Why lawyers want young child tested after she was allegedly strangled and assaulted by footy star

Former NRL star Josh McGuire was charged last December

Lawyers representing ex-NRL star Josh McGuire have requested a capacity test for a child he allegedly strangled and assaulted.

The Queensland State of Origin representative, 36, was excused from appearing in the Brisbane Magistrates Court in February after an initial date last December was adjourned.

It comes after McGuire was charged with choking, suffocation or strangulation against a child as well as common assault against a child.

On March 9, McGuire's lawyer Kristy Bell stated in court the defence wants a capacity test undertaken for the child involved.

'Capacity will be an issue in this matter...and if necessary I will seek an order that a report be provided,' she said, according to News Corp.

A capacity test is a comprehensive evaluation conducted by allied health professionals, namely occupational therapists. 

Lawyers representing ex-NRL star Josh McGuire have requested a capacity test for a child he allegedly strangled and assaulted

Lawyers representing ex-NRL star Josh McGuire have requested a capacity test for a child he allegedly strangled and assaulted

McGuire's NRL career began in 2009 with the Broncos, with further stints with the Cowboys and Dragons before finishing his career with the Warrington Wolves in 2023

McGuire's NRL career began in 2009 with the Broncos, with further stints with the Cowboys and Dragons before finishing his career with the Warrington Wolves in 2023

They typically determine how developmental delays or disabilities can impact children's daily life, including self-care and social participation.

Magistrate Peter Saggers noted Ms Bell had previously expressed her intention to cross-examine the arresting officer.

Mr Saggers ordered the brief of evidence be disclosed by March 13 before adjourning the case ahead of the cross-examination on March 19.

Bail has been continued for the footy star. 

McGuire's NRL career began in 2009 with the Broncos, where he played 197 matches over 10 years.

He then moved on to the North Queensland Cowboys in 2019, clocking up 38 matches for the club over three seasons.

A 27-game stint with St George Illawarra followed from 2021 to 2022, and the Queensland-born forward went on to play seven matches for Warrington Wolves in the Super League.

Known for his toughness on the field, McGuire starred for Queensland in 14 State of Origin games, scoring one try, and ran out for the Kangaroos eight times.

McGuire also represented Samoa on seven occasions and played two games for the Prime Minister's XIII.

According to his LinkedIn bio, McGuire is currently a business development representative at POA, Australia’s largest regional outdoor advertising company.

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