The Malaysian government has appealed a High Court decision that found police negligent in handling the death of Dutch teenager and model Ivana Esther Robert Smit.
Ivana Smit, who was 18 at the time, died in Kuala Lumpur on December 7, 2017. She had been at the home of an American couple before falling from the 20th floor of CapSquare Residence off Jalan Dang Wangi.
Her remains were discovered on a sixth-floor balcony of the condominium.
A notice of appeal was filed by the Attorney‑General’s Chambers on Monday, August 18, 2025.
Timeline of Events
Smit’s case has gone through many legal steps over nearly eight years:
- December 2017: The teenager fell from the 20th floor of CapSquare Residence, and her body was found several floors below on a balcony.
- In March 2018, the American couple she had last been with, Alexander William Johnson and Luna Almazkyzy, were charged under the Dangerous Drugs Act for using narcotics. They later left Malaysia after the proceedings.
- August 2018: An inquest into her death began in Kuala Lumpur, and 22 witnesses were called.
- March 2019: The Coroner’s Court ruled her death a “misadventure,” meaning it was considered accidental.
- March 2019: Unhappy with the verdict, her mother, Christina Carolina Gerarda Johanna Verstappen, appealed at the High Court.
- November 2019: The High Court set aside the misadventure finding and recorded the cause as “death by a person or persons unknown.” Police were told to reopen the investigation.
- By November 2020, Verstappen had taken legal action against the Inspector-General of Police, investigating officer ASP Faizal Abdullah, the Home Minister, and the Malaysian government, accusing them of negligence.
- July 29, 2025: The High Court awarded Verstappen RM1.1 million (approx. S$335,336.25) in damages and ordered police to restart the investigation with updates to the AGC every three months.
- August 18, 2025: The government filed an appeal against the ruling.
Background: Court Found Police at Fault
On July 29, Judge Roz Mawar Rozain pointed to serious shortcomings in how police managed the scene, safeguarded evidence, and questioned witnesses and suspects.
She ruled these amounted to negligence, Malay Mail reported.
Damages were set at:
- RM500,000 (approx. S$152,430.76) in general damages,
- RM300,000 (approx. S$91,450) in aggravated damages,
- RM300,000 (approx. S$91,450) in exemplary damages,
- with RM100,000 (approx. S$30,483) in costs.
The judge also ordered ASP Faizal to be removed from the task force and directed police to resume the investigation with updates to the AGC every three months.
DNA Evidence and Missed Opportunities
A key issue was forensic evidence.
A forensic analysis dated February 8, 2018, detected Alex Johnson’s DNA beneath Smit’s fingernails, yet both Johnson and Luna Almazkyzy were permitted to leave Malaysia on March 29 of that year.
The judge said this reflected a fundamental breakdown in investigative procedures and noted no immediate steps were taken to detain suspects before their departure.
The Government Pushes Back
The appeal was filed on behalf of the Inspector‑General of Police, ASP Faizal, the Home Minister, and the government, Free Malaysia Today reported.
Family lawyer SN Nair confirmed the filing and said his firm will keep defending the High Court’s decision, stressing a transparent and vigorous pursuit of justice.
It is also reported that Justice Roz Mawar said the investigating officer had arbitrarily classified Smit’s death as suicide despite circumstantial evidence suggesting the possibility of homicide.
What Happens Next
With the appeal lodged, the case returns to court.
For Smit’s mother, who has been seeking answers since 2017, the legal fight continues as the government challenges the negligence ruling.
Watch the chronology here.
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