AJA Wanting Answers After Nikolic Case

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The Australian Jockeys' Association (AJA) intends to discuss with racing authorities what jockeys can and can't say about the prospects of their mounts before a race and who they can say them to as a result of the Danny Nikolic case.

Serious charges of improper practices in connection with racing and of conduct prejudicial to the interests of racing against Nikolic were dismissed by the Racing Appeals And Disciplinary Board on Tuesday.

Ross Inglis, director of the AJA, said after the decision that jockeys and trainers were regularly interviewed regarding the chances of their rides/runners.

"We don't want that to be curtailed and I'm sure no one does," he said.

"But there's an element of concern here of where do you draw the line?

"It can't be with the media, but obviously form analysts exist so perhaps they should be licensed.

"Maybe form analysts shouldn't be allowed to bet, they wouldn't be happy about that but I'm not sure (what should be done).

"But what's come out of this case is a number of questions to consider going forward."

Inglis said it was a "possibility" that jockeys' mobile phones could have to be registered with racing authorities in the same manner as bookmakers mobile phones used for taking bets on course.

Inglis said the AJA were already well down the track with coming up with some protocols regarding jockeys' mobile phones and laptops.

He said once these protocols were completed in three to four weeks' time, they would be taken to the Australian Racing Board for endorsement.

Nikolic Cleared Of Serious Charges

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Danny NikolicIt will be business as usual for Danny Nikolic on Wednesday when he rides at Sandown after he was cleared of serious charges brought by stewards.

The Racing Appeals And Disciplinary Board (RADB) on Tuesday dismissed four charges to which nikolic had pleaded not guilty.

Two charges related to improper practices in connection with racing and a further two to conduct prejudicial to the interests of racing.

The particulars of the charges were that Nikolic had formed associations with persons and, through communications with them, lay bets well outside the associates' normal betting patterns were placed on Betfair against a number of Nikolic's rides between October 1 last year and February 13 this year.

Nikolic said the stewards' investigation had been a very trying time for him both personally and professionally.

"I'm very happy with the end result and that I got a fair hearing at the RAD Board and that I've been cleared of any serious breaches," Nikolic said.

"This is all past tense to me, I'm sure I can now look forward to the spring carnival especially and really get on with things and try and rebuild what I like to do and that's ride the big winners.

"I was quietly confident. I know I had done nothing wrong so I was hoping the RAD Board would see it my way. I'm very happy now."

Nikolic said he wouldn't change using the same form people to help him to win races.

In dismissing the four charges, RADB chairman Judge Russell Lewis said the board was not satisfied that Nikolic had communicated with the associates or some of them about the chances of his mounts resulting in the associates making lay bets outside their normal betting parameters.

"The evidence relied upon by the stewards as a basis for drawing an inference that Nikolic communicated the chances of his mounts raises suspicions about what transpired," Judge Lewis said.

"But harbouring suspicions about his conduct is not sufficient to prove the charges.

"Finally, the board makes no criticism of the stewards for bringing these charges nor of the time taken to have them heard since once Betfair had informed them of apparent betting irregularities, they had a duty to investigate fully the circumstances surrounding such apparent irregularities."

Racing Victoria Limited (RVL) Integrity Services Manager Dayle Brown said the RVL stewards hadn't ruled out launching an appeal against the RADB decision but it would be discussed over the next week.

"It has been a long and complex investigation based on complex evidence from Betfair and the stewards' investigations," Brown said.

"The stewards have heard the judgment today and now wish to consider their position in relation to what the RAB Board has handed down before we make any further comment.

"I wouldn't say we were unhappy with the decision yet. We have to consider all aspects of it. It's complex, the evidence is complex and it's really a case which is breaking new boundaries and frontiers and we need to consider all that evidence."

Brown said the stewards had acted in an impartial and appropriate manner throughout the case.

The exhaustive investigation became public in February when stewards revealed they were investigating the defeat of odds-on favourite Finishing Card at Mornington on January 8 this year.

The investigation escalated to stewards looking at 21 of Nikolic's rides and identifying 11 of them as having questionable components.

Eight of those horses were laid to lose on Betfair by Nikolic's friend, professional punter and commission agent Neville Clements for substantial amounts.

Queensland punters Alessandro Alaimo and Kevin McFarlane both laid two of Nikolic's mounts, with both laying the same horse on one occasion, on Betfair.

The RADB listed 10 reasons for reaching its decision, firstly that there was no direct evidence of Nikolic discussing the chances of his mounts, the subject of the charges, with Clements.

Earlier on Tuesday, Nikolic was fined $3000 after pleading guilty to five lesser charges including one of abusing chief steward Terry Bailey at Moonee Valley on February 13.

To view the reasons given by the RAD Board as to how they reached their verdict, click here.

Picture: Sportpix

Jockey Nikolic Fined, Verdict Delayed

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Danny NikolicDanny Nikolic has been fined $3,000 over five charges he pleaded guilty to after a long stewards' investigation.

But the Racing Appeals and Disciplinary Board (RADB) delayed its decision on more serious charges until later on Tuesday.

The RADB fined Nikolic $2,000 on a charge of engaging in improper behaviour before stewards at a Moonee Valley race meeting on February 13.

He was fined $250 on each of charges six to nine for having left the jockeys' room during riding commitments without the permission of stewards and making contact with various associates via his mobile phone at Seymour on October 18 last year, Kyneton on October 20, Geelong on October 21 and Flemington on January 1.

He had already been $5,000 by the board for not giving his mobile phone contacts to stewards, before doing so at a later date.

From 2pm (AEST) on Tuesday, the board will announce its decision on charges one to four.

Nikolic has pleaded not guilty to two charges of improper practices in connection with racing and a further two charges of conduct prejudicial to the interests of racing.

The particulars of the charges were that Nikolic had formed associations with persons and, through communications with them, lay bets well outside the associates' normal betting patterns were placed on Betfair against a number of Nikolic's rides between October 1 last year and February 13 this year.

Board Chairman Judge Russell Lewis delayed releasing the board's decision until Tuesday afternoon when it came to light that legal counsel for the stewards had not informed Nikolic's legal representatives that stewards had charged Queensland punters Alessandro Alaimo and Kevin McFarland on June 12 with failing to appear at the stewards' inquiry.

Nikolic's legal representatives were informed of charges against Alaimo and McFarland on June 21 and the charges were made public by Racing Victoria Limited on June 24.

Judge Lewis said that Paul Holdenson, QC, had made "a great deal" that Nikolic's lawyers hadn't called Alaimo and McFarland to give evidence at the hearing.

However, it was highly improbable that they were going to turn up.

Alaimo and McFarland laid Nikolic's mount Finishing Card substantially when he ran second as odds-on favourite at Mornington on January 8.

They also laid Baby Boom, then trained by Nikolic's brother John but not ridden by Nikolic, when she ran fourth as odds-on favourite at the Sunshine Coast on January 3.

Alaimo and McFarland and professional punter and commission agent Neville Clements, a friend of Nikolic's, have all been warned off Queensland racetracks following the Baby Boom inquiry in Queensland.

Picture: Sportpix

Wet Track To Suit Shysta

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ShystaShysta blotted her perfect record this preparation when beaten at Moonee Valley last start but a heavy track for Wednesday's Sandown meeting was expected to see the mare return to her best.

Shysta, a four-year-old trained by Greg Eurell, won her first three starts this campaign before finishing sixth of 12 in a 1600m event for mares at Moonee Valley on June 14.

Eurell's assistant trainer John Baker said a return to the Hillside course at Sandown on a heavy track would certainly suit the lightly-raced mare in the Siren Song Handicap (1400m), where she'll be joined by stablemate Go My Girl.

"She's a definite swimmer," Baker said of Shysta.

"She won there (at Sandown Hillside) two starts ago on a heavy track and then put in a bit of an average run at Moonee Valley.

"She pulled up well from that run though and I think she'll be right in the mix tomorrow. She loves it wet."

The Hillside track was rated a heavy (10) on Tuesday afternoon.

Shysta, who was purchased as a low-cost replacement for a syndicate, returned from 46 weeks off with a maiden win at Sale over 1200m at the end of April.

The daughter of Japanese stallion Yasey progressed to win a Kilmore Rating 62 over the same journey before making her city debut on a heavy (8) on the Hillside track on May 26 over 1300m.

She won the Rating 78 race by a small margin, making it three straight wins for the campaign.

"She kept improving with every start," Baker said.

"She was a little bit disappointing last time but she still ran alright. Whether the Valley put her off or not, I'm not sure.

"It was just a bad day at the office but she's done everything right since."

Baker said Go My Girl was disappointing first-up but was better suited stepping to 1400m second-up.

"She's a lot fitter but is not the mudlark that Shysta is," Baker said.

The stable will also be represented by first starter Pinker Pinker in the Bianco Flyer Super Vobis Handicap (1000m).

The two-year-old daughter of Reset finished second in an 800m barrier trial at Cranbourne on May 31.

"She's right up to the mark, she's drawn badly (in barrier 11) but the 1000 metres there shouldn't be too big a worry," Baker said.

"She put in a nice trial in the mud at Cranbourne a little while ago now but has done everything right since. I think she can give a good account of herself."

Picture: Colin Bull

Douglas Demoted, Conlan Claims Top Job

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Rod Douglas, Jim Conlan, Pinecliff Racing

Leviathan owner Jonathan Munz is set to entrust his team of horses with Jim Conlan after demoting Rod Douglas earlier this week.

According to current records on Racing Victoria Limited's (RVL) official website, all horses previously trained by Douglas will now be trained by Conlan.

That number of horses is over fifty and will complement Conlan’s previous squad of around a dozen for Munz.

In a major shake up to the Pinecliff racing operation, the Virtual Formguide understands Douglas will be retained by Munz as Racing Manager.

Furthermore, Conlan is expected to return to training at Caulfield with Munz’s Pinecliff property at Mount Eliza to be used primarily as a pre-training facility.

Conlan trained at Caulfield until the end of 2000 to relocate to the Mornington Peninsula. It was a move that allowed Melbourne’s current leading trainer Peter Moody his first boxes at the track.

Munz is not immune to changing his allegiance with trainers.

For nearly ten years, Munz placed a large contingent of horses with Tony Noonan who had stables at Caulfield and Mornington. Some horses were in the care of Conlan.

The Noonan association proved fruitful with horses such as Show No Emotion, Abdullah and Gunnamatta claiming feature wins. The latter claimed his third consecutive Mornington Cup in the autumn of 2004.

Months later Noonan was forced to close his Caulfield stables and shed staff with Munz deciding that Douglas, then stable foreman for Noonan, would train for him at Pinecliff.

Since than, Douglas and Conlan have separately shared the training duties of Munz horses with Conlan serving multiple suspensions in that time for horses returning an elevated TCO2 (bicarbonate) reading.

His most recent suspension was incurred in October 2006, when suspended for 21 months. That paved the way for Douglas to take control of Munz’s team with a select bunch of horses trained by the likes of David Hayes and Lee Freedman.

Rod DouglasBut Douglas has struggled to achieve significant success. In just under six years he has failed to train a Group 1 winner for Munz.

Their best successes have been with Sender (2006 Sandown Guineas), Zacroona (2007 Carbine Club Stakes on Derby Day), Meurice (2006 Debutants Stakes and Maribyrnong Plate) and Sharkbite (2007 Lord Stakes).

The final straw appears to be the disastrous season Douglas has endured in 2009/10. With only a month remaining this season, Douglas has trained just two Melbourne metropolitan winners and 28 winners across Victoria.

In contrast, Conlan has trained two Group 1 winners for Munz; Danestorm in the 2004 Brisbane Cup and Above Deck in the 2006 Doomben Cup.

Since returning from that 21 month ban, Conlan trained Zapurple to victory in the Group 3 SA Fillies’ Classic (2500m) in April 2009.

Pictures: Colin Bull & Quentin Lang

Jockey Nikolic Gets Off Serious Charges

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Danny NikolicJockey Danny Nikolic has been cleared to continue his career after beating four serious charges stemming from a long-running stewards' inquiry.

Nikolic had pleaded not guilty to two improper conduct charges and two charges of conduct prejudicial to the interests of racing.

The Racing Appeals and Disciplinary Board on Tuesday found there were not the required levels of proof to sustain the charges brought by Racing Victoria stewards.

The inquiry focused on 10 of Nikolic's rides between October 2009 and February 2010.

Earlier on Tuesday Nikolic was fined $3000 over five lesser charges to which he pleaded guilty.

Picture: Sportpix

New Irrigation System For Geelong

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Geelong Racing Club will receive a new irrigation system worth $450,000 as part of the Victorian Government’s commitment to regional racing, Victorian Deputy Premier and Minister for Racing Rob Hulls announced on Tuesday.

At the Geelong racecourse, Mr Hulls said the upgrade of the turf track irrigation system, which will replace the existing towline irrigation system with an automated sprinkler, would provide significant water savings.

“The system has been designed to produce consistent watering across the width of the course proper and has the capacity to apply appropriate levels of water during the evening when evaporation levels are low,” he said.

“This will also complement the recently opened $380,000 stormwater harvesting project, which taps into an unused water source and will supply more than enough water for irrigation purposes.

“Not only do these two projects ease demand on the community’s water supply, but they also provide the largest regional centre in Victoria with an effectively droughtproofed racecourse.”

Mr Hulls said the Geelong Racing Club was an integral part of the local community and continued to go from strength to strength, producing around 1600 starters each year.

“Racing has always played an important role within Geelong’s social and economic fabric and the Geelong Racing Club is one of the busiest tracks on the provincial racing circuit,” Mr Hulls said.

“Through the use of the turf track and the new synthetic track, Geelong is scheduled to conduct 37 meetings in the 2010-11 racing season and this will increase to 42 meetings in the following year.”

The irrigation system upgrade is funded through the $86 million Regional Racing Infrastructure Fund (RRIF), which is the largest ever industry and Government funding contribution to racing.

Mr Hulls said the total cost of the irrigation upgrade was $450,000 with the Victorian Government contributing $405,000 and Racing Victoria Ltd (RVL) and Country Racing Victoria (CRV) jointly contributing the remaining $45,000. The project is expected to be completed by October this year.

RVL Chief Strategy Officer Paul Bittar said the upgrade of the irrigation system would ensure watering of the Geelong turf track became more even and reliable.

“This is critical for producing an optimum racing surface with sufficient cushion, while limiting the potential for bias,” Mr Bittar said.

“Coupled with the recently completed stormwater harvesting project, this upgrade will ensure that Geelong is an industry leader in the efficient and effective use of its water resources.”

Reasons For Decision On Nikolic Case

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Danny Nikolic, you have pleaded not guilty to:

2 charges (charges 1 and 3) laid under AR 175(a)

2 charges (charges 2 and 4) laid under AR 175A

The onus of proving charges 1-4 inclusive rests on the Stewards represented by Mr Paul Holdenson QC with Mr Matthew Stirling. Danny Nikolic is represented by Mr Richard Smith SC.

Charges 1-4 inclusive are serious. Accordingly, the standard of proof is that referred to in the well known High Court case of Briginshaw v Briginshaw (1938) 60 CLR 336.

The standard is on the balance of probabilities. However, the Board must have a reasonable degree of satisfaction – i.e. be comfortably satisfied – that the charge has been proved.

It is not a matter of mechanical comparison between competing views.

Matters which the Board must take into consideration include the seriousness of the allegations and the gravity of the consequences flowing from a particular finding.

The matters alleged by the Stewards are common to charges 1-4 inclusive save that in relation to charges 1 and 2 it is alleged that as a consequence of the communications it was Clements who placed lay bets on the Betfair betting exchange and in relation to charges 3 and 4 it is alleged that as a consequence of the communications it was McFarland and Alaimo who placed lay bets on the Betfair betting exchange.

The Stewards Case is Circumstantial

The Stewards allege that in the course of his communication with those identified as his associates or some of them, whom he knew or ought to have known made lay bets on the Betfair exchange, Nikolic informed them either directly or indirectly of what he thought of the chances of his mounts.

They further allege that the lay bets made by the associates, having regard to their unusual size and the temporal connection between the lay bets and the communications inevitably leads to the conclusion by way of inference that Nikolic did pass on information of such a kind that the associates confidently laid his mounts.

In the circumstances as described the Stewards allege that Nikolic’s conduct was improper under AR 175(a) alternatively was conduct prejudicial to the image or interests or welfare of racing under AR 175A.

The Defence Case

Nikolic denies the Stewards’ allegations and in particular denies that during the communications he discussed the chances of his mounts identified by the Stewards and further denies any knowledge, actual or imputed, of the associates having Betfair accounts or that they were likely to lay bets on his mounts.

Amongst other things, Counsel for Nikolic points out that the evidence discloses that for a long time prior to October 2009, Nikolic frequently, sometimes several times daily, communicated with his brother John and with his close friend John O’Neil who did not have a Betfair account. In addition Nikolic often communicated with Clements.

Nikolic had known Clements for many years and after Nikolic returned to Victoria in 2009, he utilised the services of Clements and others as form analysts.

Further there was no evidence of any communication from which it could be said that Nikolic indicated or suggested that he would ride his mount to lose.

There was no evidence that Nikolic rode his mounts other than in compliance with the Rules.

Since this is a circumstantial case, the Board, before it may convict, must be comfortably satisfied that the inference relied upon by the Stewards should be drawn.

This exercise requires an examination of the relevant facts and circumstances in deciding whether the requisite standard of proof has been met.

The facts and circumstances are as follows:

Nikolic is a licensed jockey. In January 2010 Stewards began an investigation into the rides of Nikolic on Finishing Card at Mornington on 8 January 2010 and betting surrounding the race on Betfair.

The investigation was later expanded to include Nikolic’s mounts between 10 October 2009 and 13 February 2010 and the betting activities on his mount by Neville Clements, Alessandro Alaimo and Kevin McFarland on Betfair.

Clements, a professional punter and former bookmaker is a friend of Nikolic and the Nikolic family. John O’Neill, a racehorse owner and punter is a close friend of Clements and Nikolic.

John Nikolic Senior (Nikolic’s rider agent) and John Nikolic Junior, until March 2010 a licensed trainer in Queensland and Nikolic have close family ties. Nikolic is in constant telephone contact with his brother John Nikolic Junior.

Alaimo, a resident of Queensland is a long standing friend of John Nikolic Senior and John Nikolic Junior and an acquaintance of Nikolic. McFarland, also a resident of Queensland is not known to Nikolic but is an associate of Alaimo.

Since returning from riding in Mauritius in mid 2009 and through to February 2010, Nikolic has been in regular contact with Clements using Clements and from time to time other persons as a form analyst.

It is common practice of senior riders to use the services of form analysts. Apparently some jockeys pay for the service. Nikolic did not.

Stewards initially investigated twenty one of Nikolic’s rides and in eleven of those rides identified questionable components.

The eleven rides were:

  • Hot Danish – 3 October 2009 @ Flemington
  • Farasi – 15 October 2009 @ Cranbourne
  • Midnight Wine – 13 November 2009 @ Moonee Valley
  • Rachine – 13 November 2009 @ Moonee Valley
  • Moorunda Lass – 20 November 2009 @ Moonee Valley
  • Buddy Amazing – 18 December 2009 @ Moonee Valley
  • Imprudence – 22 December 2009 @ Seymour
  • Finishing Card – 8 January 2010 @ Mornington
  • Ruby Slippers – 13 January 2010 @ Sandown
  • Summarise – 24 January 2010 @ Ballarat
  • Retrieve – 11 February 2010 @ Ballarat

Betfair betting records revealed lay bets on these horses as follows:

Clements
Horse Risk Profit
Hot Danish $10,876 $ 6,373
Farasi $ 1,323 $ 700
Midnight Wine $20,152 $ 7,822
Rachine $ 6,316 -$ 6,316 *ran 2nd
Moorunda Lass $ 1,383 $ 276
Buddy Amazing $17,691 $ 1,592

$ 9,721 $ 3,660
Ruby Slippers $26,965 $ 7,304
Retrieve $ 4,058 $ 391
Alaimo
Imprudence $ 2,838 $ 169
Summarise $ 6,112 $ 583
McFarland
Finishing Card $15,717 $11,969
Summarise $ 3,537 $ 324

Betfair records also revealed that during the period 10 October 2009 to 13 February 2010 Clements lost on three other lay bets on Nikolic mounts in addition to Rachine referred to above.

These were Midnight Wine ($870), No Jurisdiction ($2,312) and Tennessee Charm ($460).

In his evidence to the Stewards Nikolic stated he did not discuss with Clements the chances of his mounts. In evidence to the Board, he acknowledged discussing the chances of two of his mounts, not the subject of the Stewards investigations, which the Board notes Clements referred to, when interviewed by Stewards.

In further evidence to the Board Nikolic said that in discussions with Clements they would usually talk about the form, race tempo, barriers, racing patterns of other horses and the main dangers, in essence Clements’ analysis of the race.

He denied saying anything to Clements about the chances of the eleven horses referred to above.

The Stewards have not charged Nikolic with any breach of riding Rules arising out of his mounts and do not intend doing so.

RVL Stewards, in conjunction with Queensland Stewards also investigated the betting on Baby Boom at the Sunshine Coast on 3 January 2010. That day the mare Baby Boom an odds on favourite (SP $1.30) was unplaced.

John Nikolic Junior owned and trained her which he had bought on the recommendation of Nikolic who had ridden Baby Boom in Sydney. John Keating was the rider in the race on 3 January 2010. Betfair records show Clements laid Baby Boom at $1.80 to $1.89 risking $56,400 and winning $45,424 on his outlay.

Nikolic and his brother John spoke to each other on race morning and post race. Both denied to Stewards speaking to Clements beforehand or being aware of anyone who discussed the chances of Baby Boom with him.

In evidence before the Board Nikolic denied any role in the Baby Boom episode. Clements subsequently told him that he (Clements) had laid Baby Boom.

This, Nikolic said, was after John had informed him Stewards were making inquiries into the race. Clements told Stewards his lay on Baby Boom was made on a whim without any form study or other information on the runners.

The Board has reservations as to Nikolic’s evidence relating to Baby Boom.

I now turn to the Board’s findings

In the Board’s opinion in order for a charge to be proved, the Board must be satisfied to the requisite standard that Nikolic from his communications informed the other party of the chances of his mounts.

There is clear evidence that Nikolic discussed riding tactics and possible scenarios with some of the associates.

If as a result of the exchange of ideas and observations, the other party to the conversation formed a view of what he thought was in Nikolic’s mind as to the chances of his mount, and acted upon that view by making lay bets or causing lay bets to be made, the Board would not be satisfied that Nikolic had committed a breach of the Rules.

Further, the Board is not satisfied to the requisite level that it should draw the inference sought by the Stewards, that is that Nikolic informed Clements and/or some of the associates of the chances of his mounts.

The Board has reached this conclusion for the following reasons:

1. There is no direct evidence of Nikolic discussing the chances of his mounts the subject of these charges, with Clements.

2. In spite of being subjected to lengthy and intense cross examination, Nikolic denied that he had discussed the chances of the mounts in question. Although his credibility became an issue following his evidence relating to the Baby Boom race, the Board does not reject Nikolic’s evidence in relation to discussing the chances of his mounts.

Much has been made by Mr Holdensen of the failure by Nikolic to call witnesses namely, Clements, John Nikolic Junior, Alaimo and O’Neil.

The Board is not prepared to draw the inference sought by Mr Holdensen since it is of the view that it would be unrealistic to expect that Clements, John Nikolic Junior and Alaimo would attend this hearing.

In relation to Alaimo the Board’s view is reinforced by evidence this morning that Alaimo has been charged with failing to attend a Steward’s inquiry in relation to these matters.

As for O’Neil his statement has been tendered in evidence.

In the case of Clements, his absence from the hearing is understandable given his present challenge as to whether the Rules of Racing apply to him.

His statements to Stewards are in evidence. He described the level of his bets on Nikolic’s horses as pure coincidence and the Board is entitled to assume that remains his evidence. As for John Nikolic Junior he has handed in his trainer’s licence.

3. In relation to the horses in question there is an absence of any complaint by trainers or Stewards on the day save for questioning by the Stewards relating to Finishing Card which was a $1.60 favourite, which is not unusual when an odds on favourite is beaten. Later two trainers commented that Nikolic had ridden their horses poorly.

4. Four horses laid by Clements and ridden by Nikolic won or placed.

5. The Board recognises the reality that jockeys discuss all aspects of a race with form analysts.

6. Clements did not lay Finishing Card on 8 January 2010.

7. Clements’ betting activities are not inconsistent with him forming a view as to the chances of a Nikolic mount following a form analysis discussion with Nikolic.

8. Clements did not confine his bets to laying horses, often betting to win or place, nor were his lay bets confined to Nikolic; nor was Nikolic his biggest lay.

For example (see Book 2, Tab 19) the entries reveal that lay bets in relation to Craig Newitt exceeded those in relation to Nikolic.

9. Reliance has been placed by the Stewards on the evidence of ‘biased betting’ by Mr Clark of Betfair and Tab 19A is offered as support for that proposition.

Although Mr Smith did not wrestle with this proposition, the Board has considered it and makes the observation that Nikolic only returned to Melbourne in July 2009, took some time to re-establish himself and only from October 2009 began to ride regularly with Clements and Mark Hunter as his form analysts.

10. The evidence of higher than normal betting activity seen in isolation is not in itself a sufficient basis for drawing the inference that Nikolic discussed the chances of his mounts.

The evidence relied upon by the Stewards as a basis for drawing an inference that Nikolic communicated the chances of his mounts raises suspicions about what transpired but harbouring suspicions about his conduct is not sufficient to prove the charges.

Since the Board is not satisfied that Nikolic communicated with the associates or some of them about the chances of his mounts resulting in the associates making lay bets outside their normal betting parameters, charges 1-4 inclusive have not been proved and therefore must be dismissed.

Finally, the Board makes no criticism of the Stewards for bringing these charges nor of the time taken to have them heard since once Betfair had informed them of apparent betting irregularities, they had a duty to investigate fully the circumstances surrounding such apparent irregularities.

Wadham Park Fields Five At Betfair Park

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La Rocket Wins His Group TwoWadham Park will again field a strong team of horses at this Wednesday's Betfair Park meeting with five runners accepting.

Following a handful of poor seasons for Wadham Park, which included winning percentages as low as six, the premier training establishment, led by trainer Dale Sutton, is turning things around.

This season Wadham Park has improved their winning strike rate to almost 14 percent and more noticeably their starters to almost double any previous season.

It is rare to see both statistics on the rise in the one season but Wednesday's line up of runners is a clear indication of why Wadham Park is finally having an impact on Victorian racing.

"Our team at Betfair Park probably aren't that exciting this week, but they are all capable of notching up more wins this time in," said Sutton.

"Selma Spur especially looks to be an exciting filly, I really like what I have seen from her."

Sutton is worried about the condition of the track and given most of his runners are either first up or better suited on top of the ground, it is clear why he would like to see the meeting transferred.

"I'm hoping they transfer it to the synthetic track, but that's probably just wishful thinking," joked Sutton.

"Over Exposed doesn't like the wet and both her and Dom Perion will need the race fitness too.

"Not to mention I love the synthetic surface," he added.

Sutton rates Selma Spur the stables best chance but is expecting her to improve as she stretches out over more ground.

"She is an unknown quantity in the wet and I think she will enjoy getting over more ground," he said.

"I still expect her to be hard to beat first up.

"Give Dom Perion a few runs and then he will show his best, he is just too good a doer and needs a lot of racing to get to his peak fitness," he added.

A stickler for researching the latest trends and training methods around the world Sutton's hard work appears to be paying dividends, but it was a more traditional solution that brought about La Rocket's improved campaign earlier in the year.

"We gelded him, it was pretty much that simple," said Sutton, who now has the five-year-old gelding back in work for a spring assault.

"He is back in work and I think people will see the real La Rocket this time in.

"Last campaign he won a Group Two race over 1800m after just three runs despite having only sprinted his whole life, so I think given a staying prep from the outset he will reach his potential," Sutton added.

Photo by Fiona Tomlin.

RAD Board Dismisses Nikolic Charges

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Danny Nikolic

Embattled jockey Danny Nikolic can afford to breathe a sigh of relief after the Racing Appeals and Disciplinary (RAD) Board cleared him of all four charges he contested.

Nikolic pleaded not guilty to two charges for improper practices in connection with racing and another two charges for conduct prejudicial to the interest of racing.

Chaired by Judge Russell Lewis, The RAD Board did “not find the charges proved” and therefore dismissed the charges.

Last week, Nikolic pleaded guilty to five charges of engaging in improper behaviour towards stewards at Moonee Valley on February 13 and for leaving the jockeys’ room between riding commitments without permission of stewards, making contact with various associates via his mobile phone.

This morning the RAD Board fined Nikolic $2,000 on the charge of improper behaviour towards stewards while Nikolic was fined $250 for each occasion he made contact with various associates mid-meeting at Seymour on October 18, Kyneton on October 20, Geelong on October 21 and Flemington on January 1.

Aside from these fines, Nikolic was fined $5,000 by the RAD Board earlier this year for not handing his mobile phone to stewards when requested to do so.

To view the reasons given by the RAD Board as to how they reached their verdict, click here.

Picture: Sportpix

Payne's Winter Stocks Boosted

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Patrick Payne's winter stocks have been boosted recently by the arrival of a team of five well-performed stayers from across the Tasman.

And the recruits are poised to begin returning dividends for their New Zealand-based connections at Moonee Valley on Wednesday.

Useful staying mare Soph and improving four-year-old Saint Romain were sent over on the recommendation of Kiwi trainer Kevin Myers, a long-time family friend and mentor to Payne.

Myers believed that the duo, along with stablemates Titch, Sparking and Pennon, would be perfectly placed to take advantage of healthy prizemoney levels in Victoria over winter.

"The prizemoney isn't good enough in New Zealand so he (Myers) was keen to get a few of them over to me for the winter. They all like wet tracks and they all can stay," Payne said.

Soph notched her second stakes placing when she was runner-up in the Group Three Canterbury Gold Cup (2000m) at Riccarton in early May.

She finished midfield at her Australian debut at Flemington on June 5 but will strip fitter for Wednesday's Essendon Jeep Cherokee Hcp (2040m).

"She's a beautiful mare. Her Group Three run was on the South Island so it's a little weaker than up north but she stays well and will run well," Payne said.

Saint Romain needed the run when he resumed at Warrnambool but considerable improvement is expected when the son of Stark South tackles the Essendon Jeep Grand Cherokee Hcp (2040m).

While Soph and Saint Romain do battle at Moonee Valley, two of Payne's other new additions will begin a jumps campaign with hurdle trials at Sandown.

Myers had identified both Titch and Sparking as potential jumps prospects in New Zealand and Payne is keen to get both qualified over hurdles as soon as possible.

Titch showed his stamina with a win over 2500m at Riccarton in May and has impressed Payne since arriving in Australia with three placings in metropolitan grade including a brave second to in-form stayer Black And Bent.

Sparking is looking to get his hurdle ticket having already completed a trial at Pakenham late last month.

Payne, who had a brief but successful stint as a jumps jockey after retiring from flat racing, will take three other horses to the trials - Sheer Platinum, unraced gelding Karnazes and Redoute's Choice four-year-old Gravitas.