Nick Kyrgios seeks dismissal of assault case against ex on mental health grounds

Nick Kyrgios' lawyers have said they'll apply to have his assault charges dismissed on the grounds of mental health.

Kyrgios' lawyers were at the ACT Magistrates Court in Canberra on Tuesday – where they asked for an adjournment to allow for mental health reports to be prepared. The Australian wasn't presented on Tuesday as he prepares for the Japan Open.

Magistrates can dismiss the case, under Section 334, of the ACT Crimes Act, if it is satisfied the accused is mentally impaired and the facts or other relevant evidence supports the person being dealt with under this rule.

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The application was made after his lawyer reviewed Kyrgios’ "medical history since 2015, including public disclosures of his mental health struggles."

Kyrgios was charged with assaulting his former partner Chiara Passari in December last year.

A police statement read: "ACT Policing can confirm a 27-year-old Watson man is scheduled to face the ACT Magistrates Court on the 2nd of August in relation to one charge of common assault following an incident in December 2021."

A hearing on the application for the adjournment will take place on 3 February 2023. Kyrgios wanted the hearing to be closer – but he wanted to attend the hearing in person.

"My client's preference is to attend in person," Kyrgios' lawyers told the court. If Kyrgios is found guilty he could face two years in prison.

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