The lawyer for tennis star Nick Kyrgios has flagged he will attempt to dismiss his client’s common assault charge on mental health grounds.
The 27-year-old was issued the charge over an alleged incident in January 2021 and first appeared in the ACT Magistrates Court to face it earlier this year.
He did not appear in court on Tuesday (4 October) where his lawyer, Michael Kukulies-Smith of Kamy Saeedi Law, said after reviewing his client’s medical history back to 2015, he had formed the view that a 334 application was appropriate.
This section of the law gives magistrates the power to dismiss a charge if they are satisfied a defendant is mentally impaired and believes it is appropriate to do so.
Mr Kukulies-Smith sought a date to hear the application, which he expected would take up to an hour.
Magistrate Glenn Theakston said defendants had not been required to attend such applications in person in the past, but Mr Kukulies-Smith said it was Mr Kyrgios’ preference to come to court.
Magistrate Theakston adjourned the hearing for the application to 3 February 2023.
No plea was entered. As Mr Kyrgios was issued his charge via summons, bail was not required.