THE family of Dutch model Ivana Smit has decided not to pursue a further appeal against the Court of Appeal's decision overturning a RM1.1 million damages award in their lawsuit over alleged police negligence in the investigation into her death.
The family's lawyer, Datuk Sankara Nair, said the decision not to seek leave to appeal marked the end of the civil proceedings, but should not be interpreted as satisfaction with the investigation or acceptance that the family's concerns had been addressed.
“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,” he said in a statement yesterday.
Despite the unfavourable ruling, Sankara commended the Court of Appeal's oral observations, describing them as firm, emphatic and stern.
He said the appellate court had emphasised that its decision did not absolve the authorities of responsibility for past shortcomings and that police remained duty-bound to pursue viable investigative leads diligently and keep the family informed.
However, he clarified that the observations were made orally and did not form part of a formal court order requiring regular 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,” he said.
On Oct 14, a three-member Court of Appeal panel allowed the government's appeal and set aside the High Court's July 29, 2025 decision awarding damages to Smit's family.
The appellate court ruled that the High Court judge had made a fundamental error of law by recognising a private common law duty of care owed by police officers to individual complainants or next-of-kin in the conduct of criminal investigations.
The decision overturned the entire High Court judgment, including damages, interest and mandatory orders.
Smit was found dead on Dec 7, 2017, at CapSquare Residence in Kuala Lumpur after falling from the 20th floor of a condominium unit. The unit was owned by two United States citizens, Alex Johnson and Luna Almazkyzy.
Her mother, Christina Carolina Gerarda Johanna Verstappen, filed the lawsuit on Nov 20, 2020, alleging negligence by police in handling the investigation.
Among her claims were that police had failed to secure the crime scene, seize the victim's personal belongings, collect evidence, properly investigate Johnson and Almazkyzy, and secure their attendance as key witnesses at the inquest.
On July 29, 2025, the High Court awarded Verstappen RM500,000 in general damages, RM300,000 in aggravated damages and RM300,000 in exemplary damages, together with RM100,000 in costs. - November 14, 2026
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