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A Sydney swim coach's apparent inability to recall a key incident related to his alleged sexual touching of children doesn't stack up, a prosecutor has told a jury.
Balgowlah man Kyle James Henk Daniels has pleaded not guilty to 21 charges alleging inappropriate conduct towards young female students while working as a part-time instructor at a Mosman swim school in 2018 and 2019.
After a complaint was made in July 2018 to management about Daniels' touching of a girl during a lesson, a memo was circulated to staff about not holding children close to the groin or chest.
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Daniels returned a signed copy.
But, in evidence this week, the 23-year-old couldn't recall signing the memo or having to change any techniques, crown prosecutor Tony McCarthy said.
It seemed "a little bit unusual" that the swim coach would have no memory of the memo, given it related to a complaint about his conduct.
"This event had to be a significant and meaningful event in his life," McCarthy said in his closing address on Wednesday.
"His assertion that it was too long ago, he had no memory of things that occurred four years ago, doesn't stack up with the evidence."
McCarthy urged the Downing Centre District Court jury to ignore the evidence.
"In short my submission to you is … he was being deliberately evasive, downplaying the situation," the prosecutor said.
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Daniels is accused of touching the genitalia of female students, then aged six to 10, on the outside of their swimming costumes on 16 occasions. He also faces five charges of sexual intercourse with a child under the age of 10, related to allegations he penetrated some girls' vaginas with his fingers.
He steadfastly denies ever intentionally touching any student inappropriately.
One of the girls told police she was on her back, using a kickboard and pushing off a platform when Daniels placed his hand on her and his finger pressed into her genitals.
"(His finger) felt like a worm was in her private parts," McCarthy said, recalling the girl's evidence to police.
After the lesson, the girl told her mother Daniels had hurt her and she wanted a different teacher.
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"When you look at (the girl's) interview, you'll be persuaded that (she) is giving an account of personal experience and not something she's just adopted because someone has made a similar complaint before her," the prosecutor said.
The coach was arrested after the swim school received a second complaint of his alleged inappropriate touching in February 2019 and alerted the Department of Family and Community Services, which prompted a police investigation.
The day after Daniels' widely publicised arrest, the swim school emailed parents of its students about the arrest and charges, causing other parents to come forward with complaints about him.
Defence barrister Les Nicholls is expected to give his closing address later this week.
Source: 9News
