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“We remain divided.” Jury discharged in the swim coach alleged sexual abuse trial.
This story includes descriptions of alleged child sexual abuse that may be distressing to some readers.
The jury in the sexual abuse retrial of Sydney swim coach Kyle Daniels has been discharged, unable to reach verdicts on 11 remaining charges.
It leaves the question of whether to put the 24-year-old on trial for a third time in the hands of prosecutors.
"It's quite a complicated matter," crown prosecutor Tony McCarthy told the District Court. Daniels, who denies intentionally touching any student inappropriately during lessons in 2018 and 2019, had been acquitted of 10 sexual abuse charges, including five alleging sexual assault.
One of those not guilty verdicts was delivered on Monday morning by a 10-1 verdict. But the 11-person jury remained split on 11 sexual touching and indecent assault charges.
"We remain divided on all remaining counts," jurors said in a note.
The jury in the trial of a former Sydney swimming coach has been discharged after acquitting him on 10 sexual abuse charges, but remaining divided on others. 24-year-old Kyle Daniels had been accused of inappropriate sexual contact with nine young female students. #7NEWS pic.twitter.com/SeACc02NLj
— 7NEWS Sydney (@7NewsSydney) October 24, 2022
Judge Kara Shead, the Crown and Daniels' barrister Les Nicholls all agreed the only option was dismissing the jury, particularly considering the numerous directions to keep trying to reach a verdict. "I think it's the fifth time, so regrettably I would agree with the Crown," Mr Nicholls said
Judge Shead said: "The jury have been given every opportunity to (reach verdict) including one over the weekend to have individual calm considerations."
Daniels had faced a weeks-long trial over allegations he sexually touched nine female students during swimming lessons in 2018 and 2019. The girls were aged six to 10 years old.
The Crown said the significant commonality between the girls' accounts showed the alleged events were no coincidence, claiming the swim coach took the opportunity to act on a sexual attraction to girls during lessons.
But Daniels' lawyer argued that if any touching occurred, it was fleeting, accidental or inadvertent and said police officers, the media and parents had contaminated the girl's memories and evidence. The now-24-year-old was arrested in early 2019 after two girls' families raised concerns. His arrest then prompted further girls to come forward. Daniels was acquitted last week of five counts of sexual intercourse with a child under the age of 10 and four sexual touching charges.
The decision on whether to proceed with a third trial will be made on the advice of the Director of Public Prosecutions or her deputies. The matter will return to court in four weeks, when prosecutors are expected to announce what that advice is.
With AAP.
If this brings up any issues for you, contact Bravehearts, an organisation dedicated to the prevention and treatment of child sexual abuse, on 1800 272 831.
Evening Headlines: QLD woman 34th woman killed in Australia.
Do you find the news cycle overwhelming? Depressing? Confusing? Boring? Endless? Then you need The Quicky. Mamamia’s news podcast that gets you up to speed on the top stories.
Listen to tonight’s episode of The Quicky below:
Taylor Swift, hidden messages and a new controversy.
The Australian Academy of Cinema Television Arts (AACTA) has revealed the nominees for the 2022 AACTA Awards. So now let’s talk about the TV shows and movies that have been nominated for what is Australia’s version of the Oscars.
And there’s been a public war of words between Madonna and Cardi B, after Madonna posted a message to Instagram that highlighted her groundbreaking career, while also naming some famous women in what could be seen as a negative way. But there are two important sides to this story.
Plus, Taylor Swift has released her tenth studio album Midnights and it immediately went on to break a number of records. Now we need to talk about the hidden messages buried within the album, and the famous men and relationships they might be about. Taylor Swift’s first music video for the album has also stirred up some controversy, but this time it’s hooked on a pretty series issue that we need to unpack.
Listen to The Spill below:
19yo charged with ex-girlfriend's murder after body found in bush.
A 19-year-old man has been charged with murder after the body of an 18-year-old woman, his former partner, was found in bushland in southeast Queensland.
The pair, who police say had been in a relationship that recently ended, met up at a car park in Strathpine on Saturday afternoon.
The woman, from Petrie, who is yet to be formally identified, did not return home, leading to her family raising concerns.
Police tracked down the Kallangur man on Saturday evening at a service station in Nambour, about an hour's drive north of Strathpine.
The woman's body was found around 3am yesterday in bushland at Nambour. She is the 38th woman to be killed by violence in Australia this year.
The man has since been charged with murder and moving a corpse.
Police have charged a 19-year-old man with murder after an 18-year-old Petrie woman died overnight. https://t.co/z76Wj5yUqc pic.twitter.com/flBmxoWEBZ
— Queensland Police (@QldPolice) October 22, 2022
"(They had been in an) intimate relationship that recently ended. The family of the young lady have been advised ... they are devastated," Queensland Police detective inspector Ben Fadian told reporters.
He said investigations were ongoing into the cause of death and circumstances surrounding their meeting.
"There were no domestic violence orders in place. And there was no history of either party being in contact with police about anything of that nature," he said.
"This is a tragic event, the young lady... had her whole life ahead of her."
The man is expected to face Maroochydore Magistrates Court today.
Police are examining a white Ford Mustang and blue Mazda sedan as part of their investigations and have asked anyone with information to come forward.
If this has raised any issues for you, or if you just feel like you need to speak to someone, please call 1800 RESPECT (1800 737 732) – the national sexual assault, domestic and family violence counselling service.
- With AAP.
Hundreds of calls for help as NSW and Victoria residents evacuate from floods.
Lismore residents faced a tense night last night as they were told to prepare to evacuate with a weather system on the NSW-Queensland border expected to dump up to 200mm of rain.
Meanwhile, a second system was travelling across the border from South Australia, bringing more rain to already saturated parts of the state.
NSW's SES had performed 34 rescues in 24 hours as of yesterday afternoon, on top of hundreds of calls for help.
Two hundred Australian Defence Force personnel have been deployed across the state with more than a dozen helicopters helping with rescue and relief efforts, including three defence choppers.
Emergency Services Minister Steph Cooke said every corner of the state had a flood warning.
The areas of most concern were in the state's north, with waters rising in places including Moree and Gunnedah, where evacuation orders are in place.
TODAY WEATHER ALERT: Millions under threat from a volatile, low pressure system sweeping across the east coast. #9Today | WATCH LIVE 5.30am pic.twitter.com/BHkD0m5U85
— The Today Show (@TheTodayShow) October 23, 2022
Across the border, Victorians saw several flood peaks across the state over the weekend as Echuca residents were forced to evacuate.
A weather system is expected to dump up to 30mm of rain on parts of the state's north and west today before beginning to clear on Tuesday.
The Murray River surpassed the 1993 flood level of 94.77 metres above sea level at Echuca on Saturday and was forecast to peak around 95m on Sunday evening into today.
- With AAP.
Jury deliberating on Brue Lehrmann verdict.
A jury will enter its third day of deliberating a verdict in the trial of the man accused of raping Brittany Higgins.
Former Liberal Party staffer Bruce Lehrmann has pleaded not guilty to sexual intercourse without consent and is facing a criminal trial in the ACT Supreme Court. Higgins alleges Lehrmann raped her inside a ministerial office in Parliament House following a night out drinking with colleagues. He denies any sexual interaction happened.
The jury retired last week after the prosecution closed its case following a 12-day trial.
Chief Justice Lucy McCallum instructed the jurors to find their verdict according to the evidence presented in the courtroom.
In his closing argument, Prosecutor Shane Drumgold urged the jury to disregard discussions of political movements and workplace cultures sparked by the case. He said the case was not about the culture inside Parliament House or the Me Too movement but about what happened on a couch inside a minister's office in the early hours of Saturday, March 23, 2019.
Drumgold said Higgins had been a credible and honest witness whose version of events that night had not wavered. Meanwhile, he said Lehrmann had given inconsistent accounts about why he was at parliament on the night of the alleged assault to the security guards, to his boss and to the police.
Lehrmann's defence lawyer Steven Whybrow told the court nothing happened that night and suggested Higgins had fabricated her account to save her job. He suggested Higgins fabricated doctor appointments at the time to "make it more believable" that she had been sexually assaulted.
The jury must continue deliberations until they reach a unanimous verdict.
If this has raised any issues for you, or if you just feel like you need to speak to someone, please call 1800 RESPECT (1800 737 732) – the national sexual assault, domestic and family violence counselling service.
- With AAP.
Sophie Cachia announces breakup from fiance Maddie Garrick.
Australian influencer and entrepreneur Sophie Cachia has announced her breakup from fiance Maddie Garrick.
The couple got engaged in March, and had recently started doing long distance while Garrick - a basketballer - plays with a local Florence team.
"When I proposed, I did it with the guarantee of loyalty, trust, honesty & respect from my end," Cachia said in an Instagram statement.
"Despite the great deal of love I still hold, I have made this decision to lead by example for what I know I deserve in life for myself, and for my children - because we are all worthy.
"While I am hurting, life must go on. I still have to show up for work with my businesses and most importantly be a mum and role model to my two children.
"This is unfortunately a position I really didn’t want to be in. Therefore, I beg you, please let me be, to protect my children, my mental health and allow us all to heal and move forward.
"I will not be commenting any further. Soph."
Cachia shares two young children, Bobby and Florence, with her ex-husband Jaryd Cachia. She went public with Garrick in 2021.
Listen to Sophie on Mamamia's No Filter below.
What does bipolar actually look like?
A lot has been said about Kanye West's recent anti-Semitic and racist outbursts with many linking the rants to his bipolar diagnosis but there are some who say that having bipolar doesn't mean you're excused from bad behaviour, so where do we draw the line?
Today we find out what it's like to actually have bipolar and how we navigate the fine line between excusing behaviour due to mental health and ensuring that behaviour doesn't hurt others.
Feature Image: AAP.