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The Canberra Times
The Canberra Times
Tim Piccione

Prosecution told to 'put their skates on', progress Kyrgios car robbery case

Nick Kyrgios with his green Tesla Model X. Picture Instagram

Police and prosecutors have been told to "put their skates on" and submit necessary evidence in the case of a man accused of stealing Nick Kyrgios' car at gunpoint.

Due to the ongoing delay, the court agreed to hear a stay application later this month for the case which could either lead to it being paused or ceased.

"You want to put pressure on the prosecution to provide this material," special magistrate Sean Richter said on Tuesday.

The court heard it had been 14 weeks since the 33-year-old, who is not named for legal reasons, had pleaded not guilty to five charges, including aggravated robbery and driving a vehicle without consent.

Legal Aid lawyer Jan de Bruin said the issue was police "failing to produce" evidence, mainly being the body worn camera footage of 11 officers.

Dr de Bruin said he could not seek further instructions from his client without the full brief.

"What's the hold up? That material shouldn't be that hard," the special magistrate asked prosecutor Caitlin Diggins.

"This is of significant urgency because this man has been in custody since the second of May."

Nick Kyrgios thanks fans for their support days after the alleged robbery. Picture Instagram

Ms Diggins said two of the 11 body worn camera recordings had been served but the rest still needed to be redacted to avoid repetition.

"The officer in charge understands the urgency," the prosecutor said.

She also argued the evidence brief was complete enough for the case to be committed to the ACT Supreme Court.

If the evidence in question is submitted in an appropriate time, the stay application, which was not specified to be permanent or temporary, can be vacated and the case progressed.

According to police documents previously tendered to the court, Kyrgios' mother answered a knock at the door to find a long-barrelled firearm pointed at her about 8.30am in early May.

Her assailant is said to have demanded the keys to Kyrgios' bright green Tesla, which was parked in the driveway.

Police say Kyrgios' mother handed over the keys before screaming for help, alerting her son, who was in the house at the time.

While Kyrgios and his manager, Daniel Horsfall, were on the phone to emergency services, the tennis star used the Tesla app to limit the car's speed to 80km/h and track its movements for police.

Tennis star Nick Kyrgios, who is a born and bred Canberran. Picture by Jamila Toderas

After pursuing the vehicle across several suburbs, police were able to arrest the driver in Ainslie.

Soon after the incident, Kyrgios thanked his fans for their support by posting on Instagram.

"Last couple days has been rough ... haven't slept much and battling a little," he wrote at the time.

Mr Richter said while the charges were relatively significant, the alleged offender remained in custody without "any proven charges".

"He may have done the whole of the sentence before he's found guilty or not guilty," the special magistrate said.

The alleged offender is set to face court again later this month.

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