THE mother of Dutch model Ivana Smit is considering an appeal to the Federal Court after the Court of Appeal unanimously overturned a RM1.1 million damages award over alleged negligence in the investigation into her daughter’s death.
Lawyer Datuk Sankara Nair said Christina Carolina Gerarda Johanna Verstappen had one remaining avenue to challenge the decision, subject to obtaining leave to appeal.
The Court of Appeal allowed the government’s appeal against a Kuala Lumpur High Court ruling delivered on July 29, 2025, which had awarded the damages to Verstappen.
Sankara said the family was disappointed with the latest ruling but respected the court’s decision.
“We are doing this with a calm heart, knowing that we have exhausted every avenue available to us so far in our pursuit of justice.
“We remain firmly convinced that accountability must not be sacrificed at the altar of legal technicalities, particularly when it concerns the conduct of public authorities,” he said in a statement.
Sankara acknowledged that courts were bound by judicial precedents under the doctrine of stare decisis, which requires lower courts to follow relevant decisions of higher courts.
Under Malaysian law, stare decisis is the legal principle that courts should follow established legal precedents when deciding cases involving similar legal issues.
He said the doctrine was partly intended to prevent an excessive number of negligence claims, but cautioned against the potential consequences of restricting legal remedies for alleged failures by public agencies.
“I am, however, concerned about the more troubling consequence — that it could open the door to unchecked and arbitrary negligence by the agencies concerned, particularly the police, leaving victims without an effective legal remedy,” he said.
“The courts are, after all, the last bastion of justice for those seeking accountability from the government.”
Ivana, 18, was found dead in Kuala Lumpur in December 2017 after falling from a high-rise condominium. Her mother’s civil suit concerned allegations of negligence in the police investigation into her death. - October 14, 2026