Prosecutors to contemplate third trial for sexual abuse prices

The complainants’ proof was pre-recorded.

In an announcement to Emissary“ODPP will evaluate the matter in accordance with our Prosecution Pointers and decide subsequent steps,” an ODPP spokesperson mentioned.

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The rules state that in instances “the place two juries can not attain an settlement, a retrial might be performed solely in distinctive circumstances.” Any such path have to be given by the director Sally Dowling, SC, or an affiliate director.

Crown alleges at trial that Daniels had a sexual curiosity in younger women and engaged in it by touching the vaginas of 9 college students throughout college hours in 2018 and 2019.

Final week, Daniels was acquitted of 9 prices involving 4 women, together with 4 not responsible after a choose directed an 11-member jury {that a} 10:1 majority rule may Accepted.

Daniels was cleared of all 5 counts of getting intercourse with a baby below the age of 10 by digital penetration, essentially the most severe cost within the indictment.

In its remaining submission, Crown prosecutor Tony McCarthy admitted the case “has many flaws primarily based on the youngsters’s proof.”

He argued that there was “vital similarity” between their accounts and that the jury ought to conclude the alleged sexual acts weren’t unintentional or mere coincidence however intentional. concept.

McCarthy has argued that Daniels “dodged” throughout interrogation a couple of signed session kind and inside memo that circulated after the primary criticism was made with the swim college in mid-2018. .

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Daniels was arrested in February 2019 following a brand new criticism – first reported to Household and Group Companies – and he was arrested the next month.

Nicholls, in his closing remarks, mentioned that there was no proof Daniels was conscious of of the alleged conduct of touching the accused or the complainants at related instances. If touching occurs, it is “unintentional or unintentional”.

The protection argued that Daniels was “steadfast and unwavering” within the proof that he didn’t knowingly or knowingly contact the complainant’s genitals.

The affect of oldsters and the media on complaints needs to be thought of, Nicholls harassed, noting that recommended actions and questions have been utilized in interviews. He mentioned Daniels marched in entrance of police cameras when he was arrested, earlier than a number of complainants got here first.

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The protection alleges {that a} lady repeatedly instructed her dad and mom that nothing occurred previous to the allegation, and he or she mentioned in her proof that her father “would not settle for it.” “.

“It’s time for the kid to say what the daddy anticipated to listen to,” Nicholls mentioned. That indecent assault cost was among the many not responsible convictions returned.

Nicholls mentioned there was “completely no proof” that Daniels was attempting to groom the ladies.

He has upheld the nice character of his purchasers and that he has by no means been convicted of any legal offences.

Nicholls estimates Daniels has taught greater than 6000 college students. The court docket heard the 24-year-old lived in South Africa and Singapore earlier than transferring to Sydney and attending Knox Grammar, the place he was a aggressive swimmer, earlier than working as an teacher whereas attending college. .

Daniels was supported on Monday by his dad and mom and brother. His bail, which included a $100,000 bond, was modified by agreeing to take away the requirement to report as soon as every week to the police.

The case will return to court docket in December.

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