Nick Kyrgios will attempt to have an allegation he assaulted his former girlfriend Chiara Passari dismissed on mental health grounds.
The 27-year-old tennis star has been charged with common assault after allegedly assaulting Passari in Canberra last December, with the case currently before the ACT Magistrate’s Court.
His lawyer Michael Kukulies-Smith told Magistrate Glenn Theakston on Tuesday that Kyrgios had experienced mental health issues, which had been disclosed in his medical records over the past seven years.
Kyrgios’s legal team applied on Tuesday to have the ACT Magistrates Court deal with his charge under Section 334 of the locals Crimes Act, and asked the court for an adjournment to allow them time to prepare a report to support their application.
The act gives the court power to dismiss a charge where it is satisfied that the accused is mentally impaired and the facts or other relevant evidence supports the person being dealt with under this division.
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 to 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.
