Judge cites ‘publicity’ in dismissing Nick Kyrgios’ assault charge after guilty plea

Tennis star Nick Kyrgios pled guilty to assaulting ex-girlfriend Chiara Passari during an argument in 2021, but a judge in Canberra, Australia dismissed the charge – citing, among other things, the “publicity” the trial garnered.

Magistrate Jane Campbell said that the case did not warrant a conviction despite the guilty plea, and that the publicity of the trial, the time that had elapsed since the incident and the fact that Kyrgios did not appear to be a risk of re-offending factored into her decision.

In the incident, Kyrgios pushed Passari to the ground as she stood in the door of an Uber outside her apartment in Canberra, trying to prevent the 2022 Wimbledon runner-up from leaving. He reportedly told her to “piss off” and “leave me the f–k alone” as she asked him to get out of the car.

Passari reported the incident months later after a brief reconciliation.

Australian tennis star Nick Kyrgios arrives on crutches to the magistrate’s court in Canberra on Feb. 3, 2023, to plead guilty to assaulting ex-girlfriend Chiara Passari. AFP via Getty Images

Kyrgios had suffered severe depression, suicidal ideation and insomnia in the past, a psychologist told a court on Friday when the Australian tennis star pleaded guilty.

Campbell did not record a conviction against Kyrgios for reasons including that the offense was at the low end of seriousness for a common assault, and was not premeditated.

Campbell described it as an act of “stupidity” and “frustration.”

Kyrgios’ psychologist, Sam Borenstein, said in a written report and testimony by phone that Kyrgios had suffered major depressive episodes in the past and had used alcohol and drugs to cope. Kyrgios’mental health led to impulsive and reckless behavior.

Passari and Kyrgios prior to their break up. Kyrgios says he had severe depression, suicidal ideation and insomnia during their relationship. Instagram/Nick Kyrgios

His knee injury this month had resulted in mild to moderate symptoms of depression, but his mental health was improving, Borenstein said.

“He’s doing very well,” Borenstein said. “His mental health has improved significantly.”

Lawyers for Kyrgios had sought to have an assault charge stemming from events two years ago dismissed on mental health grounds but the application was unsuccessful.

In February last year, Kyrgios opened up about his performance at the 2019 Australian Open, saying what appeared to be a positive time in his life had been “one of my darkest periods.”

Kyrgios withdrew from the Australian Open last month because of an injured left knee that required arthroscopic surgery. Getty Images

“I was lonely, depressed, negative, abusing alcohol, drugs, pushed away family and friends,” he wrote on Instagram. “I felt as if I couldn’t talk or trust anyone. This was a result of not opening up and refusing to lean on my loved ones and simply just push myself little by little to be positive.”

Kyrgios made further references to his mental health struggles during his runs to the final at Wimbledon and the quarterfinals at the US Open.

After ending Daniil Medvedev’s US Open title defense in September last year to reach the quarterfinals, Kyrgios expressed pride at lifting himself out of “some really tough situations, mentally” and “some really scary places” off the court.

Kyrgios had a career setback last month when he withdrew from the Australian Open because of an injured left knee that required arthroscopic surgery.

With AP