KUALA LUMPUR: The police are still investigating the death of Dutch model Ivana Esther Robert Smit, whose nude body was found on the balcony of the sixth floor of a condominium five years ago, the High Court was told on Thursday (Oct 13).
Senior Federal counsel Norfauzani Mohd Nordin, in objecting to an application by the late model’s mother, Christina Carolina Gerarda Johanna Verstappen, to amend her statement of claim, said there were still some matters that needed to be done by the police to complete the investigation and that the application was premature.
The hearing was held before Judicial Commissioner Roz Mawar Rozan.
Verstappen had filed a suit against the Inspector-General of Police, Dang Wangi Investigating officer ASP Faizal Abdullah, the Home Minister and the Malaysian government.
Asked by Roz Mawar whether the second defendant (investigating officer) was still on duty, Norfauzani said he was still on the case.
Meanwhile, lawyer Datuk SN Nair, representing Verstappen, said neither he nor his client was informed on the progress of the investigation into the model’s death.
"No evidence or official confirmation of ongoing investigation was conveyed to the solicitors or family. Quite unfortunate because we should have been informed," he added.
On his client's application to amend the statement of claim, Nair said it was necessary to enable the plaintiff to present the case in a more clear and accurate manner.
The application only involved amendments to the facts of the case that were not disputed by the parties, he added.
Roz Mawar then set Nov 4 to decide on the application and also to hear the applications by all the defendants to strike out the suit.
Verstappen, 57, had filed the suit on Nov 20, 2020, against the police, the Home Affairs Minister and the government for alleged breach of statutory duties and negligence in the investigation to determine the cause of her daughter's death.
She claimed that her 18-year-old daughter was found dead on the sixth floor of CapSquare Residence in Kuala Lumpur on Dec 7, 2017, after falling from the 20th floor of a condominium unit owned by American couple Alex Johnson and Luna Almazkyzy.
She contended that the police had committed negligence when they failed to cordon off the crime scene or conduct a proper investigation against Johnson and Almazkyzy and failed to detain, extradite and secure the duo’s attendance during the inquest as the key witnesses.
Not satisfied with the coroner's verdict, Verstappen appealed to the Kuala Lumpur High Court and on Nov 22, 2019, High Court Judge Collin Lawrence Sequerah set aside the coroner's verdict and replaced it with a verdict of "death by person or persons unknown" and ordered the Attorney General to direct the Royal Malaysia Police to begin further investigations.
On April 21 last year, the High Court struck out her suit on the grounds that the statement of claim did not comply with Order 18, Rule 7 of Rules of Court 2012.
She appealed against the decision to the Court of Appeal which ruled in her favour. – Bernama
