KUALA LUMPUR: The family of Dutch model Ivana Smit will not be appealing a Court of Appeal decision in its lawsuit over alleged negligence by authorities relating to the investigation into her death.
The family's lawyer, Datuk Sankara Nair, confirmed that the family decided not to seek leave to appeal against the Court of Appeal's decision on Oct 14, that overturned the High Court's RM1.1mil in damages awarded to them.
"Accordingly, these civil proceedings have come to an end. Their decision deserves respect and should not be understood as satisfaction with the investigation or acceptance that their concerns have been answered," Sankara said in a statement on Friday (Nov 13).
Despite the Court of Appeal's decision not favouring the family, Sankara commended the appellate court's "firm, emphatic and stern" oral remarks when delivering its decision.
He said the Court of Appeal had cautioned that the outcome did not exonerate past shortcomings and emphasising the police's continuing responsibility to pursue viable leads diligently and keep the family regularly informed.
"These observations were made orally. They were not part of a formal order directing updates to the family.
"The conclusion of this civil action leaves the authorities' investigative responsibilities intact. We call upon them to heed the court's oral observations through sustained investigative effort and clear, regular communication with Ivana's family.
"The family has chosen to bring its civil litigation to a close. The authorities must continue their work towards establishing the truth surrounding her death," Sankara said.
On Oct 14, a three-judge panel of the Court of Appeal allowed the government's appeal to set aside the High Court's decision that awarded RM1.1mil in damages to the family.
In the decision, the panel said the learned trial judge "fell into a fundamental legal error" by creating a private common law duty of care owed by police officers to individual complainants or next-of-kin regarding the manner in which a criminal investigation was managed.
The Court of Appeal set aside the judgment – including all awards of damages, interest and mandatory orders – of the High Court dated July 29, 2025.
Smit 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.
The model's mother, Christina Carolina Gerarda Johanna Verstappen, filed the lawsuit on Nov 20, 2020. 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, the High Court 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.
