Solicitor Emma Kearney successfully petitioned Deputy Chief Magistrate Anthony Gett to excuse the 35-year-old from attending court.
McGuire, currently out on bail, faces charges related to choking, suffocation, or strangulation of a minor, as well as common assault against the same.
In addition, Kearney urged Gett to compel prosecutors to release evidence pertinent to the case.
“Despite assurances from the arresting officer before Christmas that they possessed a child’s statement and a statement from the complainant child’s mother, the evidence has not been provided,” she explained.
“Our office has yet to receive any disclosures.”
Kearney emphasized that obtaining this information is crucial for McGuire to consider amending 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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