Nick Kyrgios’s assault charge against ex-girlfriend Chiara Passari is dismissed after guilty plea

Tennis star Nick Kyrgios has had his assault charge dismissed after pleading guilty to shoving his ex-girlfriend.

Australian tennis star Nick Kyrgios has issued an apology after having his assault charge dismissed despite admitting to shoving his ex-girlfriend during a night out.

The world no. 20 fronted the ACT Magistrates Court on Friday where he was spared a conviction after pleading guilty to common assault during an argument with Chiara Passari more than two years ago.

After speaking only a few words to the reporters who ran towards him as he got into a car outside the court, Kyrgios issued a statement thanking the court and saying he was “sincerely sorry” for the hurt he had caused.

“I was not in a good place when this took place and I reacted to a difficult situation in a way I deeply regret,” the 27-year-old said.

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

Kyrgios, who recently underwent surgery after pulling out of the Australian Open on the first day of the tournament because of a tear to his knee cartilage, arrived at the court on crutches accompanied by his family and his current partner, Costeen Hatzi.

Nick Kyrgios arrived at the court on crutches after recently undergoing knee surgery. Picture: NCA NewsWire / Gary Ramage

Magistrate Beth Campbell rejected Kyrgios’s bid to have his assault charge thrown out on mental health grounds but ultimately dismissed his case, saying it didn’t warrant a conviction.

Ms Campbell told the court she would deal with Kyrgios’s case in the same way she would that of any other young man who was charged with a “low level assault”, irrespective of his fame for being someone who “happens to hit a tennis ball particularly well”.

The court heard sworn evidence from Kyrgios’s psychologist, as well as a victim impact statement from Ms Passari in which she said she felt “scared to be alone” after the assault and that the “trust and safety I felt with Nick no longer existed”.

Australian tennis star Nick Kyrgios was accused by police of assaulting his ex-girlfriend Chiara Passari (pictured). Picture: Facebook.

Ms Passari’s victim impact statement was read to the court. Pic Facebook.

Ms Campbell said it was clear Ms Passari was very distressed by what had happened.

But Ms Campbell said the assault was not premeditated and was instead an “impulsive and unfortunate response” to an incident which appeared to be a “one-off” and which she detailed by reading out a statement of sworn facts.

The court heard Kyrgios shoved Ms Passari to the ground during a loud verbal argument outside a unit complex in the Canberra suburb of Kingston on the night of January 10, 2021.

Ms Passari was standing in the door of an Uber preventing Kyrgios from leaving as they continued arguing and he told her to “leave me the f--- alone” before pushing her with “significant force” so that she fell to the ground.

A number of residents of the unit complex saw Ms Passari lying on the ground crying. She reported grazing her knee and hurting her shoulder.

Kyrgios thanked his family, friends and girlfriend for their support. Picture: NCA NewsWire / Gary Ramage

Ms Passari and Kyrgios met at a cafe a day later to discuss what had happened. During their conversation, which Ms Passari recorded without Kyrgios’s knowledge, he said he was remorseful for his actions.

The couple reconciled and Ms Passari didn’t report the incident to police until about 10 months later after they had split again for good.

Kyrgios’s lawyer Michael Kukulies-Smith asked that Ms Campbell not record a conviction given the tennis star had immediately shown remorse for his actions and that the offending was not serious.

Mr Kukulies-Smith had attempted to have the assault charge dealt with under section 334 of the local Crimes Act, which allows a magistrate to dismiss a case if they believe an accused is mentally impaired.

Kyrgios’ family and current partner came with him to court. Picture: NCA NewsWire / Gary Ramage

But Ms Campbell found Kyrgios was not mentally impaired, pointing to his psychologist Sam Borenstein’s evidence that his patient was not currently suffering from depression despite having experienced in the past.

Dr Borenstein told the court Kyrgios had experienced recurrent depressive illness and engaged in reckless behaviours including using alcohol and drugs as a way to cope.

Kyrgios has spoken publicly about his mental health struggles throughout his career.

Last February, he described his performance at the 2019 Australian Open had been “one of my darkest periods” despite it being a time when “most would assume I was doing OK mentally or enjoying my life”.

“I was lonely, depressed, negative, abusing alcohol, drugs, pushed away family and friends,” he said.

Originally published as Nick Kyrgios’s assault charge against ex-girlfriend Chiara Passari is dismissed after guilty plea