Kuala Lumpur:The Court of Appeal has overturned a previous High Court ruling that awarded RM1.1 million in damages to the mother of deceased Dutch model Ivana Esther Robert Smit, citing errors in the original trial process. The appeals were filed by the government and three other parties, challenging the High Court's decision regarding alleged negligence in the investigation into Smit's death.
According to BERNAMA News Agency, the decision was made by a panel of three judges Datuk Mohamed Zaini Mazlan, Datuk Ong Chee Kwan, and K. Muniandy. Justice Muniandy, who delivered the court's unanimous decision, annulled the High Court's July 29, 2025 judgment, which had ordered the payment of damages and other mandatory actions.
The initial High Court ruling had granted Christina Carolina Gerarda Johanna Verstappen, Smit's mother, substantial damages and mandated a reopening of the investigation into her daughter's death. The ruling also called for the removal of ASP Faizal Abdullah from the task force and required the Royal Malaysia Police to conduct progress briefings with the Attorney General's Chambers.
Justice Muniandy highlighted several legal missteps by the trial judge, including reliance on foreign evidence without cross-examination and improper application of legal principles concerning police duties and civil liability. He emphasized that law enforcement owes a general duty to the public, not a private duty of care to individual complainants.
The appellate judgement stressed that the trial judge had misapplied various legal provisions and principles, such as those related to the Police Act and the Criminal Procedure Code, and clarified that malfeasance and non-feasance are not independent causes of action in Malaysian tort law.
Despite overturning the High Court's decision, Justice Muniandy acknowledged the initial ruling's recognition of investigative lapses and underscored law enforcement's ongoing duty to thoroughly investigate Smit's death. He reiterated the importance of transparency and diligence in the investigation, emphasizing the family's right to know the truth.
No costs were ordered against Verstappen, as it was deemed contrary to justice. Verstappen's counsel expressed disappointment with the appeal outcome but accepted the decision, indicating possible further actions. Senior federal counsel Liew Horng Bin represented the appellants, and the deputy ambassador of the Netherlands was present during the proceedings.