KUALA LUMPUR: The hearing of a lawsuit filed by the mother of Dutch model Ivana Esther Robert Smit against the police, the Home Minister and the Malaysian government will begin on Oct 14 at the High Court here.
Christina Carolina Gerarda Johanna Verstappen is suing the Inspector-General of Police, Dang Wangi investigating officer ASP Faizal Abdullah, the Home Minister and the Malaysian government for alleged breach of statutory duties and negligence in the investigation to determine the cause of her daughter’s death.
Lawyer Datuk S.N. Nair, representing Verstappen, 60, when contacted, said the date was set during the case management before Judicial Commissioner Roz Mawar Rozain today.
The Judicial Commissioner maintained the dates that had been set earlier for the hearing, he said, adding that the court had set 18 days for the trial - Oct 14 to 16; 21 to 23; and 28 to 30 and from Nov 4 to 6; 11 to 13; and 18 to 20.
Verstappen filed the suit on Nov 20, 2020.
On April 21, 2021, the High Court struck out Verstappen’s suit on grounds that her statement of claim did not comply with Order 18, Rule 7 of the Rules of Court 2012 but upon an appeal, the Court of Appeal reinstated the suit.
In the suit, she claimed that her 18-year-old daughter was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from the 20th floor of a condominium unit owned by American couple Alex Johnson and Luna Almazkyzy.
She contended that the police had committed negligence when they failed to cordon off the crime scene or conduct a proper investigation against Johnson and Almazkyzy and failed to detain, extradite and secure the duo’s attendance during the inquest as key witnesses.
On March 18, 2019, the Coroner’s Court ruled that Ivana’s death was caused by a “misadventure’.
Not satisfied with the coroner’s verdict, Verstappen appealed to the Kuala Lumpur High Court and on Nov 22, 2019, High Court Judge Collin Lawrence Sequerah set aside the coroner’s verdict and replaced it with a verdict of ‘Death by a person or persons unknown”.
The court also ordered the Attorney-General’s Chamber to instruct the Royal Malaysia Police to carry out further investigations.
Verstappen appealed against the High Court’s decision to quash her suit and on Feb 7, 2022, the Court of Appeal ruled in her favour.
The defendants then applied to strike out the suit, but the High Court dismissed it on Dec 7, 2022.
