THE Court of Appeal has overturned a High Court decision ordering the government to pay RM1.1 million in damages to the mother of Dutch model Ivana Smit over alleged negligence in the investigation into her daughter’s death.
A three-judge panel comprising Justices Mohamed Zaini Mazlan, Ong Chee Kwan and K. Muniandy unanimously allowed the government’s appeal.
Justice Muniandy, who delivered the ruling, said the police did not owe a private law duty of care to individual complainants or their relatives when deciding how an investigation should be conducted.
“While law enforcement authorities owe duties to the public at large, this does not automatically translate into a private law duty of care to individual complainants or their relatives,” he said.
He said the High Court had erred in treating negligence and misconduct as independent grounds for liability without establishing the legal requirements for holding public authorities responsible.
The Court of Appeal set aside the damages award, interest and orders requiring further action by the police.
In its judgment on July 29 last year, the High Court awarded Ivana’s mother, Christina Carolina Gerarda Johanna Verstappen, RM500,000 in general damages, RM300,000 in aggravated damages and RM300,000 in exemplary damages. It also ordered the government to pay RM100,000 in costs.
The High Court had further directed the inspector-general of police to remove investigating officer Faizal Abdullah from the task force, reopen the investigation and submit progress reports to the Attorney-General’s Chambers every three months.
Verstappen filed the suit in November 2020, alleging negligence in the investigation into her daughter’s death.
Ivana, 18, was found dead at CapSquare Residence in Kuala Lumpur on Dec 7, 2017, after falling from the 20th floor of a condominium unit owned by American couple Alex Johnson and Luna Almazkyzy.
The coroner’s court ruled her death a misadventure in March 2019. The High Court later overturned that finding and returned a verdict that her death was caused by a person or persons unknown.
The Court of Appeal had previously ruled that police were required to pursue viable leads in the investigation diligently.
Senior federal counsel Liew Horn Bing and Nuur Zul Izzati Zulkipli appeared for the government, while SN Nair and Wong Guo Jin represented Verstappen.
Netherlands deputy ambassador Pieter Blusse was present in court to observe the proceedings.
Speaking to reporters after the ruling, Nair said he was deeply disappointed with the outcome.
He acknowledged the importance of legal precedent in preventing a flood of negligence claims against government agencies but said this should not give the police or other public authorities free rein to act negligently. - October 14, 2026