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Govt ordered to pay Ivana Smit’s family RM1.1mil
3 hours ago
Ho Kit Yen
The High Court holds the government and police liable for negligence in exercising their duties in probing the Dutch model's death
Ivana Smit was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from a unit on the 20th floor. (Instagram pic)
KUALA LUMPUR: The High Court here has ordered the government to pay RM1.1 million in damages to the family of Dutch model Ivana Smit for failing to conduct a proper investigation into her death.
Justice Roz Mawar Rozain held the government and police liable for negligence in exercising their duties.
The court ordered the government to pay RM500,000 as general damages and a total of RM600,000 as aggravated and exemplary damages, together with costs of RM100,000.
In her judgment, Roz Mawar said investigating officer Faizal Abdullah had “arbitrarily classified Smit’s death as suicide” despite the presence of circumstantial evidence suggesting the possibility of homicide.
The judge said the initial investigating officer, Hazliza Hamdan, raised suspicions of foul play, but Faizal, her superior, dismissed them.
“The IO (Faizal) admitted that despite receiving the forensic report stating that (suspect) Alex Johnson’s DNA was found under the deceased’s nails, no immediate action was taken to arrest Alex and his wife Luna Almaz,” she said.
According to Roz Mawar, Faizal had attributed the presence of Johnson’s DNA to sexual activity with the deceased.
The court also noted that another High Court had directed the Attorney-General’s Chambers (AGC) to instruct the police to investigate the cause of Smit’s death in 2019.
“Despite a judicial directive, the defendants (including Faizal) failed to meaningfully comply with this order.
“A task force was set up to probe the deceased’s death, yet the IO was retained as a member.
“In his testimony, he told the court that investigations were still ongoing but he failed to show the court what was the progress.
“The court finds that this investigation has been stagnant since 2019,” Roz Mawar said.
Smit’s mother, Christina Caroline Gerarda Johanna Verstappen, filed the lawsuit on the family’s behalf in 2020, naming the government, the police, and Faizal as defendants.
Smit, who was 18, was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from a unit on the 20th floor.
An inquest held in 2018 determined that her death was a “misadventure”.
Upon revision by the High Court, the court ruled that Smit’s death was caused by “persons known or unknown”.
Justice Roz Mawar Rozain held the government and police liable for negligence in exercising their duties.
The court ordered the government to pay RM500,000 as general damages and a total of RM600,000 as aggravated and exemplary damages, together with costs of RM100,000.
In her judgment, Roz Mawar said investigating officer Faizal Abdullah had “arbitrarily classified Smit’s death as suicide” despite the presence of circumstantial evidence suggesting the possibility of homicide.
The judge said the initial investigating officer, Hazliza Hamdan, raised suspicions of foul play, but Faizal, her superior, dismissed them.
“The IO (Faizal) admitted that despite receiving the forensic report stating that (suspect) Alex Johnson’s DNA was found under the deceased’s nails, no immediate action was taken to arrest Alex and his wife Luna Almaz,” she said.
According to Roz Mawar, Faizal had attributed the presence of Johnson’s DNA to sexual activity with the deceased.
The court also noted that another High Court had directed the Attorney-General’s Chambers (AGC) to instruct the police to investigate the cause of Smit’s death in 2019.
“Despite a judicial directive, the defendants (including Faizal) failed to meaningfully comply with this order.
“A task force was set up to probe the deceased’s death, yet the IO was retained as a member.
“In his testimony, he told the court that investigations were still ongoing but he failed to show the court what was the progress.
“The court finds that this investigation has been stagnant since 2019,” Roz Mawar said.
Smit’s mother, Christina Caroline Gerarda Johanna Verstappen, filed the lawsuit on the family’s behalf in 2020, naming the government, the police, and Faizal as defendants.
Smit, who was 18, was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from a unit on the 20th floor.
An inquest held in 2018 determined that her death was a “misadventure”.
Upon revision by the High Court, the court ruled that Smit’s death was caused by “persons known or unknown”.
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Another 'buat ta'tahu' case a la TBH, with the public paying a hefty sum for the injustice
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