Controversial jockey Danny Nikolic will try to regain his racing licence after successfully challenging a police order banning him from Victorian racecourses.
Victorian Supreme Court judge Tim Ginnane on Thursday ruled the police exclusion order was not made in accordance with the law because the rider “was not provided with details of adverse allegations against him”.
Nikolic can now return to the Victorian Civil and Administrative Tribunal (VCAT) to try to have his riding licence reinstated.
A Caulfield Cup-winning jockey, Nikolic was disqualified from racing for two years after being found guilty of threatening chief steward Terry Bailey at a Seymour race meeting in 2012.
He incurred a further penalty for offensive conduct towards another steward outside a VCAT hearing room during an appeal against the two-year ban.
But the 41-year-old had a clear win when an exclusion order issued in mid-November 2015 by Deputy Commissioner Shane Patton was ruled invalid.
“Mr Nikolic was not provided with details of adverse allegations against him that were relevant, credible and significant to the making of the exclusion order,” Justice Ginnane said.
“He was not informed of relevant exculpatory material. Also he was informed he had received all the unprotected information when that was not the case.”
Much of the case was held behind closed doors and only sections of Justice Ginnane’s ruling were made public on Thursday.
Police in October revoked a previous exclusion order, the Supreme Court ordering the force to pay the jockey’s costs in the case.