Akane Kuroki Awarded 1.8 Million for Batuta After Five-Year Lawsuit

Dressage

Japan

Japanese dressage rider Akane Kuroki has been awarded up to 1.8 million euro by the High Court of 's Hertogenbosch (NED) after a five-year lawsuit.

The Dutch Financial Times published an article yesterday following the final court verdict on Tuesday 17 October 2023.

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 they 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.

Sold to Kuroki for 1.15 Million

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.

Akane Kuroki and Batuta on 22 April 2018

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.

Five-Year Lawsuit

A five-year lawsuit followed.

The first one Akane lost. Her horse dealer Joep Schellekens-Bartels recommended lawyer Reddingius to sue 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 appealed the decision after taking a new lawyer, Stephan Wensing. The Appeal Court in 's Hertogenbosch (NED) consulted an independent expert, Dr. Pieter Brama, Professor of veterinary surgery at University College Dublin, who clearly stated there were defects in the horse's hooves. 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 and annulled the sale. 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).

What are the Damages, Value and Costs?

The legal battle continued to determine what money Akane is entitled to as the colic and euthanasia further complicated the matter

As Batuta was euthanized Kuroki could return a horse to seller Agropecuaria Fornalis S.L. 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 should to be paid by Agropecuaria Fornalis S.L.. Had Batuta survived the colic attack and with her hoof issues, what would the value have been as an international Grand Prix horse.

The Appeals Court of Den Bosch decided on those details on 17 October 2023. Kuroki won again.

Agropecuaria Fornalis needs to pay back the full purchase price of €1,15 million euro, as well as the legal interest rate (starting on 17 July 2018) and further costs. This brings the total to almost 1.8 million euro.

To Be Continued

Whether Akane will actually see any money time will tell.

The Dutch verdict is applicable in Spain but it is yet to be seen if Agropecuaria Fornalis has any money left or assets that can be seized.

Furthermore, Kuroki is also suing Joep Schellekens-Bartels and veterinarian Jacques Maree for misrepresenting her. Kuroki's current lawyer Stephan Wensing stated, "according to my client, Joep Schellekens-Bartels recommended Reddingius as lawyer and he ended up protecting Bartels instead of helping her. In her opinion Maree made a wilful, wrong assessment of Batuta's X-rays."