Nick Kyrgios seeks to dismiss assault charge against former girlfriend on mental health grounds

Nick Kyrgios will apply to have an assault charge dismissed on mental health grounds, his lawyer told an Australian court on Tuesday.

Lawyer Michael Kukulies-Smith appeared on behalf of Kyrgios in a Canberra court - the hometown of the Wimbledon runner-up - and asked 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 in July.

Under the law magistrates have 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.

The common assault charge, which has a potential maximum sentence of two years in prison, relates to an incident involving Kyrigos' former girlfriend in January 2021, which was reported to local police last December.

Mr 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.

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.”

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Kyrgios made further references to his mental health struggles during his runs to the final at Wimbledon and the quarterfinals at the US Open.

After ending Daniil Medvedev’s US Open title defence last month to reach the quarterfinals, Kyrgios expressed pride at lifting himself out of “some really tough situations, mentally” and “some really scary places” off the court.

Mr Theakston questioned whether Kyrgios would need to appear in court for the February hearing, but Mr Kukulies-Smith said his client wanted to attend.

Kyrgios was scheduled to play at the Japan Open later 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.”