The Ninja versus Torque To Be Sure protest is one of the major talking points in racing right now, splitting the opinions of many pundits.

In the Magic Millions 3YO Guineas, Ninja copped “one hell of a hip and shoulder (by Torque To Be Sure) in the last 200m”, as described by SENTrack & RSN’s Giddy Up host Gareth Hall.

The Matthew Dunn-trained bay, ridden by Ben Melham, ended up beating Ninja by 0.76 lengths after the bump, resulting in a protest which was dismissed by the stewards.

Speaking on the result of the protest, expert racing analyst David Gately admitted that he would have upheld the protest if he were a steward, which would have handed the Michael Freedman-trained Ninja the win.

“I would've upheld it,” Gately stated.

“The more I watch it, the more I think Ninja was running straight past the other horse when the interference happened, but it wasn't absolutely conclusive.

“I think it should be almost, without any reasonable doubt, the runner-up should have won - that's the way I view it.”

Hall also agreed with Gately’s take on the protest, however, understood why the stewards weren’t satisfied to overturn the result.

“I agree with you,” Hall said.

“It's a difficult one because if you're the steward, you probably want to uphold this protest, because you don't want to see interference like that in the last 200m of a race.

“You don't wanna see interference at all like that - that was a heavy bump that Torque To Be Sure did on Ninja.

“But the case is the stewards have to weigh up the decision if that was enough to turn the result, and I don't think they would've been satisfied, and they obviously weren't.”

Hall continued by making a call for change, stating that the stewards need more help when reviewing a protest in rapid time.

“The problem for mine is I think you need to change the rules - the stewards need a little bit of help,” Hall admitted.

“When you see interference like that, the stewards can go, ‘Ok then, we think it might have cost you a length and a half, we can't be guaranteed of that, but that interference wasn't on, so we can uphold the protest.’

“That was a fair old bump and Melham did not stop riding at all, and why would Melham stop riding? He's trying to win a $3 million race.

“But I think that it's not fair on Ninja, he didn’t deserve to get whacked like that to stop his momentum.”

Reasoning with the stewards, Gately explained why there is a perceived inconsistency across protest results, stating that stewards don’t have the benefit of precedent compared to the legal system.

“We employ stewards and umpires, we (the industry) pay them to do a job, and we have to trust that they do it to the best of their ability,” Gately said.

“Now, I don't think anyone agrees universally across the board with any decision, but we have to at the very least acknowledge that they know what they're talking about - the opinions aren't based on anything other than years of experience.

“They don't have the benefit of precedent - in the legal system, judges do have that, (judges) also have a lot more time to consider verdicts - what have they (stewards) got? Three or four minutes.

“I think that's why we lose a bit of consistency. Our current system doesn't allow for (consistency), for those reasons I've outlined.”

Click here to read why there are calls for Ben Melham to be suspended following his bump on Ninja.