Justice Roz Mawar Rozain issued the order after allowing Smit’s family’s lawsuit against the police and government for breach of duty and negligence in their probe of the case.
“The public prosecutor is the best person to deliberate if any next steps need to be taken.
“The investigation is to recommence as per the 2019 High Court ruling,” she said.
The court also ordered that Faizal Abdullah be removed from the task force probing the Dutch teen model’s death in 2017.
Earlier today, the court held the government and police liable for negligence and breach of statutory duties.
It ordered the government to pay RM1.1 million in damages.
Smit was found dead on the sixth floor of CapSquare Residence on Dec 7, 2017, after falling from a unit on the 20th floor.
In her judgment, Roz Mawar said that the initial investigation conducted by Faizal, the investigating officer, revealed a series of failures, incompetency, and disregard for due process.
She said Faizal failed to collect evidence from the unit belonging to couple Alex Johnson and Luna Almaz. He also failed to look into the “footprints” found on the balcony and improperly handled the two suspects.
Roz Mawar added that while in custody, Alex and Luna had their mobile phones with them.
“They called the maid to clean up the home, where crucial evidence was removed,” she said.
The judge also noted that Faizal had admitted in his testimony that the Interpol blue notice against Alex and Luna was “not effective“.
She said Faizal also claimed in court that he recorded statements from witnesses, revisited the crime scene, and briefed the Dutch embassy about Smit’s case.
“But no documentary evidence was tendered to show that he actually did what he said,” Roz Mawar added.
Lawyer SN Nair, Wong Guo Jin, and L Narendran represented the Smit family while senior federal counsel Nur Ezdiani Roleb appeared for the government and police.
Nair later told reporters that the family felt vindicated by the decision.
“This is a case that emphasised that there is a need for police accountability,” he added.
Dutch ambassador Jacques Werner was present for the decision.