The lawyers for the alleged robber accused of stealing Nick Kyrgios’s Tesla at gunpoint have withdrawn their attempt to bring the legal proceedings to a halt.
Earlier this month, lawyers for the 33-year-old, who was arrested after the alleged incident on 1 May 2023, had asked to make a stay application due to what they said was a delay in receiving information from the police.
They did not say whether this would be for a temporary or permanent stay.
The ACT Magistrates Court heard the defence lawyers had asked for the body-worn camera footage from 11 police officers and police were in the process of redacting parts of the footage so it could be handed over. Two had been served by that time.
The stay application had been scheduled for Wednesday (27 September), but on that day, the alleged robber’s lawyer, Ellie Wallis of Legal Aid, said she would withdraw it.
She said this was due to how her team had recently received evidence.
While her team was still waiting to review this material, she said she would withdraw the application for the time being.
Special Magistrate Rebecca Christensen adjourned until October with the expectation the case would be committed to the Supreme Court and remanded the man in custody.
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’s green Tesla 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 could tell police its location.
He also placed an 80 km/h speed limit 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.
Later that month, police claimed the shotgun used in the alleged robbery had been seized.
The defendant, who is not named for legal reasons, 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.
He has pleaded not guilty.