Jockey banned for 'sinister' threats

DANNY Nikolic will spend the next two years out of racing after the Racing Appeals and Disciplinary Board ruled yesterday that disqualification was the only suitable penalty for the jockey found guilty of threatening the state's chief steward.

By InvestSMART · 3 Oct 2012

By InvestSMART ·
3 Oct 2012

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In delivering the penalty, board chairman Judge Brian Forrest was less than sympathetic to any plea for leniency, citing Nikolic's poor record in his dealings with stewards and, in particular, chief steward Terry Bailey.

"There is little in the way of mitigating circumstances Mr Nikolic does not have an unblemished record," Mr Forrest said. "Mr Nikolic's defence argued that the evidence of Mr Bailey had been fabricated and so there has been no question of any remorse or contrition."

Already found guilty on two charges relating to improper practice and conduct prejudicial to the image and welfare of racing, after clashing with Mr Bailey at the Seymour races on September 4, Nikolic's legal team had asked the board to avoid the "easiest thing" and slap the 37-year-old jockey with a lengthy disqualification.

"This has been akin to having him in the stocks where he is subject to continuous public ridicule and public comment. Give him another chance," said Sandy Robertson, QC.

Mr Forrest said jockeys carried the responsibility to uphold the image of racing and by being found guilty of threatening the chief steward, Nikolic had failed to do this.

The board had viewed the threats made by Nikolic to Mr Bailey at Seymour to be contemptible, abusive, and sinister, and deserved to be dealt with seriously.

Nikolic remained largely expressionless as the ban was delivered and left Racing Victoria headquarters without comment. It is not clear if he will appeal against the ruling to the Victorian Civil and Administrative Tribunal.

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Frequently Asked Questions about this Article…

Why was jockey Danny Nikolic banned from racing?

Danny Nikolic was banned after the Racing Appeals and Disciplinary Board found him guilty of threatening the state's chief steward, Terry Bailey, following a clash at the Seymour races on September 4. The board also noted earlier guilty findings relating to improper practice and conduct prejudicial to the image and welfare of racing.

How long is Danny Nikolic's racing ban and what form does it take?

The board imposed a two-year disqualification from racing — a complete ban from the sport for that period, which the Racing Appeals and Disciplinary Board ruled was the only suitable penalty.

Which body handed down the ban and who delivered the penalty?

The Racing Appeals and Disciplinary Board handed down the ban, with board chairman Judge Brian Forrest delivering the penalty and explaining the reasoning behind the two-year disqualification.

What factors did the board cite in deciding on a two-year disqualification?

Judge Brian Forrest cited Nikolic's poor record dealing with stewards, the seriousness of threats made to chief steward Terry Bailey, and a lack of mitigating circumstances. The board described the threats as contemptible, abusive and sinister and said jockeys have a responsibility to uphold the image of racing.

Did Nikolic's legal team seek leniency, and what arguments were made in mitigation?

Yes. Nikolic's legal team, including Sandy Robertson QC, asked the board to avoid the 'easiest thing' of a lengthy disqualification and urged that he be given another chance, arguing the situation had subjected him to public ridicule. The defence also questioned the authenticity of some evidence, but the board was unsympathetic.

Is it known whether Danny Nikolic will appeal the ban?

The article states it is not clear if Nikolic will appeal the ruling to the Victorian Civil and Administrative Tribunal, and he left Racing Victoria headquarters without comment.

How did the board describe the impact of Nikolic's conduct on the image of racing?

The board said that by being found guilty of threatening the chief steward, Nikolic failed to uphold the image of racing. His actions were seen as prejudicial to the image and welfare of the sport and merited a serious response.

Where did the threatening incident take place and when?

The threats to chief steward Terry Bailey occurred at the Seymour races on September 4, according to the board's findings reported in the article.