Nick Kyrgios requests that the assault charge be dismissed due to mental health issues

Nick Kyrgios

Greek Australian tennis player Nick Kyrgios' legal team has announced that they will seek to have an assault case against him dropped due to mental health issues.

Kyrgios was not compelled to appear at the Tuesday Canberra hearing while competing in the Japan Open in Tokyo.

According to the complaint, the 27-year-old was accused of assaulting a former lover in December 2021.

He might receive a two-year prison sentence if found guilty.

Michael Kukulies-Smith, Kyrgios' attorney, claimed that after reviewing his client's "medical history since 2015, including public revelations of his mental health issues," he was applying.

The magistrate's court can dismiss a case under Section 334 of the Crimes Act of the Australian Capital Territory if it determines the accused is mentally incompetent and the circumstances or other pertinent evidence supports the person being dealt with under this rule.

The director of public prosecutions must agree, and there is a high threshold before a case can be dismissed on these grounds.

The application will be subject to a hearing on February 3. According to Mr Kukulies-Smith, his client had to spend a lot of time abroad because of his job, which he explained before Magistrate Glenn Theakston.

The ACT Magistrates Court was informed that Kyrgios prefered the hearing to occur as soon as possible and for him to be present in person.

The tennis player, ranked 20th in the world right now, has previously been candid about his struggles with mental illness, including in posts on Instagram.

He asserted this week that it was not difficult to concentrate on his tennis despite the impending court battle.