William Tyrrell's foster father rejects claims he grabbed a child by the neck as his lawyers argue he applied medium force to push the youngster down as they tried to get out of a timeout.
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The 56-year-old foster father and 58-year-old foster mother returned to Parramatta Local Court on Monday.
The couple, who cannot be named or identified, are accused of abusing a child who isn't William but who was in their care until November 2021.
The woman has pleaded guilty to assaulting the child on two occasions in January and October 2021 but is fighting two intimidation charges over a series of incidents between January and August the same year.
Her partner has pleaded not guilty to one count of assault and one count of intimidation over alleged conduct in November 2020 and October 2021.
Secret police recordings of the couple in their home and vehicle revealed the woman kicked the child, who screamed in pain.
The foster mother also threatened to slap the child in a separate incident.
In short closing submissions on Monday, the foster father's barrister Phillip English said there was no evidence his client grabbed the child's neck as claimed.
He said police asked leading questions to garner a so-called admission during interviews.
Mr English said his client grabbed the child's shoulder and applied a "medium force" to push them downwards when the youngster stood up against the wall in their Sydney home after trying to get out of a 44-minute timeout.
That force was lawfully applied for punishment, he said.
Mr English also dismissed claims the foster father intimidated the child during a heated discussion in a car in November 2020 by raising his voice and "screeching" the wheels.
After the child told teachers about the argument, the foster father said they should go to the foster mother instead if he ever did anything to make them fearful.
Mr English said this statement did not show a consciousness of guilt but rather the realisation that any further comments to the child's school could result in the couple losing care.
The foster mother's solicitor Sharon Ramsden said that for prosecutors to succeed on their intimidation charges against her client, they would have to show the intent was unlawful harm.
Otherwise, the case would catch any parent who threatened their son or daughter with a smack on the bottom.
"Any time a parent said that, it would amount to intimidation," Ms Ramsden said.
Under the defence of lawful correction in NSW, a parent or carer can use force on a child as long as the action was intended as punishment.
Police prosecutor John Marsh said the foster mother's claims she made lawful threats to the child as a carer should be rejected.
Her remorse at a later police interview was also not relevant when determining whether there had been a pattern of violence, he said.
There was unchallenged evidence the foster father grabbed the child's neck and he knew the alleged intimidation was likely to cause fear or physical or mental harm, Sgt Marsh added.
Magistrate Susan McIntyre will deliver her decision on March 22 at Downing Centre Local Court.
Australian Associated Press
