Akane Kuroki Wins Appeal - Sale Batuta Annulled

Dressage

Japan

After four years of legal proceedings, Japanese team rider Akane Kuroki has won her appeal case in the sale of the deceased Grand Prix mare Batuta. The court in 's Hertogenbosch ruled in favour of Kuroki. The previous owner will have to pay back the purchase price and more.

Batuta

Batuta was a Lusitano mare by Quixote x Icaro, bred by Sociedade Quinta das Terras.

She was initially owned by Coudelaria Herdade das Figueiras when she was competed by Spaniard Jose Antonia Garcia Mena.

In 2014 the mare sold to the Portuguese's company International Sport Horse Investment (ISHI), headed by Mario Franco. The ride was allocated to Gonçalo Carvalho, who competed her at the 2015 European Championships. In March 2015 the mare had tested positive to controlled medication Meloxicam, a non-steroidal anti-inflammatory drug (NSAID). Carvalho, at the time, stated that the mare had injured herself on transport and had a swollen hock. In October 2016 to win a second, consecutive Portuguese Grand Prix Champion's title.

In 2017 Batuta moved to Spain where Sergio Martin Palos took over the ride. He showed her at three CDI's with the last one being the 2018 CDI Lier.

Kuroki's Olympic Hopeful

Akane Kuroki and Batuta on 22 April 2018

Kuroki test rode Batuta in Portugal on 22 March 2018. On 3 April 2018 she was vet checked by Dutch veterinarian Jacques Maree, who gave a positive verdict about the new X-rays and her health, yet refrained from looking at the existing MRI images that were made of Batuta before.

Kuroki signed a sales contract on 12 April 2018 and on 20 April 2018 she paid 1,150,000 euro to Spanish company, Agropecuaria Fornalis S.L., led by Tiago Miguel de Sousa Vieira, as a representative for Portuguese Marco Franco and Pedro Anselmo.

Batuta arrived at Bartels Academy on 22 April, but the next day she was lame and this was immediately reported to the seller. She was taken to the Belgian equine clinic De Bosdreef on 25 April for a new MRI where she was diagnosed with "Osteoarthritis DIP joint RF with general cartilage thinning (…) Remark: The described findings in de DIP joint date with certainty over 3 weeks. To develop general thinning of the cartilage multiple months are needed, sometimes a year or more."

On 26 May 2018 Batuta developed a colic, was operated on, but had to be euthanized as the damage to her intestines was too severe.

Lost First Lawsuit

Trainer and horse dealer Joep Schellekens-Bartels recommended lawyer Reddingius to Kuroki and she sued the Spanish company, Agropecuaria Fornalis S.L.

The court in Eindhoven ruled on 3 March 2020 that there was insufficient evidence that Batuta suffered from lameness due to a chronic issue to her right front hoof.

Akane lost the case.

Appeal

Kuroki took a new lawyer, Stephan Wensing, and appealed the decision.

The Appeal Court in 's Hertogenbosch (NED) consulted an independent expert, Dr. Pieter Brama, Professor of veterinary surgery at University College Dublin, who charged a fee of € 20,233.50 euro for his expert opinion.

"The professor found the horse to have feet that were out of alignment, effusion from the coffin joint, irritation from the coffin joint capsule and a hook deformation from the coffin joint seen as a sign from degenerative joint disease. The horse had been treated multiple times in the past and according to the professor these defects would highly likely cause lameness in the future," as Wensing stated.

The Appeals court concluded that because of these defects the horse could not be used as a Grand Prix horse and Akane was given the wrong presentation of the facts when she closed the deal. On 25 April 2023 the court ruled in her favour.

Seller Agropecuaria Fornalis S.L., represented by lawyer Luc Schelstraete, has to reimburse the 1.15 million purchase price including damages (care-taking, stabling, vet bills).

Colic

Because Batuta was euthanized due to a colic attack, Kuroki cannot return the horse. Because the court annulled the sales contract, Kuroki was in principle no longer the owner of the horse when it had colic, so the vet bills are to be paid by Agropecuaria Fornalis S.L..

At the time when Batuta was euthanized she did not contact the owner, so there is further legal proceeding to determine if the seller experienced any damages there.

"Akane can claim less money only if it's proven that Batuta would have been a Grand Prix horse had she not been euthanized," Wensing explained. "Akane considers this chance zero. She acted according to the advice of the veterinarian and Batuta could not be saved."

Wensing added that, "Akane is very happy that finally it has been proven she bought a pig in a poke and that the parties involved made big mistakes. The horse should never have passed the vet check. Akane not only lost a fortune, which has been rectified by this ruling, but she also saw her dream of going to the Olympics with Batuta go up in smoke."

Official Court Decision here.