Malaysia’s Court of Appeal has unanimously overturned a high-profile ruling that previously found local authorities negligent in their investigation into the 2017 death of Dutch model Ivana Smit, according to Malay Mail. The reversal strips away an award of approximately €224,000—or RM1.1 million—that a lower court had ordered the government and police to pay to Smit’s mother, Christina Carolina Gerarda Johanna Verstappen. Delivering the grounds for the decision, Justice K. Muniandy ruled that law enforcement agencies do not owe an actionable private law duty of care to individual complainants or bereaved relatives regarding the conduct of criminal investigations.
Court overturns initial ruling after fatal fall
Smit was 18 years old when she was found dead on December 7, 2017, after falling from the 20th-floor condominium unit of American citizens Alex Johnson and Luna Almazkyzy at CapSquare Residence in Kuala Lumpur, as reported by The Star. While a coroner’s court initially classified the death as misadventure, the High Court later overturned that finding in November 2019, designating the cause as death by person or persons unknown. Verstappen subsequently filed a civil lawsuit against the government, the Inspector-General of Police, an investigating officer, and the Home Minister in November 2020. She claimed officers failed to properly cordon off the scene, secure personal belongings, or adequately investigate the American couple.
Last year, High Court judge Justice Roz Mawar Rozain ruled that the police had seriously failed in their duties and acted negligently. The court awarded Verstappen RM1.1 million in general, aggravated, and exemplary damages, ordered the removal of the lead investigating officer, and mandated quarterly progress reports to prosecutors. However, the appellate panel chaired by Justice Datuk Zaini Mazlan set aside all damages and operational directives, concluding that the original court exceeded its judicial remit by directing police personnel assignments and supervisory procedures in violation of the separation of powers.
Legal Next Steps for the Smit Family
Counsel Sebas Diekstra told NL Times that the legal team is actively discussing the possibility of pursuing a final challenge. Under Malaysian law, the family must first obtain leave, or formal permission, to appeal the decision before Malaysia’s highest court, the Federal Court.
Nair cautioned that shielding public agencies from private negligence claims under the doctrine of stare decisis risks leaving victims without an effective legal remedy. He emphasized that accountability must not be sacrificed at the altar of legal technicalities concerning the conduct of public authorities. Diekstra similarly described the ongoing years of litigation as distressing for a family forced to fight continuously just to hold authorities accountable for established shortcomings.
Case Timeline Fact Check
The civil suit was originally filed on November 20, 2020, leading to a High Court damages award on July 29, 2025, before the Court of Appeal overturned the payout in October 2026.
Coroner rules death as accidental misadventure
What was the original cause of death determined by the coroner?
The Coroner’s Court ruled on March 18, 2019, that Smit’s death was due to misadventure, an accidental death, before subsequent court challenges reclassified the circumstances.
How much was the original compensation awarded to the family?
A Kuala Lumpur High Court judge awarded Verstappen RM1.1 million in total damages in July 2025, consisting of RM500,000 in general damages, RM300,000 in aggravated damages, and RM300,000 in exemplary damages, alongside RM100,000 in costs.
Who owned the condominium unit where Smit was visiting?
The 20th-floor condominium unit at CapSquare Residence was owned by US citizens Alex Johnson and Luna Almazkyzy, whom Smit was visiting on the night of her death.
What remains the final judicial option for Verstappen?
Verstappen’s legal team can apply for leave to appeal the Court of Appeal’s unanimous decision to the Federal Court, the highest court in Malaysia.