence.

The now 24-year-old was detained at the beginning of 2019 after the families of two girls voiced concerns.

His arrest subsequently inspired further girls to come forward.

Daniels was acquitted of five counts of sexual contact with a minor under 10 and four counts of sexual touching last week.

Some were substitutes for more serious accusations.

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