It’s final: Dutch model Ivana Smit’s mother stops pursuing lawsuit against govt over probe of 2017 death

Dutch model Ivana Smit, 18, was found dead on the sixth floor of a Kuala Lumpur condominium in 2017. — File picture from Instagram/Ivana Smit

By Ida Lim

First Published: Friday, 13 Nov 2026 7:00 PM MYT

KUALA LUMPUR, Nov 13 — The late Dutch model Ivana Smit’s family has decided to not continue pursuing a lawsuit against the Malaysian government at the Federal Court over alleged negligence in a probe of her 2017 death, the family’s lawyer Datuk Sankara Nair confirmed today.

This brings Smit’s family’s six-year legal bid in court to an end, but Sankara said the authorities should continue to investigate her death and to regularly communicate with her family.

“Ivana’s family has decided not to seek leave to appeal to the Federal Court against the Court of Appeal’s decision of October 14, 2026. Accordingly, these civil proceedings have come to an end.

“Their decision deserves respect and should not be understood as satisfaction with the investigation or acceptance that their concerns have been answered,” he said in a statement today.

Tomorrow would be the last day to file for leave to appeal the Court of Appeal’s October 14 decision, and not filing for it would mean the family is not pursuing the lawsuit.

The Court of Appeal decision was not in Smit’s family’s favour.

But Sankara today also commended the Court of Appeal for its “firm, emphatic and stern” verbal remarks when delivering its decision on October 14, where it cautioned that this does not exonerate past shortcomings and emphasised the police’s continuing responsibility to pursue viable leads diligently and keep the family regularly informed.

He made it clear that the court had made these observations orally, and that this was not part of a formal or written order that directed the police to give updates to Smit’s family.

“The conclusion of this civil action leaves the authorities’ investigative responsibilities intact. We call upon them to heed the Court’s oral observations through sustained investigative effort and clear, regular communication with Ivana’s family.

“The family has chosen to bring its civil litigation to a close. The authorities must continue their work towards establishing the truth surrounding Ivana’s death,” he concluded in the statement.

Tomorrow would be the last day to file for leave to appeal the Court of Appeal’s October 14 decision, and not filing for it would mean the family is not pursuing the lawsuit. — Picture by Raymond Manuel

What happened before this

On December 7, 2017, 18-year-old Smit was found nude and dead on the sixth floor of CapSquare Residence, a condominium off Jalan Dang Wangi in Kuala Lumpur, after having fallen from a unit on the 20th floor.

The Coroner’s Court on March 18, 2019 in an inquest found that Smit’s death was caused by a “misadventure”.

But the High Court on November 22, 2019 replaced the inquest findings by saying that Smit’s death was caused by “a person or persons unknown”, and ordered the police to start investigations again.

In November 2020, Smit’s mother Christina Carolina Gerarda Johanna Verstappen filed a civil suit against the inspector-general of police, Dang Wangi investigating officer ASP Faizal Abdullah, the home minister, and the Malaysian government over alleged breach of duties and negligence in investigating the cause of her daughter’s 2017 death.

On July 29, 2025, the High Court ordered all those sued to pay RM1.1 million compensation, and declared the police as having failed to carry out their duties to restart investigations as ordered in 2019.

Also on July 29, 2025, the High Court issued a court order known as a “mandamus order”, which included ordering the police to restart investigations on Smit’s death and to brief the Attorney General’s Chambers every three months with updates on the investigation.

On October 14, 2026, the Court of Appeal set aside the High Court’s decision, including the RM1.1 million award.

Among other things, the Court of Appeal reportedly ruled that the police’s public duty to investigate crime does not give rise to a private duty of care that would result in compensation to individual victims or their relatives for perceived investigation failures.

The Court of Appeal had also ruled that the decisions from the inquest and the 2019 criminal revision at the High Court could not by themselves establish civil liability in a separate case, Sankara said today.

In his statement today, Sankara also said the Court of Appeal’s October 14 decision does not mean that public authorities would have blanket immunity, but said it is a “substantial obstacle” for families who are pursuing such court claims over alleged negligence in investigations of deaths.

“We respectfully recognise the courts’ responsibility to apply established legal principles. Nevertheless, concerns about exposing public authorities to excessive litigation must be weighed against the need for meaningful accountability.

“A public duty must carry practical substance for the people it exists to protect. Where the law restricts civil redress, the case for effective independent oversight and legislative consideration becomes all the more pressing and compelling,” he said in the same statement.