Ex-model’s family won’t challenge decision to overturn RM1.1mil award

 Mother ends civil proceedings, but lawyer stresses the decision does not signal satisfaction with the police investigation.

Teenage Dutch model Ivana Smit was found dead at the CapSquare Residences in Kuala Lumpur on Dec 7, 2017, after allegedly falling from a condominium unit on the 20th floor. (Instagram pic)

PETALING JAYA:

The family of Ivana Smit will not challenge the appellate court’s decision to overturn a High Court ruling that awarded RM1.1 million in damages over alleged failures in the investigation into the Dutch model’s death.

Lawyer SN Nair, who represented Ivana’s mother, Christina Carolina Gerarda Johanna Verstappen, said the decision meant that the family’s civil proceedings have come to an end.

“Her family’s decision deserves respect and should not be understood as satisfaction with the investigation or acceptance that their concerns have been answered,” he said in a statement.

Today is the last day to file the leave to appeal application to the Federal Court.

SN Nair.

Nair said the Court of Appeal had ruled on Oct 14 that the police’s public duty to investigate a crime did not give rise to a private duty of care that could support this claim for damages.

He said the ruling was troubling for bereaved families as an obligation to investigate a death did not necessarily provide a remedy in a failed investigation.

“This does not confer blanket immunity upon public authorities, but places a substantial obstacle in the path of families pursuing negligence claims of this nature,” he said.

He acknowledged the courts’ responsibility to apply established legal principles, but said concerns about excessive litigation against public authorities must be balanced against the need for meaningful accountability.

He also commended the Court of Appeal for its firm oral remarks, particularly its emphasis that the decision did not exonerate past shortcomings, and that the police remained responsible for pursuing viable leads diligently and keeping the family regularly informed.

Nair clarified that these observations were made orally and were not part of a formal court order directing the police to provide updates.

“The conclusion of this civil action leaves the authorities’ investigative responsibilities intact. We call upon them to heed the court’s oral observations through sustained investigative effort and clear, regular communication with Ivana’s family,” he said.

The Court of Appeal set aside the High Court’s July 29, 2025 ruling awarding Verstappen RM1.1 million in damages, together with interest and mandatory orders.

Ivana, 18, was found dead on a sixth-floor balcony at the CapSquare Residences in Kuala Lumpur on Dec 7, 2017, having reportedly fallen from a 20th-floor unit.

The coroner’s court initially ruled her death a misadventure, but the High Court subsequently revised the finding to one of death caused by a person or persons unknown.

“The family has chosen to bring its civil litigation to a close. The authorities must continue their work to establish the truth surrounding Ivana’s death,” Nair said. - FMT