Top jockey Danny Nikolic’s legal team has accused Racing Victoria stewards of shifting the goalposts regarding the charges the rider faces.

RVL stewards laid two charges accusing Nikolic of improper practices in connection with racing as well as another two for conduct prejudicial to the interests of racing.

In his closing submission, counsel representing the stewards, Paul Holdenson QC, asked the Racing Appeals and Disciplinary Board to draw the inference Nikolic communicated to his associates so they could lay the rider’s mounts with confidence.

However, Nikolic’s barrister, Richard Smith SC, told the RAD Board Nikolic had not been given an opportunity to defend himself against the “new charges”.

“The prosecution has danced around this concept with Nureyev-like quality,” Smith said. “It has never been put to Nikolic that communications to his associates were meant as a signal to lay horses.

“That is a very different charge.

“We are now told the inference is to be drawn that Nikolic gave a clear signal to lay the horses. This was never put to Nikolic in this hearing, nor during the 12 times did the stewards interview him.”

Smith closed out his defence of Nikolic by arguing the rider had broken no rule of racing with his contact with Clements because the rules of racing do not cover “this kind of conversation.”

“The stewards were unable to prove Nikolic’s communications were anything other than what he said they were,” Smith said

“There is no such rule which said you can’t communicate with a person of such a class (a professional punter) regarding a horse’s chances.”

Both sides’ closing submissions followed another tense grilling for Nikolic with Holdenson again focussing on whether Nikolic knew Clements laid horses on Betfair and the jockeys relationship with Alessandro Alaimo.

Nikolic initially denied knowing Alaimo when stewards questioned him in January but revealed he subsequently rang steward Allan Reardon to correct his error on the same day he was questioned.

Nikolic and Holdenson shocked the hearing when they traded expletives while Holdenson put a hypothetical scenario to Nikolic regarding the type of conversation the jockey has with Clements.

The RAD Board has adjourned to consider its verdict on the four charges as well as consider a penalty for Nikolic on the five less serious charges to which he pleaded guilty on Monday.

RAD Board chairman, Judge Russell Lewis, indicated Nikolic would receive “a monetary penalty” for the five charges which relate to the rider abusing stewards as well as leaving the jockeys’ room without permission.

The RAD Board will hand down its decision on Tuesday at 10am.

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