Kuala lumpur: The Attorney-General's Chambers (AGC) is set to file an appeal against the High Court's decision to deny the government's request to postpone the RM1.1 million damages payment to Ivana Esther Robert Smit's mother. This legal action stems from a lawsuit concerning the death of the Dutch model.
According to BERNAMA News Agency, Attorney-General Tan Sri Mohd Dusuki Mokhtar emphasized that the AGC has solid grounds for the appeal. "For now, we will file an application with the Court of Appeal in the near future regarding the High Court judge's decision to reject the government's application to postpone the payment of the damages," he stated when reached by reporters.
The High Court, under the directive of Judge Roz Mawar Rozain, recently mandated the government to immediately deposit the damages amount, including accrued interest, into a trust account. Christina Carolina Gerarda Johanna Verstappen, Ivana Smit's mother, filed a lawsuit against several parties, including the Inspector-General of Police, Dang Wangi Investigating Officer ASP Faizal Abdullah, the Home Minister, and the Malaysian government, citing negligence and statutory duty breaches in the investigation of her daughter's death.
The court's decision from July 29 ordered the government to compensate Verstappen with RM500,000 in general damages, RM300,000 each in aggravated and exemplary damages, alongside costs amounting to RM100,000. Additionally, Judge Roz Mawar directed the removal of ASP Faizal from the task force and instructed the Royal Malaysia Police (PDRM) to reopen the investigation into Ivana Smit's death, as per the High Court's 2019 directive overturning the Coroner's Court's decision.
The PDRM is also required to update the AGC on the investigation's progress every three months starting from the date of judgment, July 29. The AGC must assess the evidence gathered and decide on further necessary actions.
Verstappen's lawsuit, filed on November 20, 2020, claims that her daughter was found dead on the sixth floor of CapSquare Residence on December 7, 2017, after falling from a 20th-floor condominium unit owned by American couple Alex Johnson and Luna Almazkyzy. She accused the police of negligence for not securing the scene, collecting evidence, or thoroughly investigating Johnson and Almazkyzy, and for failing to ensure their presence as key witnesses during the inquest.
Initially, the Coroner's Court had ruled Ivana Smit's death as a misadventure or accident on March 18, 2019. Unsatisfied with this ruling, Verstappen appealed to the High Court, and on November 22, 2019, Judge Collin Lawrence Sequerah, now a Court of Appeal Judge, overturned the Coroner's Court's decision, attributing the death to "an unknown individual or individuals," and instructed the Attorney General to initiate a police investigation.