
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.