
Judge Collin Lawrence Sequerah said the model’s death was caused by “persons known or unknown”.
“The coroner’s decision is now set aside. I direct the Attorney-General’s Chambers (AGC) to instruct the police to investigate the cause of her death,” he said.
Sequerah said that the coroner, in her decision, had agreed with the findings of a Dutch pathologist that Smit and her hosts, Alex Johnson and Luna Almaz, might have engaged in a struggle prior to her death.
“Despite the court agreeing with the expert witness, she returned a verdict of misadventure,” he said.
“This was inconsistent with her findings in respect to Dr Frank (van de Goot’s) evidence.”
Smit died between 6.50am and 2pm on Dec 7, 2017 at CapSquare Residences on Jalan Dang Wangi.
Coroner Mahyon Talib in her judgment earlier this year said the court found no one criminally liable for the model’s death.
Traces of Johnson’s DNA were found under Smit’s fingernails, but the court said what had happened between Smit and the couple that day could not be ascertained.
The couple claimed to have had sex with Smit before her death but maintained their innocence, saying the model died due to her own “youthful recklessness”.
They did not testify during the inquest into her death last year.
Smit’s family was represented by lawyer SN Nair, while deputy public prosecutor Kirubini Subramaniam appeared for the AGC.
Nair told reporters that the family was pleased with the court’s decision.
“I hope the police will investigate Ivana’s death as homicide,” he added.
Meanwhile, a representative from the Dutch police, Gerald van Heerwaarde, said the decision would be relayed to headquarters.
“We will see how we can assist the Malaysian police in their investigations,” he said.