PUTRAJAYA: The mother of Dutch model Ivana Smit may take her legal battle against the government to the Federal Court after the Court of Appeal today overturned a RM1.1 million damages award over alleged negligence in the investigation into her daughter's death.
The three-member bench, led by Datuk Mohamed Zaini Mazlan and comprising Datuk Ong Chee Kwan and K. Muniandy, unanimously allowed the government's appeal.
Muniandy, who delivered the decision, said the bench had set aside the Kuala Lumpur High Court's July 29, 2025 judgment, including all damages awards, interest and mandatory orders directing the conduct of the ongoing criminal investigation.
After the hearing, Christina Carolina Gerarda Johanna Verstappen, Smit's mother, said through her lawyer, Datuk Sankara Nair, that the family's final avenue of recourse was an appeal to the Federal Court, subject to leave being granted.
Sankara said he and Verstappen were profoundly disappointed with the ruling but respected the court's decision.
"We do so with a clear conscience, knowing that we have pursued every available avenue thus far in our quest for justice.
"We remain steadfast in our belief that accountability must never be sacrificed at the altar of legal technicalities, particularly where the conduct of public authorities is concerned," he said in a statement.
Sankara acknowledged that the courts were bound by judicial precedent and the doctrine of stare decisis (to stand by things decided).
"In part to guard against the opening of the floodgates to negligence claims, I shudder to think of the far more disturbing consequence, the opening of the floodgates to unchecked and wanton negligence by those very agencies, particularly the police, leaving victims without effective legal redress.
"The courts are, after all, the last bastion of justice for those seeking accountability from the state," he said.
Smit, 18, was found dead on the sixth floor of Cap Square Residences on Dec 7, 2017, after falling from the 20th floor.
She had been at the condominium unit of an American couple, Alexander William Johnson and Laura Almazkyzy.
Despite allowing the government's appeal, Muniandy said the bench had departed from the usual practice of ordering costs.
"The respondent (Verstappen) is a mother and also a foreigner whose daughter tragically died within our jurisdiction.
"Her recourse to our civil courts was born out of profound grief, prolonged institutional silence and a desperate quest for answers.
"It would be contrary to the interests of justice and basic humanity to saddle her with an adverse costs order," he said.
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