The attorney defending a former swimming instructor accused of sexually abusing his young students questioned why the girls did not react physically to the alleged abuse.
Kyle James Henk Daniels, 24, is on trial for 21 offenses related to the alleged sexual touching of nine girls between the ages of five and ten that he taught at the Mosman Swim Centre on Sydney’s lower north shore.
Mr. Daniels has been charged with five charges of sexual contact with a child younger than 10 years of age, eight counts of sexual contact with a child, and eight counts of indecent assault.
He entered a not-guilty plea to the allegations. On Friday, his birthday, his parents and twin brother appeared in court to show their support.
Leslie Nicholls, the attorney for Mr. Daniels, told the jury that several of the claimed victims stated they “continued swimming” despite claims that the accused had just sexually touched them.
Kyle James Henk Daniels, 24, is on trial for 21 charges related to the alleged sexual contact with nine girls between the ages of five and ten whom he taught at the Mosman Swim Centre on Sydney’s lower north shore.
A seven-year-old girl stated that Mr. Daniels inserted four of his fingers “up to the knuckles” into her vagina as she was using a kickboard on her back.
During the alleged contact, the girl claimed that Mr. Daniels’ hand felt like a ‘worm’
Mr. Nicholls stated in his closing statement to the Sydney Downing Centre Court on Friday, “Mr. Daniels is meant to come along and insert four of his fingers into her vagina up to his knuckles.”
She continues to swim with no reaction, nothing. It is inconceivable to imagine that happening to a willing, able, and consenting adult, let alone a seven-year-old child in a costume.’
Mr. Nicholls stated that the girl’s legs were quite straight during the alleged contact since she was kicking on her back with a kickboard under her knees.
The girl’s older sister had already informed their mother that Mr. Daniels had allegedly inappropriately touched her.
The court heard that the mother instructed the younger sibling prior to the session, “If he touches you badly, please notify me.”
Leslie Nicholls, Mr. Daniels’ (middle with his parents) attorney, told the jury that several of the claimed victims said they ‘continued swimming’ after alleging the accused had just sexually touched them.
“Is the child anticipating something in this context?” Mr. Nicholls explained to the jury.
Mr. Nicholls stated that the student’s father was less than one metre away at the moment Mr. Daniels allegedly touched a girl on the outside of her swimsuit on her vagina while pushing her off to swim.
He noted that the father had stated he initially assumed his daughter was “making it up.”
Mr. Nicholls stated, “He saw nothing out of the ordinary at the time it was supposed to have occurred.”
The attorney also referenced the allegation of a girl who had 12 lessons with Mr. Daniels and claimed he allegedly touched her vagina under her swimsuit.
Mr. Nicholls questioned why, if Mr. Daniels had a sexual interest in the children, as the Crown contends, he would only allegedly touch her improperly once in all of their lessons together.
Following Mr. Daniels’ arrest in March 2019, he questioned whether the parents of the accused victims had been swayed by media reporting.
He stated that one father had informed his daughter of the claims against girls at the swim school and inquired as to what had become of her. Initially, she denied any wrongdoing.
Mr. Nicholls stated, ‘She believed that no matter how many times she told her father that nothing happened at swimming, he would not believe her,’
According to him, the girls’ parents may have ‘adopted’ the knowledge they communicated to their daughters as their own personal experiences.
Mr. Daniels’ defense contends he did not sexually or indecently touch the children knowingly or intentionally.
Mr. Nicholls stated that some of the allegations were “implausible,” including that of an eight-year-old girl who claimed that Mr. Daniels placed three or more fingers into her vagina multiple times per class, over the course of multiple lessons.
“How could the accused put even one finger, let alone three, while swimming without any physical reaction or consequences?” he asked.
Next week, Mr. Nicholls will complete his final contribution. Tuesday is scheduled to mark the beginning of jury deliberations.
The defense for Mr. Daniels has contended that he did not intentionally or knowingly contact the children in a sexual or obscene manner.
The 23-year-old disputes all claims passionately.