The Court of Appeal has paused a RM1.1 million payment to the late Ivana’s mother, pending the government’s appeal.
PUTRAJAYA: The Court of Appeal has allowed the government’s application for a stay of execution concerning the payment of RM1.1 million in damages awarded to the mother of the late Dutch model, Ivana Esther Robert Smit.
A three-member bench led by Justice Datuk Mohamed Zaini Mazlan ruled that the government had demonstrated special circumstances to grant a stay of the High Court’s decision of July 29, which was in favour of Christina Carolina Gerarda Johanna Verstappen, pending the disposal of its appeal.
“We are satisfied that there is a real risk that the appeal will be compromised if the appellant (the government) is compelled to comply with the mandatory orders set out in the High Court’s judgment,” he said.
Justice Mohamed Zaini, who presided with Justices Datuk Ismail Brahim and Datuk Dr Lim Hock Leng, noted that the High Court had directed the damages to be paid immediately into the stakeholder account of Verstappen’s solicitors.
However, the government explained that its payment processes were not straightforward and requiring immediate payment may give rise to practical difficulties.
“We note that there is no real risk of non-payment,” he said, adding that the government would be able to satisfy the judgment should its appeal fail.
He held that preserving the status quo regarding the awarded damages would not prejudice the respondent, Verstappen, and that a refusal to grant a stay could result in consequences that are not easily remedied or are irreversible.
He further observed that at first glance the government’s appeal appeared to possess merit, noting that there are arguable points to be advanced before the Court of Appeal concerning the mandatory orders granted by the High Court.
“The execution of the High Court’s judgment dated July 29, 2025, is stayed pending the disposal of the appeal,” he said, directing the Court of Appeal Registry to fix an early hearing date.
The respondent, Verstappen, had initiated proceedings against the Inspector-General of Police (IGP), Dang Wangi investigating officer ASP Faizal Abdullah, the Home Minister and the Government of Malaysia, alleging negligence and breach of statutory duties in the conduct of the investigation into her daughter’s death.
On July 29, the High Court ordered the government to pay Verstappen the sum of RM500,000 in general damages, RM300,000 in aggravated damages, RM300,000 in exemplary damages and RM100,000 in costs.
The High Court further ordered the IGP to remove Faizal from the current task force and directed the Royal Malaysia Police (PDRM) to recommence the investigation into the death of Ivana Smit, as had been previously ordered by the High Court in 2019, thereby setting aside the decision of the Coroner’s Court.
The PDRM was further directed to provide a briefing to the Attorney General’s Chambers (AGC) at three-month intervals on the progress of the investigation.
The AGC is tasked with assessing whether sufficient evidence has been adduced and determining any subsequent action to be taken.
Verstappen filed the suit Nov 20, 2020, alleging that her daughter was found deceased on the sixth floor of CapSquare Residence on Dec 7, 2017, having fallen from the 20th-floor condominium unit occupied by the American couple, Alex Johnson and Luna Almazkyzy.
The claimant averred that the police were negligent in their duties, specifically in failing to seal the incident scene, to seize the victim’s personal belongings, to collect pertinent evidence and to conduct a proper investigation into Johnson and Almazkyzy.
It was further alleged that they failed to arrest, extradite and secure the attendance of both individuals as key witnesses during the coroner’s inquest.
The Coroner’s Court had, on March 18, 2019, returned a verdict of misadventure in relation to Ivana’s death. The claimant, being dissatisfied with this finding, filed an appeal at the High Court.
On Nov 22, 2019, Justice Collin Lawrence Sequerah (now a Court of Appeal judge) allowed the appeal, set aside the Coroner’s verdict and found that Ivana’s death was caused by “an unknown individual or individuals.”
He consequently directed the Attorney General to instruct the police to commence a fresh investigation.
The government filed a notice of appeal on Aug 18 this year, concurrently applying for a stay of execution of the High Court’s decision.
However, this application was dismissed by the High Court on Nov 13. The government subsequently filed a fresh application for a stay with the Court of Appeal.
In the proceedings before the Court of Appeal today, the government was represented by Senior Federal Counsel Liew Horng Bin, whilst the claimant, Verstappen, was represented by counsel S N Nair.
