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bill
20-06-13, 08:20 PM
Racing authorities do not have the power to issue misconduct charges against disqualified jockey Danny Nikolic, a hearing has been told.
The latest inquiry involving the controversial jockey was adjourned on Thursday to allow Victoria's Racing Appeals and Disciplinary Board to consider jurisdictional argument presented by Nikolic's lawyers.
Nikolic has been charged with intimidating Racing Victoria steward Wade Hadley during his unsuccessful appeal against a two-year disqualification heard by the Victorian Civil and Administrative Tribunal in November.
The jockey was disqualified for threatening and abusing chief steward Terry Bailey at a race meeting at Seymour in September.
David O'Dowd, acting for Nikolic, told Thursday's hearing that because Nikolic was disqualified at the time he was not a "licensed person" because his contract with Racing Victoria had been terminated. "At the time he ceased to be a licensed person. He became a member of the public," O'Dowd said.
Counsel for RV stewards, Paul Holdenson, QC, countered that the jockey licence renewal Nikolic signed in June was still binding at the time of the VCAT hearing.
"The fact is that Nikolic was disqualified under the Rules," Holdenson said.
"It doesn't have the effect of altering or negating or terminating the agreement."


More... (http://formguide.cyberhorse.com.au/2013062060257/Australia/Nikolic-s-Lawyer-Questions-Jockey-Charge.html)