The Racing Appeals & Disciplinary Board has ruled that fresh charges brought against disqualified jockey Danny Nikolic are valid.
After considering evidence presented at last Thursday's opening to this latest inquiry, the RAD Board found that Racing Victoria stewards had the jurisdiction to issue charges against Nikolic following an incident with RV steward Wade Hadley in and outside the VCAT hearing last November.
The RAD Board has now asked legal representatives for Nikolic and Racing Victoria to address the board in writing as to the question of procedural fairness over whether The RAD Board can hear the charges.
Both legal parties must present their written submissions on this point to the RAD Board by the end of this week.
Nikolic faces two charges of misconduct.
Nikolic's legal counsel argued last week that as Nikolic was disqualified at the time of the incident he did not fall under the Rules Of Racing.
Racing Victoria's legal argument spun on the view that at no stage did Nikolic's contract to be bound by the Rules Of Racing cease to exist.
The RAD Board found that the disqualification "did not have the effect of terminating the contract between Nikolic and Racing Victoria"
It also found that Nikolic "remained bound to observe the Rules of Racing" as at the time of the incident between himself and Hadley and remains bound until the time of the disqualification ends - October 2.
Victoria's Civil & Administrative Tribunal disallowed Nikolic's review of a two year disqualification imposed by the RAD Board, but varied the penalty to one year disqualification and a one year suspension. (www.racingnetwork.com.au)