Govt Files Appeal Against Negligence Ruling In Ivana Smit S Case

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The Dutch model’s family lawyer, SN Nair, says a notice of appeal against the High Court ruling was filed by the Attorney-General’s Chambers yesterday.
Ivana Smit was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017. (Instagram pic)PETALING JAYA: The government has filed a notice of appeal against the Kuala Lumpur High Court’s finding that the government and police were negligent in failing to conduct a proper investigation into Dutch model Ivana Smit’s death
Her family’s lawyer, SN Nair, said the notice was filed yesterday by the Attorney-General’s Chambers (AGC) on behalf of the defendants – the inspector-general of police, investigating officer (IO) Faizal Abdullah, the home minister, and the government.
“Our firm continues to act for (Smit’s mother) Christina Caroline Gerarda Johanna Verstappen in defending the High Court’s decision, and we remain committed to ensuring that justice is pursued transparently and vigorously,” Nair said in a statement.
On July 29, the High Court ordered the government to pay Smit’s family RM500,000 as general damages and a total of RM600,000 as aggravated and exemplary damages, together with costs of RM100,000.
Justice Roz Mawar Rozain said Faizal had “arbitrarily classified Smit’s death as suicide” despite the presence of circumstantial evidence suggesting the possibility of homicide.
She also said that no immediate action was taken to arrest suspect Alex Johnson and his wife, Luna Almaz, after a forensic report stated that the man’s DNA was found under Smit’s nails.
According to Roz Mawar, Faizal had attributed the presence of Johnson’s DNA to sexual activity with the deceased.
The court also noted that another High Court had directed the AGC to instruct the police to investigate the cause of Smit’s death in 2019.
And despite a judicial directive, the defendants failed to meaningfully comply with this order, Roz Mawar said.
She also noted that a task force, which included the investigating officer, had been set up to probe the deceased’s death. “However, the investigation has remained stagnant since 2019.”
Verstappen filed the lawsuit on the family’s behalf in 2020.
Smit, who was 18, was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from a unit on the 20th floor.
An inquest held in 2018 determined that her death was a “misadventure”.
Upon revision, the court ruled that Smit’s death was caused by “persons known or unknown”. - FMT

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