THE High Court today ordered the government to pay damages totalling RM1.1 million to the mother of Dutch model Ivana Esther Robert Smit, who was found dead on the sixth floor of a condominium eight years ago.
Judge Roz Mawar Rozain made the order after allowing a suit filed by Christina Carolina Gerarda Johanna Verstappen, after finding that there was negligence by the police in handling the investigation into her daughter's death in 2017.
Roz Mawar also ruled that there was a breach of duty of care by the authorities, including failures in the management of crime scenes, preservation of evidence and forensic procedures, reported Berita Harian.
The lawsuit was filed by Verstappen, who named the Inspector-General of Police; Dang Wangi District Police Investigating Officer, Assistant Commissioner Faizal Abdullah; the Home Minister; and the Malaysian government, alleging that they breached their statutory duties and were negligent in the investigation to determine the cause of her daughter's death.
In her statement of claim, Verstappen said her 18-year-old daughter was found dead on the sixth floor of Cap Square Residence on December 7, 2017, after falling from the 20th floor of a condominium unit owned by American couple Alex Johnson and Luna Almazkyzy.
Roz Mawar, in her judgment, declared that the defendants had failed to discharge their responsibilities as decided by the High Court in 2019.
The then High Court judge, Justice Datuk Collin Lawrence Sequerah, set aside the Coroner's Court's decision which ruled the case as an 'unfortunate incident' and replaced it with 'death caused by an unknown individual or individuals'.
Sequerah then ordered the Attorney General to direct the police to commence an investigation.
Meanwhile, Roz Mawar in today's ruling ordered the government and three other defendants to pay general damages totaling RM500,000, aggravated damages (RM300,000) and exemplary damages (RM300,000) to Verstappen as well as costs totaling RM100,000.
She also allowed Verstappen's application for an order for the Inspector-General of Police to remove Faizal from the Task Force to investigate the cause of the victim's death.
The court also ordered the Royal Malaysian Police (PDRM) to restart the investigation in accordance with the High Court's order in 2019 which ruled that Ivana's death was caused by an 'unknown individual or individuals' and ordered the Attorney General to direct the police to commence an investigation.
Roz Mawar also ordered the PDRM to brief the Attorney General's Chambers (AGC) every three months from the date of the judgment on the progress of the investigation and was required to make a decision on the sufficiency of evidence and the next steps.
According to Verstappen in her statement of claim, the defendant opened an investigation paper based on a sudden death report on December 7, 2017 and closed the case, after concluding it was a sudden death or suicide.
The plaintiff said she could not accept the conclusion because the matter was very unbelievable and was shocked by the defendant's action of only opening an investigation paper based on a sudden death report.
Following this, Verstappen claimed that the defendant's action was a clear violation of standard operating procedures (SOP) and best practices in police investigations.
She said the AGC then ordered an inquest to be held to determine the cause of her daughter's death and on March 8, 2019, Coroner Mahyon Talib ruled the case as an 'unfortunate incident'.
Dissatisfied with the Coroner's Court's decision, Verstappen appealed to the Kuala Lumpur High Court and on November 22, 2019, Judge Sequerah set aside the decision. - July 29, 2025
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