A charge of common assault against tennis star Nick Kyrgios has been dismissed despite his earlier plea of guilty in the ACT Magistrates Court.
Kyrgios had been charged with assaulting his former girlfriend Chiara Passari in 2021, when he pushed her out of the way of an Uber door as she was trying to prevent him from leaving an argument.
Kyrgios argued the charge should be dismissed on the grounds of his mental health, but that was withdrawn when the court found he is not currently suffering a significant depressive illness.
He then pleaded guilty to one count of common assault in relation to the incident.
But later in the court hearing, Magistrate Beth Campbell dismissed the charge, deciding no conviction should be recorded.
Documents tendered to the court revealed on January, 10, 2021, Kyrgios and Ms Passari were standing outside the Canberra apartment block where Ms Passari lived.
The pair then got into a loud argument, which led Kyrgios to order an Uber.
Once the Uber arrived, court documents said he stepped into the front passenger seat but Ms Passari stood between the passenger side and the door to prevent it being closed.
The documents stated the argument continued as Ms Passari asked him to get out of the car.
The court heard the Uber driver would not leave until the door was closed.
The court heard Kyrgios then told Ms Passari:
“Leave me the f*** alone, I’m going home and don’t want to be with you,” he said.
“Just f***ing piss off.”
Kyrgios became frustrated, telling the driver “dude leave”.
The court heard he then pushed Ms Passari with sufficient force so she fell down, landing on her right side.
Ms Passari suffered a sore shoulder and grazed knee.
Kyrgios has been off the tennis court for almost a month, and arrived at court assisted by a pair of crutches.
He pulled out of this year’s Australian Open on January 15 due to an ongoing knee injury, for which he has since had surgery.
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