KUALA LUMPUR: The High Court has ordered the government and three others to pay RM1.1mil to the family of Dutch model Ivana Smit for failing to conduct a proper investigation into her death eight years ago.
Justice Roz Mawar Rozain stated that the police breached their duty of care in handling the investigation.
"This case represents a profound failure of Malaysia's law enforcement system," she said on Tuesday (July 29).
The judge highlighted premature classification, crime scene management errors, evidence preservation failures, inadequate witness and suspect handling, foreign evidence neglect, and expert evidence dismissal.
"These are simple and clear pieces that corroborate my finding that there were breaches of the duty of care," she stated.
Smit, then 18, was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from the 20th floor of a condominium unit owned by an American couple, Alex Johnson and Luna Almazkyzy.
On Nov 20, 2020, Smit's mother, Christina Carolina Gerarda Johanna Verstappen, filed a civil action against the Inspector-General of Police, Dang Wangi investigating officer ASP Faizal Abdullah, the Home Minister, and the government over alleged mishandling of Smit's death investigation.
Justice Roz Mawar noted evidence that Johnson's DNA was found in Smit's fingernails based on a DNA report dated Feb 8, 2018.
"Despite this crucial evidence, Johnson and Almazkyzy were permitted to leave Malaysia on March 29, 2018, approximately one month after the report was available," she added.
Justice Roz Mawar also found that the plaintiff was a ‘direct victim’ who suffered prolonged emotional and psychological trauma due to the defendants' negligence.
The court held all the defendants liable but with different degrees of responsibility.
The first defendant (the IGP) was vicariously liable for the proven negligence and statutory breaches of the second defendant (Faizal), who acted within the scope of his employment as a police officer.
Faizal was held liable for multiple breaches of duty, while the third defendant (the Home Minister) was held liable for administrative failures.
Meanwhile, the fourth defendant (the government) was liable under Section 5 and 6 of the Government Proceedings Act, as the officers involved were employed and paid by the government.
Justice Roz Mawar awarded the plaintiff RM500,000 in general damages for emotional distress, mental anguish, and loss of closure; RM300,000 in aggravated damages for the defendants' high-handed and oppressive conduct; and RM300,000 in exemplary damages to punish gross misconduct in public office and deter similar breaches in the future.
The court also awarded the plaintiff interest on the judgment sum at 5% per annum from the date of judgment until full and final settlement, as well as RM100,000 in costs to be paid to the plaintiff by the defendants.
