Supreme Court grants Danny Nikolic stay on second order banning him from Victorian racetracks

CONTROVERSIAL jockey Danny Nikolic has won a stay of a second exclusion order banning him from Victoria’s racetracks.

Danny Nikolic at the Melbourne Supreme court. Danny Nikolic to take on chief commissioner Graham Ashton over his decision to ban him from Victorian racetracks. Picture: Nicole Garmston

• Police must pay Nikolic’s costs as racetrack ban withdrawn

CONTROVERSIAL jockey Danny Nikolic has won a stay of a second exclusion order banning him from Victoria’s racetracks.

Last October, Victoria Police had to revoke an initial order banning Nikolic from racecourses because of a procedural blunder, and it was ordered to pay his court costs of almost $50,000.

The Herald Sun can reveal that a month after this, on November 15, Deputy Commissioner Shane Patton issued the second ban.

Nikolic, 40, is once again fighting this racing exclusion order in the Supreme Court. And an associate judge has granted a stay of the order.

Nikolic is arguing he was denied natural justice — an argument he also advanced in respect of the first ban.

The 40-time Group 1 winner argues that he was denied the opportunity to see and object to the evidence that led to the Deputy Commissioner’s decision.

He also argues that Mr Patton’s decision to issue the ban was beyond his legal power or authority.

Nikolic’s solicitor, Jason Murakami, said that by law, Chief Commissioner Graham Ashton should be the one to sign off on such bans.

Although the police chief can delegate the task, this must done in writing and this was not done in Nikolic’s case, Mr Murakami said

Associate Justice Mark Derham ordered the Deputy Commissioner to appear in court to explain why the decision should not be reviewed.

A copy of the associate judge’s orders were to have been served on the Deputy Commissioner by 4pm. The parties were ordered to return to court next Friday.

Victoria Police would not explain why Mr Patton had banned Nikolic for the second time.

“Victoria Police will not provide comment on specific individuals relating to exclusions and or revocation orders in respect of an individual’s privacy,” spokeswoman Natalie Webster said.

Nikolic, who has moved to Queensland, hopes to return to the saddle.

But a litany of legal challenges has so far prevented that from happening.

Nikolic has not ridden since being found guilty of threatening Racing Victoria chief steward Terry Bailey and his family at the Seymour races in September 2012.

He received a one-year disqualification.

An exclusion order from Crown casino was imposed on Nikolic three years ago.

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