Jockey ... Danny Nikolic's ban will stand, for now, after a Victorian court threw out his appeal. Source: Mark Evans / News Limited
Disqualified jockey Danny Nikolic has failed in his bid to win a stay of proceedings against a two-year ban imposed earlier this month for threatening Victoria's chief racing steward.
Nikolic had asked the Victorian Civil and Administrative Appeals Tribunal (VCAT) to lift the disqualification and allow him to ride at the Melbourne spring racing carnival pending his appeal against the earlier verdict.
But VCAT vice-president, Judge Michael Macnamara said the community interest required him to reject Nikolic's application.
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"Clearly there is a public interest in the stewards being in control of racing,'' Judge Macnamara said.
He said public confidence in racing needed to be maintained and that stewards shouldn't be intimidated.
An earlier hearing before the Racing Appeals and Disciplinary (RAD) Board accepted the evidence of chief steward Terry Bailey that Nikolic had abused him and had threatened him at a race meeting at Seymour on September 4.
The hearing heard Nikolic had approached Bailey and said: "We all have families ... and we know where yours lives."
Nikolic maintained it had been Bailey who had threatened him, saying he would f&#nbsp;&#nbsp;&#nbsp; his career.
Nikolic wanted Judge Macnamara to lift the ban until VCAT hears his appeal.
Through his lawyer John Digby, QC, Nikolic claimed the financial consequences of missing the spring carnival should be taken into account, as should the loss of goodwill and standing he would suffer by foregoing regular mounts.
Digby said if Nikolic was ultimately cleared of the charges he would have suffered "irremediable damage''.
But Judge Macnamara said Bailey's version of events had "a degree of plausibility''.
"There seems to have been something going on between Mr Nikolic and Mr Bailey,'' he said.
He said tension and antagonism existed between them that was supported by the undisputed evidence that Nikolic had placed his feet on the table in the stewards room at Seymour when being questioned of the day of the alleged events.
The judge described that as "an extraordinary thing for a jockey to do''.
His proposal of a full appeal hearing next week was rejected by Nikolic and his legal team. The appeal will be heard on November 7 and 8.
