Lawyer Sébas Diekstra told De Telegraaf that this was based on “new information” which corroborated with the findings from the second post-mortem carried out on Ivana Smit in the Netherlands.
Diekstra said pathologist Dr Frank van de Goot, who conducted the second autopsy, had previously said that he found “male DNA” in Smit’s body and felt it had likely occurred in the last hours of her life.
“In the Netherlands, you can be prosecuted if you commit sexual acts on someone who is unconscious or under reduced consciousness,” Diekstra told the daily.
Smit’s uncle Fred Agenjo, who is also the family spokesman, believes the model may not have been in control of herself nor her actions in the hours prior to her death.
“There were huge amounts of drugs found in Ivana’s body. She was no longer competent.
“If anyone still had sex with an 18-year-old girl who was in that condition, that’s not good. They should stay away from someone under such circumstances,” Agonjo was quoted as saying by De Telegraaf.
On Dec 7 last year, Smit’s nude body was found on the balcony of an apartment on the sixth floor of CapSquare Residences, off Jalan Dang Wangi, in Kuala Lumpur.
She was said to have stayed with an American and his Kazakh wife at the couple’s 20th floor unit.
It was reported that she had earlier been out drinking with the couple in Bangsar before returning with them to their apartment.
Police had originally classified the case as sudden death. Her body was kept at the Hospital Kuala Lumpur mortuary for 21 days before being flown to the Netherlands for cremation on Dec 30.
A second post-mortem by the Dutch pathologist found bruises on her upper arms, suggesting that a struggle had likely taken place before she fell over the balcony.
Her case was reopened by Dang Wangi police following claims of foul play by her family.
Kuala Lumpur police chief Mazlan Lazim was reported to have said that investigations are ongoing since the case was reopened, with police still waiting for a toxicology report.
Dutch model might have been dead before fall from balcony, says PI
Model Ivana Smit’s death definitely a murder case, says British PI