THE Kuala Lumpur High Court today dismissed out a bid by the government and police to strike out on a suit filed by the mother of Ivana Esther Robert Smit over the 2017 death of the Dutch model.

Judicial commissioner Roz Mawar Rozain said case will go to trial.

“The court is of the opinion that there are serious questions of law, issues to be tried,” she said.

The court ordered the government to pay the plaintiff RM5,000 in costs and set case management for December 14.

Lawyer S. N. Nair acted for Christina Carolina Gerarda Johanna Verstappen.
 
Verstappen filed suit over the authorities’ alleged shoddy and negligent investigation into the death of her 18-year-old daughter, whose body was discovered in December 2, 2017 on a sixth-floor balcony in The CapSquare Residences in Kuala Lumpur.
 
She had fallen from a unit on the 20th floor owned by American couple Alex Johnson and Luna Almazkyzy.

In the inquest, the coroner’s court returned a verdict of death by misadventure.

However, upon revision by the High Court, justice Collin Lawrence Sequerah ruled that Smit’s death was caused by “persons known or unknown”.

In 2020, Verstappen filed suit against the inspector-general of police, Dang Wangi investigating officer Faizal Abdullah, the home minister and the government for alleged breach of statutory duties and negligence in the investigation to determine the cause of her daughter’s death.

In 2021, the High Court struck out Verstappen’s suit on grounds that the statement of claim did not comply with order 18, rule 7 of Rules of Court 2012 but the suit was reinstated upon appeal. – December 7, 2022.