Tennis: Nick Kyrgios wants assault charge dismissed on mental health grounds

Nick Kyrgios has been charged with common assault of his ex partner. Photo / Photosport

Nick Kyrgios will attempt to have a charge of common assault dismissed on mental health grounds.

Kyrgios' lawyer Michael Kukulies-Smith applied on Tuesday to have the ACT Magistrates Court deal with the case under Section 334 of the Territory's Crimes Act.

Mr Kukulies-Smith told the court that his client had experienced mental health issues in recent years.

Section 334 gives the court power to dismiss a charge where the court is satisfied that the accused is mentally impaired and the facts or other relevant evidence supports the person being dealt with under this division.

The tennis star is accused of grabbing his former partner Chiara Passari in December 2021. Passari and Kyrgios started dating in the middle of 2020, just three months after he split from Russian tennis player Anna Kalinskaya.

They dated on-and-off for about 18 months before Kyrgios confirmed he was in a new relationship with Costeen Hatzi in December last year.

Kyrgios, who is in Tokyo playing at the Japan Open, was not required to appear in court on Tuesday.

Mr Kukulies-Smith told the court his client would prefer to appear in person at the hearing and have the matter dealt with this year.

But his lawyers' and the court's clashing schedules mean the matter has been adjourned until February 3.

Tuesday's adjournment is the latest in a series of delays for Kyrgios' court case.

Kyrgios was initially due to face the Magistrates Court on August 2, but the hearing was postponed for three weeks due to his competition schedule.

Kyrgios' lawyers then attempted to have the matter adjourned until November 25.

Magistrate Louise Taylor rejected the application for the three-month delay but agreed to a six week adjournment until October 4.

The offence carries a maximum jail sentence of two years if convicted.