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.
A three-member panel comprising judges Zaini Mazlan, Ong Chee Kwan and K Muniandy delivered the judgment.
Muniandy set aside...
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.
A three-member panel comprising judges Zaini Mazlan, Ong Chee Kwan and K Muniandy delivered the judgment, Free Malaysia Today reported.
Muniandy set aside the High Court judgment and orders dated July 29, 2025, including all awards of damages, interest and mandatory orders.
In his ruling, Muniandy said the police do not owe a private law duty of care to complainants or their relatives in determining how an investigation is conducted.
“While law enforcement authorities owe responsibilities to the public as a whole, this does not automatically mean that a private law duty of care exists towards individual complainants or their relatives.
“The High Court erred in treating negligence and misconduct as separate causes of action, without satisfying the legal requirements needed to establish liability against a public authority,” he said.
Muniandy also said the High Court exceeded its jurisdiction when it issued orders relating to the management of police personnel and the day-to-day conduct of the investigation.
“The supervision and direction of police investigations fall within the executive and prosecutorial functions, and the courts must respect the separation of powers,” he said.
However, the court held that the police remain bound by a duty to diligently pursue traceable leads.
High Court awards RM1.1m
On July 29 last year, the High Court ruled that Christina Carolina Gerarda Johanna Verstappen was entitled to general damages of RM500,000, aggravated damages of RM300,000 and exemplary damages of RM300,000, as well as costs of RM100,000.
The court also directed the inspector-general of police to remove investigating officer Faizal Abdullah from the task force, and ordered the police to 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.
/file/publisher-c1a3f893382d2b2f8a9aa22a654d9c97/2021/05/4302d044ee7026f2bd73c74079ade15d.jpg "Ivana Esther Robert Smit model 19 found dead in condominium 121217 1 + Ivana Esther Robert Smit model 19 found dead in condominium Dang Wangi 190521")
Smit, 18, was found dead at CapSquare Residence on Dec 7, 2017, after falling from a 20th-floor condominium unit. The Coroner's Court ruled in March 2019 that her death was a misadventure.
The High Court later replaced that finding with a determination that the death was caused by one or more unknown persons.
Senior federal counsel Liew Horng Bin and Nuur Zul Izzati Zulkipli represented the government, while Sankara Nair and Wong Guo Jin appeared for Smit’s mother.
Dutch deputy ambassador to Malaysia Pieter Blusse attended today’s proceedings.
Deeply disappointed
In a statement, Sankara said he and his client were deeply disappointed with the decision but accepted it respectfully and with a clear conscience, having taken every available avenue in the pursuit of justice.
He acknowledged that the court was bound by judicial precedent and the doctrine of stare decisis, partly to avoid a flood of negligence claims against government agencies.
READ MORE: KINIGUIDE | How badly did police botch investigation into model's death?
However, he said he feared the far more worrying consequence, namely that it opens the door to unchecked and extreme negligence by the agencies concerned, particularly the police, leaving victims without effective legal recourse.
“The court, in the end, is the last bastion of justice for those seeking accountability from the state.
“His client now has one last avenue, which is to appeal to the Federal Court, subject to leave being granted.
“We remain firm in our stance that accountability cannot be sacrificed in the name of legal technicalities, especially when it involves the actions of public authorities,” he added.