Kyrgios assault charge dismissed after guilty plea

by Love Game Tennis Staff

Nick Kyrgios has avoided a criminal conviction after pleading guilty to a charge of assaulting his former girlfriend two years ago.

Kyrgios, ranked 20th and a finalist at Wimbledon last summer, admitted at a magistrates court hearing in Canberra that he pushed Chiara Passari to the ground during an argument on 10 January 2021. The Australian’s guilty plea came after an unsuccessful attempt by his legal team to have the charge thrown out on mental health grounds.

However, the magistrate, Beth Campbell, dismissed the case without conviction after describing the incident as “a single act of stupidity or frustration” of “low level” seriousness. Campbell added that she did not think Kyrgios was at risk of reoffending. The maximum sentence for common assault on a civilian in Australia is two years’ imprisonment.

“I respect today’s ruling and I’m grateful to the court for dismissing the charges without conviction,” Kyrgios later said in a statement issued on social media. 

“I was not in a good place when this happened and I reacted to a difficult situation in a way I deeply regret. I know it wasn’t OK and I’m sincerely sorry for the hurt I caused.  

“Mental health is tough. Life can seem overwhelming. But I’ve found that getting help and working on myself has allowed me to feel better and to be better.”

The late-night incident occurred following an altercation between the couple as Passari attempted to prevent Kyrgios from getting into an Uber outside her apartment in Canberra. Kyrgios’s lawyer, Michael Kukulies-Smith, said his client attempted to move Passari “lawfully” several times before swearing at her and pushing her. Passari, who fell to the pavement as a result, said in a statement that she suffered shoulder pain and a grazed knee. 

Kyrgios apologised the following day, the court heard, and the couple were subsequently reconciled. Passari did not file a formal complaint to the police until 10 months later, when they split permanently. 

Sam Borenstein, Kyrgios’s psychologist, told the court that the player had suffered from recurrent bouts of depression, which included thoughts of self-harm. However, Kyrgios later withdrew a bid to have the case dismissed on the basis of his mental health at the time of the incident.

Campbell said Kyrgios was “a young man trying to extricate himself from a heighted emotional situation” who had “acted in the heat of the moment”.

“I am dealing with you in the same way I would deal with any young man in this court,” said Campbell. “You are a young man who happens to hit a tennis ball particularly well.”

Kyrgios arrived at the court on crutches following arthroscopic surgery on a left knee injury that forced him to withdraw from the Australian Open last month. He was accompanied by his partner, Costeen Hatzi, and members of his family, all of whom he thanked as his focus shifted to his return to the court.

“I can never thank Costeen, my family and friends enough for supporting me through this process,” said Kyrgios. “I now plan to focus on recovering from injury and moving forward in the best way possible.”

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