Tennis ace Nick Kyrgios will ask a Canberra court to dismiss an assault charge on mental health grounds.
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Defence lawyer Michael Kukulies-Smith flagged the move in the ACT Magistrates Court on Tuesday, saying he had reviewed medical records dating back to 2015.
He asked magistrate Glenn Theakston to list the matter for an application under section 334 of the territory's Crimes Act, which allows the court to dismiss a charge if it is satisfied a defendant is mentally impaired and it would be appropriate to deal with the case that way.
Dismissals can be either unconditional or accompanied by a requirement that the defendant submit to the jurisdiction of the ACT Civil and Administrative Tribunal, which has the power to make orders about mental health treatment.
Kyrgios, 27, was issued a summons earlier this year to answer a single charge of common assault, which relates to an alleged incident involving ex-girlfriend Chiara Passari in the ACT.
It is understood police allege the Watson resident pushed Ms Passari out of the doorway of an Uber as he attempted to leave a public place in the rideshare vehicle in January 2021.
Ms Passari reported the alleged assault to police last December, triggering an investigation.
Kyrgios, who has not entered a plea, is yet to face court in person and is currently overseas, preparing to take on Tseng Chun-hsin in the first round of the Japan Open on Tuesday night.
Mr Kukulies-Smith indicated the men's world no.20, who "travels extensively with his work", wished to attend for the first time when the application for a mental health dismissal was eventually heard.
He said he anticipated a report about Kyrgios' mental health would be available in three or four weeks, and estimated the application would take 45 minutes or an hour of court time.
Mr Theakston ultimately listed the application on February 3 next year, setting aside 90 minutes for it.
Kyrgios, a beaten finalist in this year's Wimbledon men's singles, was at the UK grand slam when The Canberra Times revealed in July that he had been charged.
He told reporters at that tournament he was "only human" and it had been "hard" to see the worldwide coverage that followed revelations of the charge.
"Obviously, I have a lot of thoughts, a lot of things I want to say, kind of my side about it," Kyrgios said at the time.