Malaysia

Cops still probing into Dutch model Ivana Smith’s death: federal counsel

Lawyer for victim’s mother says she was not informed of ongoing investigation

Updated 3 years ago · Published on 13 Oct 2022 6:24PM

Cops still probing into Dutch model Ivana Smith’s death: federal counsel
The Kuala Lumpur High Court has set November 4 to decide on the plaintiff’s application to amend the statement of claim and also to hear the applications by all the defendants to strike out the suit in the case brought by the mother of Dutch model Ivana Esther Robert Smit against police, the home minister, and the government. – Rob Nailsworth Facebook pic, October 13, 2022

KUALA LUMPUR – Police are still investigating the death of Dutch model Ivana Esther Robert Smit, whose nude body was found on the balcony of the sixth floor of a condominium five years ago, the high court was told today.

Senior federal counsel Norfauzani Mohd Nordin, in objecting to an application by the late model’s mother, Christina Carolina Gerarda Johanna Verstappen, to amend her statement of claim, said there were still some matters that needed to be done by police to complete the investigation and that the application was premature.

The hearing was held before judicial commissioner Roz Mawar Rozan.

Verstappen had filed a suit against the inspector-general of police, Dang Wangi investigating officer Faizal Abdullah, the home minister, and the Malaysian government.

Asked by Roz Mawar whether the second defendant (investigating officer) was still on duty, Norfauzani said he was still on the case.

Meanwhile, lawyer Datuk S.N. Nair, representing Verstappen, said he or his client was not informed of the progress of the investigation into the model’s death.

“No evidence or official confirmation of an ongoing investigation was conveyed to the solicitors or family. Quite unfortunate because we should have been informed,” he added.

On his client’s application to amend the statement of claim, Nair said it was necessary to enable the plaintiff to present the case in a more clear and accurate manner.

The application only involves amendments to the facts of the case that are not disputed by the parties, he added.

Roz Mawar then set November 4 to decide on the application and also to hear the applications by all the defendants to strike out the suit. 

Verstappen, 57, had filed the suit on November 20, 2020, against police, the home minister, and the government for alleged breach of statutory duties and negligence in the investigation to determine the cause of her daughter’s death.

She claimed that her 18-year-old daughter was found dead on the sixth floor of CapSquare Residence in Kuala Lumpur on December 7, 2017, after falling from the 20th floor of a condominium unit owned by American couple Alex Johnson and Luna Almazkyzy.

She contended that police had committed negligence when they failed to cordon off the crime scene or conduct a proper investigation against Johnson and Almazkyzy, and failed to detain, extradite, and secure the duo’s attendance during the inquest as the key witnesses.

Not satisfied with the coroner’s verdict, Verstappen appealed to the Kuala Lumpur High Court and on November 22, 2019, high court judge Datuk Collin Lawrence Sequerah set aside the coroner’s verdict and replaced it with a verdict of “death by person or persons unknown” and ordered the attorney-general to direct police to begin further investigations.

On April 21 last year, the high court struck out her suit on grounds that the statement of claim did not comply with Order 18, Rule 7 of the Rules of Court 2012.

She appealed against the decision to the Court of Appeal, which ruled in her favour. – Bernama, October 13, 2022

Related News

Malaysia / 1w

Decomposed body found wrapped in mattress in Melaka

Malaysia / 3w

Former lecturer remains in prison for 30 years for murder, discharging firearm

Malaysia / 3w

Childcare worker charged with causing death of seven-month-old baby at daycare

Malaysia / 1mth

Nurfisya murder: Elderly couple released, investigation focuses on two teenage boys

Malaysia / 1mth

Four remanded for brutal killing of college student in Kelantan (Updated)

Malaysia / 1mth

60-year-old woman among four arrested in connection with stabbing of uni student

Spotlight

Malaysia

Anwar congratulates Modi on becoming India's longest-serving elected PM

Malaysia

Missing jewellery: Rosmah ordered to pay RM67.5 million

People

Malay kampongs in Bangkok: Echoes of southern heritage in Thailand’s capital

Opinion

Johor MB’s exclusionary rhetoric betrays the people, exposes UMNO’s political hypocrisy

Malaysia

Johor and NS polls first major test of post PAS-Bersatu political order

Malaysia

Claimed installation of 12th N. Sembilan ruler invalid - Pengelola Bijaya Diraja

Malaysia

4WD driver who drove backwards on highway nabbed, positive for drugs (video)

By Ian McIntyre

Malaysia

Seven in ten Malaysian workers earn RM5k or less - economist

You may be interested

Malaysia

Retail prices of diesel, RON95 remain unchanged - at RM4.67, RM3.72 per litre

Malaysia

Grandfather risks life to save nine family members as fire destroys home

Malaysia

Economic strains from West Asia crisis must not fracture national unity, warns Fadillah

Malaysia

Santiago pokes holes in data centre hype, asks: Who really benefits?

By Alfian Z.M. Tahir

Malaysia

PAS-UMNO meeting a positive step in line with new political dynamics – Zahid

Malaysia

Ambulance carrying two injured men crashes en route to hospital after MPV collision in Besut

Malaysia

Fatal road accidents claim at least 16 lives in little more than a week

Malaysia

Hannah Yeoh defends unity government model, says leadership is about cooperation, not exclusion