McGuire’s defence flag concerns as court demands overdue evidence by Friday

Lawyers for former NRL player Josh McGuire have raised concern about the capacity of a child witness and highlighted significant delays in the disclosure of evidence during a brief mention of the matter at Brisbane Magistrates Court on Monday.

McGuire was arrested in December and charged with one count of strangulation and one count of common assault. Both alleged to have been committed against a child.

He is currently on bail and was not required to appear at Monday's proceedings.

Defence solicitor Kristy Bell advised the court that the capacity of the child involved to give evidence was likely to be a central issue in the case.

"Capacity will be an issue in this matter … and if necessary I will seek an order that a report be provided," she told the Brisbane Magistrates Court.

Ms Bell further submitted that the prosecution had failed to comply with three prior court orders requiring disclosure of the brief of evidence to the defence.

She requested that the arresting officer be compelled to attend court on the next occasion should outstanding materials not be provided by Friday.

"There have now been three orders for the brief (of evidence) to be disclosed, none of which have been complied with," Ms Bell said.

"There are five police statements remaining outstanding, three civilian statements, a telephone download, and body-worn camera footage."

Magistrate Peter Saggers, who noted Ms Bell's previous stated intention to cross-examine the arresting officer, ordered that the full brief of evidence to be disclosed by Friday, March 13.

The matter was adjourned to March 19 for that cross-examination to take place.

Josh McGuire will not need to attend on that date.