Lack of information makes progress for Nick Kyrgios' Tesla robbery case 'almost impossible'

Prosecutors have been told the case against the alleged robber accused of stealing the keys to Nick Kyrgios’ Tesla at gunpoint must be ready to proceed to a higher court next month.

The 32-year-old, who has not been named for legal reasons, has been held in custody since his arrest after the alleged incident on 1 May 2023.

He appeared over the phone when his case returned to the ACT Magistrates Court on Tuesday (15 August) and his lawyer, Legal Aid’s Jan de Bruin, said it had been 10 weeks since he had entered not guilty pleas to his charges.

He said the brief of evidence that had been prepared by the police referred to numerous items that hadn’t been disclosed to his office, nor to the prosecutor’s.

Dr de Bruin said without the information it was “almost impossible” to finalise his client’s instructions.

Magistrate James Lawton told the prosecutor that he would allow a four-week adjournment on the expectation the matter would be committed to the Supreme Court on the next occasion it returned to the courtroom.

If it was not ready to proceed on the next occasion, then he would hear whatever application the defence lawyers wanted to make, he said.

The magistrate remanded the defendant in custody and adjourned the matter to 12 September.

The court had heard that the case had been waiting on more evidence on the last occasion it was mentioned.

It is alleged Mr Kyrgios’ mother had partially opened the front door of a home on 1 May to find a mask-wearing man standing outside and holding a long-barrelled firearm that was pointed at her, court documents say.

He allegedly forced the door open with his gun, demanded the keys to Mr Kyrgios’ green Tesla, which was parked nearby, then pointed the gun towards her and demanded she tell him how to drive it. She said she didn’t know how because it wasn’t hers.

It is reported she was escorted outside at gunpoint but ran back inside the home and screamed for help when the man got inside the car.

Mr Kyrgios used an app on his mobile phone to track his Tesla so he was able to tell police its location.

He also placed a speed limit of 80 km/h on the car via the app, which helped police follow it.

Police found the Tesla parked on a street about 15 minutes after it was stolen, but the driver allegedly sped away when they approached.

A pursuit was started, with police chasing the car through Canberra while Mr Kyrgios gave them updates on its location.

Officers cornered the car in Ainslie at about 9 am, and the defendant was allegedly pulled from the driver’s seat and arrested after a struggle, during which he was tasered.

Police said that due to his alleged non-compliance during his arrest, he sustained a number of injuries and was taken to the Canberra Hospital for treatment.

Later that month, police claimed the shotgun used in the alleged robbery had been seized.

The defendant has been charged with aggravated robbery, failing to stop a motor vehicle for police, riding/driving a motor vehicle without consent and resisting a public territory official.