Lawyers representing Nick Kyrgios have said that they are seeking to get an assault charge dismissed on mental health grounds.
Kyrgios faces a charge of common assault after an alleged incident in January 2021 involving his former partner. The incident was reported to police in December.
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Lawyers for the tennis player asked the Australian Capital Territory magistrates court for an adjournment on Tuesday to allow for mental health reports to be prepared.
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Kyrgios’s lawyer, Michael Kukulies-Smith, will then apply to have the charges dismissed under section 334 of the Australian Capital Territory’s Crimes Act.
Magistrates can dismiss the charge under the act if they are satisfied that the accused is mentally impaired.
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“My client’s preference is to attend in person,” Kukulies-Smith added.
A hearing for the application will take place on February 3.
Kyrgios faces a maximum sentence of two years in prison if found guilty.
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