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Mosman swim teacher Kyle Daniels trial continues despite lost evidence

Crucial CCTV footage in the case of a swim teacher who allegedly sexually assaulted nine young girls has been lost after the files became corrupted, a court has heard.

Kyle James Henk Daniels, 22, is facing a five-week trial over 26 charges relating to the alleged sexual assault of nine girls aged between six and 11 at Mosman Swim Centre, on Sydney’s lower north shore.

The jury heard the opening address from Crown Prosecutor Karl Prince on Thursday in which he outlined the case against Daniels.

Mr Prince told Downing Centre District Court that some vital footage from CCTV five cameras overlooking the pool had been lost because the files ‘became corrupted’.

He maintained however that ‘there was nothing accidental or clumsy about’ Daniels’ actions and alleged the young coach had a ‘sexual interest’ in ‘female swim students aged between five and 10.’

Crucial CCTV footage in the case against swimming teacher Kyle James Henk Daniels (right) who allegedly sexually assaulted nine young girls has been lost after the files were corrupted, a court has heard

Crucial CCTV footage in the case against swimming teacher Kyle James Henk Daniels (right) who allegedly sexually assaulted nine young girls has been lost after the files were corrupted, a court has heard

Crucial CCTV footage in the case against swimming teacher Kyle James Henk Daniels (right) who allegedly sexually assaulted nine young girls has been lost after the files were corrupted, a court has heard 

Kyle James Henk Daniels, 22, is facing a five-week trial over 26 charges relating to the alleged sexual assault of nine girls aged between six and 11 at Mosman Swim Centre (pictured), on Sydney's lower north shore

Kyle James Henk Daniels, 22, is facing a five-week trial over 26 charges relating to the alleged sexual assault of nine girls aged between six and 11 at Mosman Swim Centre (pictured), on Sydney's lower north shore

Kyle James Henk Daniels, 22, is facing a five-week trial over 26 charges relating to the alleged sexual assault of nine girls aged between six and 11 at Mosman Swim Centre (pictured), on Sydney’s lower north shore

Mr Prince told the court that when police requested the Mosman Swim Centre hand over CCTV footage of Daniels’ lesson with one of the alleged victims, they received only ‘portions’.

‘There are five cameras pointed at the pool and continuously recording. After police became aware of the complaints, a request was sent to the swim centre for all of the CCTV from the 9th of February and 14th of February [2019],’ Mr Prince told the court.

‘When they [police] requested the CCTV all they received was portions from both days.

‘We don’t have CCTV footage of the lessons where the alleged assault occurred.’

Mr Prince explained that part of this had to do with the ‘files becoming corrupted’.

Daniels’ defence barrister Leslie Nicholls also gave his opening on Thursday morning and identified for the jury what he called ‘some of the issues’ with the Crown case.

Daniels is alleged to have sexually assaulted nine young girls between 2018 and 2019

Daniels is alleged to have sexually assaulted nine young girls between 2018 and 2019

Daniels is alleged to have sexually assaulted nine young girls between 2018 and 2019

Mr Nicholls told the jury that one of the young alleged victims was already aware when interviewed by police of CCTV that related to his alleged offences.

He claimed that the influence of the police officer in charge of the case and media had impacted their evidence and the overall case against Daniels.

At the time of one of the alleged offences by Daniels, Mr Nicholls said the girl’s father was sitting just ‘one to two metres away’ on the pool deck.

The court heard that after Daniels’ arrest was publicised in the media, the parents of one girl at the swim school sat her down and asked ‘if anything had ever happened [to her]?’.

The girl and her brother, who also took lessons at the swim centre, said ‘no’, but a few weeks later while out with her father she looked uncomfortable and he quizzed her again.

‘She was in the car and her father asked her if anything was bugging her. She said “it was a bit weird”,’ Mr Prince told the court. 

Crown Prosecutor Karl Prince told the court that when police requested the Mosman Swim Centre hand over CCTV footage of Daniels' lesson with one of the alleged victims, they received only 'portions' (Daniels is pictured leaving Downing Centre District Court with his parents James and Janine on Tuesday)

Crown Prosecutor Karl Prince told the court that when police requested the Mosman Swim Centre hand over CCTV footage of Daniels' lesson with one of the alleged victims, they received only 'portions' (Daniels is pictured leaving Downing Centre District Court with his parents James and Janine on Tuesday)

Crown Prosecutor Karl Prince told the court that when police requested the Mosman Swim Centre hand over CCTV footage of Daniels’ lesson with one of the alleged victims, they received only ‘portions’ (Daniels is pictured leaving Downing Centre District Court with his parents James and Janine on Tuesday)

‘She told her mother that during a lesson he [Daniels] put his fingers inside her swimmers.’ 

Mr Prince told the court that the accounts of all the young girls were consistent when it came to what Daniels had allegedly done to them. 

‘The allegations are so similar in what they allege against the accused that it makes it more likely that each is telling the truth,’ he said. 

‘The Crown case is that there is simply no coincidence. Instead, the only explanation is that the accused acted in a similar way to each of the complainants and therefore what each of the complainants is saying is true.

‘The Crown case is the accused has a tendency to have a particular state of mind – that state of mind is a sexual interest in female swim school students between five and 10 years old.

‘[And that] he opportunistically engaged in sexual conduct with female swim school students between five and 10 while he is teaching those students and they are under his care and authority.’ 

The trial continues before Judge Kara Shead.

Source: Daily Mail Australia | World News

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