By CAMERON LUCADOU-WELLS
SUSPENDED jockey Daniel Nikolic has had dangerous driving charges against him dismissed after police failed to prove he was behind the wheel during a series of incidents in Narre Warren North.
Nikolic, 39, who fronted Dandenong Magistrates’ Court on Monday, told the court he laid down on pillows in the back seat of his own four-wheel-drive while his uncle – since deceased – drove him to a night race meet at Cranbourne on 9 March 2012.
Magistrate William White said he “cannot be satisfied beyond reasonable doubt from the evidence presented this morning that the accused was the driver when these incidents occurred,” though noting “one may or may not have suspicions”.
Mr White was not persuaded by police informant Acting Sergeant David Hewatt’s direct identification of the driver as Nikolic – much younger than the late uncle who was in his mid-50s at the time.
Acting Sergeant Hewatt said he pulled up beside the vehicle and saw the driver’s face through the vehicle’s tinted passenger window.
Acting Sergeant Hewatt, who was in his private car at the time, told the court he identified himself as a police officer to the driver.
The driver nodded in acknowledgment and drove away, the informant said.
Acting Sergeant Hewatt saw the vehicle driving in the emergency lane while the Monash Freeway was in gridlock that Friday, dodging around stopped traffic at the Narre Warren North Road exit ramp and running a red light.
It was also alleged the vehicle failed to stop after grazing another vehicle’s side mirror at the exit ramp, and drove straight ahead from right turning lanes at the Narre Warren North Road-Princes Highway intersection.
Nikolic conceded he’d phoned stewards to tell them he was running late for his first ride but was unaware of any swerving or collisions involving the vehicle.
He said a lot of jockeys rested in backseats – not restrained by a seatbelt – on the way to race meets.
Mr White awarded more than $4000 costs against the police.
