Court of Appeal overturns RM1.1 million damages awarded to Ivana Smit’s mother, allowing the government and police appeals
PUTRAJAYA: The Court of Appeal today allowed appeals by the government and three others to set aside a High Court ruling that awarded RM1.1 million in damages to the mother of the late Dutch model Ivana Esther Robert Smit over alleged negligence in the investigation into her daughter’s death.
The unanimous decision was delivered by a three-member panel comprising Justices Datuk Mohamed Zaini Mazlan, Datuk Ong Chee Kwan and K. Muniandy.
Justice Muniandy, delivering the court’s decision, set aside the High Court judgment and orders dated July 29, 2025, including all awards of damages, interest and mandatory orders.
On July 29, 2025, the Kuala Lumpur High Court allowed Christina Carolina Gerarda Johanna Verstappen’s suit, ordering the defendants to pay her RM500,000 in general damages, RM300,000 in aggravated damages, RM300,000 in exemplary damages and RM100,000 in costs.
The High Court further ordered the Inspector-General of Police to remove ASP Faizal Abdullah from the current task force and directed the Royal Malaysia Police (PDRM) to reopen the investigation into Ivana Smit’s death, as previously mandated by the High Court in 2019, thereby setting aside the Coroner’s Court decision.
The PDRM was also instructed to provide progress briefings to the Attorney General’s Chambers (AGC) at three-month intervals. The AGC is tasked with assessing whether sufficient evidence has been obtained and determining any subsequent legal action.
Verstappen had filed proceedings against the IGP, Dang Wangi investigating officer ASP Faizal Abdullah, the Home Minister and the Government of Malaysia, alleging negligence and breach of statutory duties in the investigation of her daughter’s death.
In delivering the broad grounds of judgment, Justice Muniandy said the court found that the trial judge had erred in evaluating the evidence by treating findings and notes of evidence from the earlier inquest and criminal revision proceedings as conclusive substantive proof in a civil trial de novo (from the beginning).
He said an inquest under Chapter 32 of the Criminal Procedure Code (CPC) was an inquisitorial process to establish the identity of the deceased and the cause of death.
“The 2019 Criminal High Court order substituting a finding of ‘death by person or persons unknown’ was a judicial threshold determination requiring the case to be investigated under Section 302 of the Penal Code. It was not an inter partes civil adjudication establishing actionable tortious fault or civil liability against the investigating officers,” he said.