Late Dutch model’s family seeks to settle suit against govt, police

Late Dutch model’s family seeks to settle suit against govt, police

Lawyer SN Nair says the family had submitted proposals for settlement twice but has never received any response from the government.

Ivana Smit
Ivana Smit, who was 18, was found dead on the sixth floor of a condominium block in Kuala Lumpur on Dec 7, 2017 after falling from a 20th-floor unit. (Instagram pic)
KUALA LUMPUR:
The family of a Dutch model who died at an apartment building here seven years ago has submitted proposals to settle its lawsuit against the police and government for alleged breaches of statutory duties and negligence in the investigation of her death.

Lawyer SN Nair, appearing for the family of the late Ivana Smit, said two proposals were submitted in 2023 and last month, but the government had not responded.

As such, the 18-day trial fixed between Oct 14 and Nov 20 before the High Court here was set to proceed.

“We are calling at least seven witnesses, including her mother (and plaintiff) Christina Caroline Gerarda Johanna Verstappen,” Nair added.

Another case management is fixed on Aug 28 to finalise the trial documents.

Smit, who was 18, was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from a unit on the 20th floor owned by American couple Alex Johnson and Luna Almazkyzy.

An inquest was held in 2018 to determine the cause of death and the coroner returned a “misadventure” verdict.

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

Verstappen then filed the lawsuit on the family’s behalf in 2020, naming the government, the police and investigating officer Faizal Abdullah as defendants.

She claimed they had failed to determine the cause of Smit’s death.

The government previously sought to quash the family’s lawsuit on the grounds that it was akin to directing the conduct of the police investigation. However, the court rejected the striking-out bid in December 2022.

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