Wimbledon finalist Nick Kyrgios will try to have an assault charge against a former partner dismissed on mental health grounds, his lawyer said.
Kyrgios, who is currently competing in the Japan Open, faces two years in prison if found guilty of the common assault charge in relation to an incident involving an ex-girlfriend in January 2021.
Lawyer Michael Kukulies-Smith appeared in the 27-year-old tennis star’s hometown of Canberra to ask for an adjournment so forensic mental health reports could be prepared.
Magistrate Glenn Theakston adjourned the case until February 3 when Kyrgios’ lawyers are expected to apply to have the charge dismissed under a section of the local crimes law.
The 27-year-old Australian tennis star will appear in court in person on that date for the first time since he was charged by police by summons in July.
The law gives magistrates the power to dismiss a charge if they are satisfied an accused person is mentally impaired, and dealing with an allegation in that way would benefit the community and the defendant.
Kukulies-Smith told the court his client’s mental health history since 2015 made the application appropriate, citing a number of public statements made by Kyrgios.
The current world number 20 is scheduled to play at the Japan Open later on Tuesday against Tseng Chun-hsin of Taiwan.
Speaking in Tokyo before his matter returned to court, Kyrgios said it was “not difficult at all” to focus on tennis despite the pending charge.
“There’s only so much I can control and I’m taking all the steps and dealing with that off the court,” he told reporters. “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.”
In February, Kyrgios opened up about his performance at the 2019 Australian Open, saying what appeared to be a positive time in his life had been “one of my darkest periods.”
“I was lonely, depressed, negative, abusing alcohol, drugs, pushed away family and friends,” he wrote on Instagram. “I felt as if I couldn’t talk or trust anyone. This was a result of not opening up and refusing to lean on my loved ones and simply just push myself little by little to be positive.”
