The jury in the trial of former Sydney swimming coach Kyle Daniels has been discharged after acquitting him of 10 sexual abuse charges, but remaining divided on others.
Mr Daniels pleaded not guilty to 21 charges in the NSW District Court.
The 24-year-old was accused of inappropriate sexual contact with nine young female students while working as a part-time swim instructor at a Mosman swim centre in 2018 and 2019.
The jury last week acquitted him of nine charges, including five counts of sexual intercourse with a child under the age of 10.
Four of those verdicts came after the panel indicated it could not reach consensus and Judge Kara Shead on Friday said she would accept majority decisions, where majority meant all but one.
This morning, Mr Daniels was acquitted of one further count of sexually touching a child under the age of 10, but in a note to the judge, jurors indicated there remained "no prospect of resolution" on other charges.
Judge Shead urged them to continue deliberating and participating in calm, objective discussion.
"I understand there will be a level of frustration in the jury room," the judge said.
Soon after, another jury note advised the judge they remained divided, and the panel was discharged.
The judge said the right to be tried by a jury was "a valuable right".
"The participation of citizens and people from the community is a fundamental part of the justice system in NSW," Judge Shead said.
"Can I express the appreciation of the court for your diligent service."
The judge said it meant the trial would conclude without verdicts in relation to the unresolved charges.
She said ordinarily there would be a retrial, but this was a matter for the Director of Public Prosecutions.
The charges over which jurors remained divided were five counts of indecent assault and six of sexual touching.
During the trial, the court heard Mr Daniels had allegedly touched the complainants on the outside or inside of their swimmers during lessons.
The Crown alleged that on each occasion, this was allegedly done "for his sexual gratification" and that the swimming lessons presented an opportunity for Mr Daniels to allegedly act on his interest in the girls.
The court heard evidence from the young complainants, which Mr Daniels's lawyers argued had been influenced or contaminated.
They suggested parents who came forward after Mr Daniels's arrest were influenced by what they saw about the case in the media, and in turn influenced their children.
There was also no evidence of sexual arousing, gratification or grooming behaviour, his legal team said.
Mr Daniels was described as having been consistent and unwavering in his evidence that he didn't knowingly or deliberately touch any student inappropriately.
