Danny Nikolic’s legal counsel has challenged Racing Victoria Limited to prove the Caulfield Cup-winning rider has actually breached the rules of racing at a hearing on Monday.

RVL stewards laid nine charges against Nikolic surrounding 11 of the rider’s beaten mounts over the summer months, alleging Nikolic participated in an illicit relationship with warned off punters Neville Clements, Kevin McFarland and Alessandro Alamo as well as prominent owner John O’Neill.

RVL’s barrister, Paul Holdenson QC, told the RAD Board Nikolic provided information to Clements, O’Neill and Alamo about the chances of his mounts, information which prompted the trio to lay Nikolic’s mounts on betting exchange Betfair.

Holdenson conceded the RVL case against Nikolic was “a circumstantial case” but alleged Nikolic’s information gave Clements and Alamo in particular “the confidence to risk substantial sums of money on Nikolic’s mounts they would not have risked on other jockeys.”

According to Holdenson, the information Nikolic allegedly provided gave the punters an “improper betting advantage” which breached ARR 175

Nikolic’s barrister, Richard Smith SC, told the RAD Board a jockey speaking to friends about the chances of a horse he was riding did not breach any rule of racing.

Smith told the RAD Board Nikolic admitted to knowing Clements, Alamo and O’Neill but denied any relationship with McFarland.

Smith fired back in the afternoon session, forcing the RVL barrister into a telling concession after the Board, chaired by Russell Lewis, ruled a statement supplied by chief steward Terry Bailey and footage of Nikolic’s beaten rides was inadmissible.

Holdenson was forced to admit the stewards did not lay much more serious charges against Nikolic of failing to use all reasonable measures to obtain the best possible placing “because I (Holdenson) did not think the case would get over the line”.

However, Holdenson had a win of his own after the RAD Board ruled evidence surrounding Queensland’s Baby Boom case which resulted in Clements, McFarland and Alamo being warned off after the trio refused to assist stewards with the inquiry into the beaten odds-on favourite.

Smith attempted to have evidence, which included the revelation Clements won $45,000 after Baby Boom’s defeat as an odds-on favourite at the Sunshine Coast in January, ruled as irrelevant to Nikolic’s case, but the Board ruled in RVL’s favour.

The hearing is scheduled to continue on Tuesday and Wednesday.

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