KUALA LUMPUR – The mother of the late Dutch model Ivana Esther Robert Smit has filed an appeal over the high court’s decision to quash her suit against the police, the home minister, and the Malaysian government for alleged breach of statutory duties and negligence in the investigation to determine the cause of her daughter’s death.
Lawyer Datuk S.N. Nair, representing Christina Carolina Gerarda Johanna Verstappen, said the notice of appeal which was filed yesterday had also been submitted to the Attorney-General’s Chambers.
Verstappen, 57, filed the appeal, naming the inspector-general of police, Dang Wangi district police investigating officer Faizal Abdullah, the home minister, and the Malaysian government as respondents.
According to the notice of appeal, Verstappen as the appellant was not satisfied with the decision of high court judge Datuk Akhtar Tahir during the case management proceedings that were conducted via Zoom on April 21.
Verstappen is appealing against the court’s decision that ruled that the suit was struck out with the plaintiff given the liberty to file another suit, stating that the statement of claim did not comply with Order 18, Rule 7 of Rules of Court 2012.
In her statement of claim filed on November 20 last year, Verstappen said 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 the condominium unit owned by American couple Alex Johnson and Luna Almazkyzy.
Verstappen said on or about the evening of December 7, 2017, she was informed about the death of her daughter and immediately flew to Kuala Lumpur from the Netherlands.
She said that upon arrival in Malaysia on December 9, 2017, she was asked by the defendants to identify the deceased at the morgue at Hospital Kuala Lumpur, and was then informed by the defendants and one Sergeant Haliza (the first investigating officer) that her daughter’s nude body was found on the balcony of the sixth floor condo and her daughter had committed suicide.
She added that the defendants had opened a sudden death report on December 7, 2017 and had proceeded to conclude the case as death caused by natural cause or suicide.
Verstappen said she could not accept the aforesaid conclusion on her daughter’s death by the defendants and Sergeant Haliza as she found it highly unbelievable and incredible, and was also aghast and appalled that the defendants had only opened a sudden death report.
She contended that the action or omissions by the defendants were in clear breach of the standard operating procedures and best practices in police investigations. – Bernama, May 19, 2021
