CANBERRA, Australia — Tennis star Nick Kyrgios was due to appear in an Australian court Friday to apply to have an assault charge stemming from events two years ago dismissed on mental health grounds.
His lawyer Michael Kukulies-Smith appeared in a court in Kyrgios’ hometown of Canberra in October and asked for an adjournment so forensic mental health reports could be prepared.
Magistrate Glenn Theakston adjourned the case until Friday, when lawyers for the 27-year-old Australian are expected to apply to have the charge dismissed under a section of the local crimes law.
Kyrgios, a Wimbledon finalist last year, is set to appear in court in person for the first time since he was charged by police by summons in July last year.
His hearing was listed to start at 2:15 p.m. local time.
The law gives magistrates the power to dismiss a charge if they are satisfied an accused person is mentally impaired, and if dealing with an allegation in such a 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 in December that year.
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 last year, 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.”
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 defense in September last year 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.
Theakston questioned whether Kyrgios would need to appear in court for Friday’s hearing, but Kukulies-Smith said his client wanted to attend.
Kyrgios had a career setback last month when he withdrew from the Australian Open because of an injured left knee that required arthroscopic surgery.
Kyrgios was considered the host country’s strongest chance to win a title at Melbourne Park last month before he had to pull out of the tournament. Djokovic went on to win the Australian Open singles championship for the 10th time.