Settlement fails, suit by Dutch model’s family set for October trial

Settlement fails, suit by Dutch model’s family set for October trial

Federal counsel informs the court that the government and police could not agree to proposals made by Ivana Smit's family during mediation.

ivana smit
Ivana Smit, 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 lawsuit filed by teen Dutch model Ivana Smit’s family against the police and government alleging breaches of statutory duties and negligence in their investigations into her death seven years ago will go to trial in the High Court next month.

Federal counsel Anis Najwa Nazari said proposals made by Smit’s family during mediation of the case were not acceptable to the police and the government.

“Our instructions are to proceed with trial on Oct 14,” she said.

Lawyer SN Nair, appearing for Smit’s family, said they will call seven witnesses, including the model’s mother, Christina Caroline Gerarda Johanna Verstappen.

He said Verstappen and two other witnesses will be giving evidence via Zoom from Amsterdam in the Netherlands.

Anis said the government, police and investigating officer Faizal Abdullah, named as defendants in the suit, will call two witnesses.

Judicial commissioner Roz Mawar Rozain reminded both parties that their witness statements must be filed by tomorrow.

In August, FMT reported that the government and the police had agreed to mediate the case, which was subsequently referred to the court’s mediation centre.

Ivana, 18, was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from a unit on the 20th floor.

An inquest held in 2018 determined her death to be a “misadventure”.

However, in revision proceedings before the High Court, Justice Collin Lawrence Sequerah ruled that Smit’s death had been caused by “persons known or unknown”.

Verstappen filed the lawsuit on the family’s behalf in 2020, claiming that the defendants had failed to determine the cause of death.

The government previously applied to quash the family’s lawsuit, contending that it was akin to directing the conduct of the police investigations. However, the court dismissed the striking-out application in December 2022.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.