There has been a new twist in the ongoing assault case involving Nick Kyrgios with his lawyers formally requesting that the charge be dismissed on the grounds of his mental health.
The Wimbledon runner-up is accused of ‘common assault’ by his former girlfriend Chiara Passari concerning an incident which allegedly took place in December 2021. In the worst-case scenario, those convicted of such offences can face up to two years in prison in extreme cases.
At a court hearing on Tuesday Kyrgios’ lawyer, Michael Kukulies-Smith, applied for the ACT Magistrates Court to deal with his charge under Section 334 of the Crimes Act, which gives the court the power to dismiss a charge where it is satisfied the accused is mentally impaired.
An adjournment has been granted for a mental health assessment to be conducted. Mr Kukulies-Smith said he has made such a request after reviewing Kyrgios’ ‘medical history since 2015, including public disclosure of his mental health struggles.’
The 27-year-old was not present in court for the hearing as he is currently participating in the Tokyo Open where he will play his first round match against Tseng Chun-Hsin later today. Before the start of the tournament, he told reporters that it is ‘not difficult at all’ for him to focus despite his ongoing court case.
“There’s only so much I can control and I’m taking all the steps and dealing with that off the court,” said Kyrgios.
“I can only do what I can and I’m here in Tokyo and just trying to play some good tennis, continue that momentum and just try to do my job – and that’s play tennis, play it well. That’s it.”
The court case is set to resume on February 3rd when a hearing will take place regarding the application for it to be dismissed. For legal cases to be thrown out on grounds of mental health, they must be approved by the director of public prosecutions.
Kyrgios is not required to attend in person but his lawyer said he intends do so.
“My client’s preference is to attend in person,” Mr Kukulies-Smith said.
Earlier this year, Kyrgilos spoke publicly about his mental health struggles in a post published on social media. In it, he revelled that in the past he has dealt with self-harm and suicidal thoughts.
