TODAY'S ruling by Victorian racing's judiciary regarding jockey Dan Nikolic's failure to follow a stewards' order and give up his mobile phone for examination could have ramifications for all licensed persons, it was claimed yesterday, reports The Age.Victorian Jockeys Association chief executive Des O'Keeffe said all persons licensed under the Australian rules of racing will watch today's proceedings with great interest as the ruling could either set a precedent for future cases or may even for
TODAY'S ruling by Victorian racing's judiciary regarding jockey Dan Nikolic's failure to follow a stewards' order and give up his mobile phone for examination could have ramifications for all licensed persons, it was claimed yesterday, reports The Age.
Victorian Jockeys Association chief executive Des O'Keeffe said all persons licensed under the Australian rules of racing will watch today's proceedings with great interest as the ruling could either set a precedent for future cases or may even force a rule change.
''I think every licensed person wants clarity and certainty in the rules,'' O'Keeffe said. ''This particular rule is open-worded as stewards certainly have a different interpretation as to how the rule works compared to the interpretation of other licensed persons.''
O'Keeffe said the VJA believed the stewards' power to order a licensed person to surrender a mobile phone opened up privacy concerns.
Nikolic today faces one of two charges laid last week by Racing Victoria Ltd stewards following a lengthy investigation into a number of his rides going back to the spring carnival of last year.
Today he will face a charge under ARR 175 (p) which states that a licensed person must comply with a stewards' order. Stewards may penalise any licensed person who fails to do so.
The Australian Racing Board's chief executive Andrew Harding said his board will play no part in today's inquiry. ''We make the rules and it is up to the individual judiciary - in this case the RAD Board - to interpret the rules,'' he said.
Harding said that the result of today's inquiry will not necessarily force the board to review the particular rule unless an ambiguity is found to exist in the interpretation.
Stewards are today likely to argue that no one has forced Nikolic to become a licensed person. He did so willingly so as to pursue his career as a jockey and so by signing on as a licensed rider, he is automatically bound by the rules and therefore bound by an order from the stewards.
A second charge against Nikolic for using his mobile phone during a race meeting to call professional punter Neville Clements without authorisation will be heard at a later date. A related charge against Clements will also be heard at a date to be fixed.