KUALA LUMPUR: The lawsuit filed by Christina Carolina Gerarda Johanna Verstappen, the mother of the late Dutch model Ivana Esther Robert Smit, against the police, the Home Ministry, and the government will proceed to trial on October 14.
This decision follows the parties’ failure to reach a settlement at the High Court on Monday (Sept 30). Judicial Commissioner Roz Mawar Rozain announced that the case will be heard online via Zoom at 10am, as the plaintiff will testify from the Netherlands.
Earlier, federal counsel Anis Najwa Nazari, representing the defendants, informed the court that the plaintiff's lawyer had submitted a proposed settlement on August 28, but the defendants did not agree to the terms. "The instruction received is to continue the case with a trial," said Anis Najwa, who was assisted by federal counsel Nuur Zul Izzati Zulkipli.
Lawyer Datuk S.N. Nair, representing Verstappen, stated that he would call seven witnesses, including three from the Netherlands. The court has scheduled the trial for 18 days, spanning from October 14 to 16; 21 to 23; and 28 to 30, with additional dates set for November 4 to 6; 11 to 13; and 18 to 20.
Verstappen filed the suit in 2020, naming the police, the Home Minister, Dang Wangi investigating officer ASP Faizal Abdullah and the government for alleged breaches of statutory duties and negligence in the investigation into her 18-year-old daughter's death.
In her suit, Verstappen claims that her daughter was found dead on the sixth floor of CapSquare Residence on December 7, 2017, after falling from the 20th floor of a condominium unit owned by American couple Alex Johnson and Luna Almazkyzy.
She contends that the police were negligent by failing to cordon off the crime scene, conduct a proper investigation against Johnson and Almazkyzy, and ensure the duo's presence during the inquest as key witnesses.
On March 18, 2019, the Coroner's Court ruled that Ivana’s death was caused by “misadventure.” However, not satisfied with this verdict, Verstappen appealed to the Kuala Lumpur High Court.
On November 22, 2019, High Court Judge Collin Lawrence Sequerah set aside the coroner's verdict and replaced it with a ruling of “Death by a person or persons unknown.” - Bernama
