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Emma Kearney, the solicitor representing a 35-year-old individual, successfully requested that her client be excused from a court appearance. This request was approved by Deputy Chief Magistrate Anthony Gett.
The defendant, McGuire, is currently out on bail and faces charges of choking, suffocation, or strangulation of a child, in addition to charges of common assault against a minor.
Kearney also urged Magistrate Gett to compel prosecutors to share evidence related to the case.
“Despite assurances from the arresting officer before Christmas that they had a statement from the child and the child’s mother, the brief of evidence has yet to be provided to our office,” she explained.
“To date, we have received no disclosure,” Kearney added.
Kearney said the material was “particularly pertinent” for McGuire to make changes to his bail conditions.
“The Crown has opposed all attempts to vary bail … we can’t reasonably make any application in the absence of that evidence,” she said.
Kearney sought a direction that prosecutors provide the evidence within a week.
The prosecutor called for a two-week adjournment to process and provide the evidence to McGuire’s defence.
“A large portion of the brief of evidence has been received by our office. We are in the process of disclosing material,” the prosecutor said.
Gett ordered prosecutors to provide the child and mother’s statements to McGuire’s defence within the next week.
The case was adjourned to February 16 and McGuire’s bail was extended.
McGuire played 259 NRL games over 15 seasons after beginning his career at the Brisbane Broncos in 2009.
He earned 14 Origin caps for Queensland and played Tests for Samoa and Australia before finishing his stellar run in the UK Super League for Warrington in 2023.
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