KUALA LUMPUR, Oct 14 — The Court of Appeal has overturned a High Court ruling ordering the government and police to pay RM1.1 million in damages to the mother of Dutch model Ivana Smit over alleged investigative failures following her 2017 death.
A three-judge bench chaired by Justice Datuuk Zaini Mazlan unanimously allowed the government's appeal, setting aside all general, aggravated, and exemplary damages, alongside mandatory operational directives, FMT reported.
Delivering the judgment grounds, Justice K. Muniandy ruled that police do not owe an actionable private law duty of care to individual complainants or bereaved relatives regarding the conduct of investigations.
“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.
Muniandy added that the High Court exceeded its judicial remit by directing police personnel assignments and supervisory procedures, noting: “The supervision and direction of police investigations fall within the executive and prosecutorial functions, and the courts must respect the separation of powers,”.
Last year, the High Court awarded Smit's mother, Christina Verstappen, RM1.1 million in total damages, removed the lead investigating officer, and ordered quarterly progress reports to prosecutors.
Smit, 18, was found dead after falling from a 20th-floor condominium unit at CapSquare Residence in Kuala Lumpur on Dec 7, 2017. While an inquest initially ruled misadventure, the High Court later reclassified the death as caused by person or persons unknown.
Verstappen's counsel, S.N. Nair, expressed deep disappointment with the outcome, stating that the legal team would evaluate applying for leave to appeal to the Federal Court.