Wimbledon runner-up 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 court in the tennis
star’s hometown of Canberra 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 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.
The common assault charge, which has a potential maximum sentence of two years
in prison, relates to an incident in January 2021 that was reported to local police last
The charge reportedly relates to an incident involving his former girlfriend.
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
“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.”
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
quarter-finals, Kyrgios expressed pride at lifting himself out of some really tough
situations, mentally and some really scary places off the court.
Theakston questioned whether Kyrgios would need to appear in court for the
February hearing, but 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