Kyle Daniels’ trial: Defence says none of alleged victims reacted to ‘sexual touching’ at Mosman

The lawyer for an ex-swimming instructor accused of sexually touching his young students has questioned why the girls did not physically react to any of the alleged abuse.

Kyle James Henk Daniels, 24, is standing trial for 21 offences relating to the alleged sexual touching of nine girls, aged between five and 10, who he taught at Mosman Swim Centre on Sydney‘s lower north shore.

Mr Daniels has been charged with five counts of sexual intercourse with a child aged under 10, eight counts of sexual touching of a child and eight counts of indecent assault.

He has pleaded not guilty to the charges. He was supported by his parents and twin brother in court on Friday which coincided with his birthday. 

Mr Daniels’ barrister Leslie Nicholls told the jury that many of the alleged victims said they ‘kept swimming’ despite claiming the accused had just touched them inappropriately.

Kyle James Henk Daniels, 24, is standing trial for 21 offences relating to the alleged sexual touching of nine girls, aged between five and 10, who he taught at Mosman Swim Centre on Sydney ‘s lower north shore 

The court had heard allegations from a seven-year-old girl who alleged Mr Daniels had put four of his fingers ‘up to the knuckles’ inside her vagina through her swimming costume while she was using a kickboard on her back.

The girl had said Mr Daniels’ hand had felt like a ‘worm’ during the alleged touching.

‘Mr Daniels is supposed to come along and put four of his fingers into her vagina up to his knuckles,’ Mr Nicholls said in his closing address to the Sydney Downing Centre Court on Friday.

‘She keeps swimming, there’s no reaction, nothing. It’s impossible to envisage that happening to a consenting adult who is ready, willing and able to do it, let alone a seven-year-old child in a costume.’

Mr Nicholls said the girl’s legs were relatively straight at the time of the alleged touching, as she was kicking on her back with a kickboard at her knees.

The girl’s older sister had already told her mother Mr Daniels had allegedly touched her inappropriately.

The mother then told the younger sibling before the lesson: ‘If he touches you somewhere bad please tell me,’ the court heard.

Mr Daniels’ (middle with his parents) barrister Leslie Nicholls told the jury that many of the alleged victims said they ‘kept swimming’ despite claiming the accused had just touched them inappropriately

‘Is the child expecting something to happen in that context?’ Mr Nicholls told the jury.

Referring to another allegation of Mr Daniels touching a girl on the outside of her swimmers on her vagina while pushing her off to swim, Mr Nicholls said the student’s father was less than a metre away at the time.

He noted that the father had said he believed his daughter had initially been ‘making it up’.

‘There was nothing (out of the ordinary) he saw at the time that it was said to have happened,’ Mr Nicholls said.

The barrister also mentioned the allegation of one girl who had 12 lessons with Mr Daniels, claiming he touched her underneath her swimmers on her vagina once.

Mr Nicholls questioned why if Mr Daniels had, as the Crown suggests, a sexual interest in the children, he would only allegedly touch her inappropriately the one time in all their lessons together.

He raised the idea of whether the parents of the alleged victims had been influenced by media reports following Mr Daniels’ arrest in March, 2019.

He said one father had told his daughter about the allegations of girls at the swim school and asked if anything had happened to her. She initially denied anything had.

‘She felt that no matter how many times she told her father nothing happened at swimming, he wasn’t going to accept it,’ Mr Nicholls said.

He said there could have been an ‘adoption’ of the information being told to the girls by their parents, who then relayed that as their own experiences.

Mr Daniels’ defence has argued he did not knowingly or intentionally touch the children in a sexual or indecent manner

Mr Nicholls said that some of the allegations were ‘implausible’, including from an eight-year-old girl who claimed Mr Daniels inserted three or more of his fingers into her vagina several times a lesson, over various lessons.

‘How could the accused insert a finger let alone three when she’s swimming without any physical reaction or consequences to her swimming?’ he said.

Mr Nicholls will finish his closing submission next week. The jury is expected to start deliberations on Tuesday. 

Mr Daniels’ defence has argued he did not knowingly or intentionally touch the children in a sexual or indecent manner.

The 23-year-old vehemently denies all of the allegations.