PUTRAJAYA: The Court of Appeal has allowed the government's appeal to set aside the High Court's decision that awarded RM1.1mil in damages to the family of Dutch model Ivana Smit RM1.1mil over alleged negligence in the investigation into her death.
A three-judge panel, chaired by Justice Mohamed Zaini Mazlan, delivered the decision here on Wednesday (Oct 14).
Other judges on the panel were Justices Ong Chee Kwan and K. Muniandy.
"The judgment and orders of the High Court dated July 29, 2025, including all awards of damages, interest and mandatory orders, are hereby set aside," said Justice Muniandy, who delivered the decision.
On Nov 20, 2020, the model's mother, Christina Carolina Gerarda Johanna Verstappen, filed the lawsuit against the Inspector-General of Police (IGP), Dang Wangi, investigating officer Asst Supt Faizal Abdullah, the Home Minister and the Malaysian government as defendants, alleging a breach of statutory duty and negligence in the investigation into the cause of her daughter's death.
Verstappen claimed her daughter 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 US citizens Alex Johnson and Luna Almazkyzy.
She claimed the police were negligent in failing to cordon off the crime scene, seize the victim's personal belongings, collect evidence, conduct a proper investigation into Johnson and Almazkyzy, and in failing to arrest, extradite and ensure their presence at the inquest as key witnesses.
On July 29, 2025, High Court judge Justice Roz Mawar Rozain allowed Verstappen's lawsuit and ordered the government to pay RM500,000 in general damages, RM300,000 in aggravated damages and RM300,000 in exemplary damages, in addition to RM100,000 in costs to the plaintiff.
MORE TO COME
