The jury in the retrial of Sydney swimming coach Kyle James Henk Daniels has been dismissed after being unable to rule on 11 remaining charges.
The question of whether the 24-year-old should be tried for a third time remains in the hands of the public prosecutor.
“It’s a very complicated matter,” King’s Attorney Tony McCarthy told the District Court.
Daniels, who denies intentionally touching students inappropriately during class in 2018 and 2019, has been acquitted of 10 counts of sexual assault, including five allegations of sexual assault.
One verdict of acquittal came through with a 10-1 ruling on Monday morning.
However, the 11-member jury said it made every effort and court order to hold out and remained divided on 11 counts of sexual contact and indecent assault.
“We remain divided on all remaining issues,” the jury said in a note.
Judge Kara Shedd, not Crown and Daniels’ attorney Nichols, agreed that the only option was to disqualify the jury, especially given the numerous orders to continue trying to reach a verdict.
Mr Nichols said: “I think this is the fifth time I have unfortunately agreed with the Crown.”
Judge Shedd said, “The jury was given every opportunity (to issue a ruling), including one over the weekend, for quiet individual reflection.”
Daniels faced a week-long trial over allegations that he touched nine schoolgirls during swimming lessons in 2018 and 2019.
The girls were between six and ten years old.
The Crown said the high similarity between the girls’ accounts showed the alleged events were not coincidental and claimed the swimming coach took the opportunity to respond to girls’ sexual attraction during class.
But Daniels’ lawyer said if any touching occurred, it was accidental, accidental or unintentional, saying that police, media and parents distorted the girl’s memories and evidence.
The 24-year-old was arrested in early 2019 after concerns were raised by the families of two girls.
Then his arrest prompted more girls to come forward.
Daniels was acquitted last week of five counts of having sex with a child under the age of 10 and four counts of sexual contact.
Some were alternative charges to more serious charges.
The decision to continue the third trial is made on the advice of the Chief Public Prosecutor or her representative.
The case will be returned to court within four weeks, when prosecutors are expected to announce what that advice is.