Mother Of Dutch Model Awarded RM1.1 Million For Negligence In Probe Over Daughter's Death

KUALA LUMPUR, July 29 (Bernama) -- The High Court here today awarded RM1.1 million in damages to the mother of Dutch model Ivana Esther Robert Smit, whose nude body was found on the sixth-floor balcony of a condominium here eight years ago.

Christina Carolina Gerarda Johanna Verstappen had sued the Inspector-General of Police, Dang Wangi investigating officer ASP Faizal Abdullah, the Home Minister, and the Malaysian government for alleged breach of statutory duties and negligence in the investigation into the cause of her daughter’s death.

In her judgment, Judge Roz Mawar Rozain ordered the defendants to pay RM500,000 in general damages, RM300,000 in aggravated damages, and RM300,000 in exemplary damages to Verstappen.

The defendants were also ordered to pay RM100,000 in costs to the plaintiff.

In the judgment, Roz Mawar also ordered the first defendant (Inspector-General of Police) to remove the second defendant (Faizal) from the current task force investigating the case, while the Royal Malaysia Police (PDRM) was ordered to recommence investigation relating to Ivana Smit's death as per the 2019 High Court order.

"PDRM is (also) directed to brief the AGC (Attorney General Chambers) every three months from the date of this judgment on the updates of investigation, and the AGC is to deliver on the sufficiency of evidence and the next step forward," she said.

In allowing the suit by Verstappen, Roz Mawar ruled that there were breaches of the duty of care by the defendants and crime scene management failures.

"There were evidence preservation failures. There was inadequate witness and suspect handling. There was forensic evidence of neglect, and there was expert evidence of dismissal. The plaintiff is a direct victim, has suffered harm, and that harm suffered by the plaintiff is the direct and foreseeable consequence of the defendants’ breach of duty," she said.

Roz Mawar said the court also found there was misfeasance in public office, which involves the improper performance of a lawful act, and concluded that the investigation failed to employ advanced forensic methodologies that could have provided crucial temporal insights into the trauma suffered by the deceased.

She said that on Feb 8, 2018, a report revealed the presence of American citizen Alex Johnson’s Deoxyribonucleic Acid (DNA) under the fingernails of the deceased.

“Despite this critical piece of evidence, both Alex and Luna Almazkyzy (couple) were allowed to leave Malaysia on March 29, 2018, nearly a month after the DNA findings became available,” she said.

The judge said the second defendant testified that although the DNA evidence was received and suspicions had arisen, no immediate steps were taken to detain the suspect or suspects before their departure.

“This sequence of events reflects a fundamental breakdown in investigative procedures. The presence of DNA evidence linking a suspect to the deceased, especially under such suspicious circumstances, should have triggered prompt and decisive action to prevent the suspect from leaving the jurisdiction,” she said.

The judge noted that a specialised task force was established to investigate the case following a High Court order in 2019, but the court observed that the defendants failed to ensure the effective operation and accountability of this investigative mechanism.

“The evidence indicates that the task force did not produce substantive results or provide meaningful updates to the interested parties, particularly the plaintiff and the deceased’s family. It is recognised that investigations may take time to yield results," she added.

However, Roz Mawar said the evident lack of transparency and accountability in the task force’s operations, coupled with the absence of demonstrable progress or communication, indicates a failure to properly manage and execute the reinvestigation mandate.

“This conduct, when viewed alongside the earlier investigative deficiencies, demonstrates a pattern of deficient performance of statutory duties that has resulted in prejudice to the plaintiff’s legitimate interests in obtaining closure and understanding regarding her daughter’s tragic death.

"The death of an 18-year-old young woman under suspicious circumstances should have warranted the most thorough and professional investigation. Instead, the evidence reveals a litany of failures, incompetence and disregard for proper procedure," she said. 

In the suit filed on Nov 20, 2020, Verstappen claimed that her daughter 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 American couple Alex Johnson and Luna Almazkyzy.

She contended that the 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 key witnesses.

On March 18, 2019, the Coroner's Court ruled that Ivana’s death was caused by a ‘misadventure’.

Not satisfied with the coroner's verdict, Verstappen appealed to the Kuala Lumpur High Court and on Nov 22, 2019, Judge Datuk Collin Lawrence Sequerah set aside the coroner's verdict and replaced it with a verdict of ‘Death by a person or persons unknown”.

Meanwhile, Verstappen's counsel, Datuk Sankara Nair, said the court had rightly and courageously addressed the negligence, misfeasance, malfeasance, and non-feasance in the handling of the investigation into Ivana Smit’s tragic death.

"After more than eight years of grief, unanswered questions, and unrelenting legal struggle, justice has finally prevailed, not only for Ivana and her family, but for the rule of law in Malaysia," he said in a statement today.

-- BERNAMA