KUALA LUMPUR – The high court has delivered a landmark judgment holding senior police officers and the Malaysian government liable for failing to properly investigate the 2017 death of Dutch model Ivana Esther Robert Smit.
Justice Roz Mawar Rozain ruled that the inspector-general of police, investigating officer Faizal Abdullah of the Dang Wangi police district, the home minister, and the government had been negligent in handling the case.
She awarded RM1.1 million in total damages to Smit’s mother, Christina Carolina Gerarda Johanna Verstappen.
The court also found there had been a breach of the duty of care, citing serious failures in crime scene management, forensic procedure, and the preservation of evidence in what it said was a matter of public interest.
In a rare move, the Court issued a writ of mandamus, ordering:
- the removal of Faizal from the reinvestigation team,
- a fresh investigation into Smit’s death,
- quarterly progress reports to the Attorney-General’s Chambers (AGC), and
- mandatory prosecutorial action based on the reinvestigation’s findings.
The civil suit, filed by Verstappen, stemmed from the discovery of her 18-year-old daughter’s body on the sixth floor of Cap Square Residence in Kuala Lumpur on 7 December 2017. She is believed to have fallen from the 20th floor unit occupied by American couple Alex Johnson and Luna Almazkyzy.
Following a judicial review, the high court in November 2019 ruled that Smit’s death was caused by “a known or unknown individual”.
Roz Mawar also awarded the plaintiff RM500,000 in general damages, RM300,000 in aggravated damages, and RM300,000 in exemplary damages, with 5% annual interest until full settlement. The defendants were also ordered to pay RM100,000 in legal costs.
Plaintiff’s counsel Datuk Sankara Nair described the ruling as both legally and morally significant, saying it sets an important precedent for institutional accountability in the investigation of suspicious deaths.
He said the court had rightly addressed what he called “negligence, misfeasance, malfeasance and non-feasance” in the handling of the case.
He praised the court for issuing what he described as “exemplary and unprecedented” mandamus orders to ensure accountability is no longer delayed or denied.
Sankara urged the Attorney-General’s Chambers to give the ruling the highest regard and not pursue an appeal, noting that the judgment is rooted in evidence, law, and constitutional principles.
He also extended his appreciation to Dutch Ambassador Jacques Werner and the Government of the Netherlands for their diplomatic and moral support throughout the proceedings. – July 29, 2025
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