Mother of dutch model sues IGP, govt for negligence in probe over daughter's death
BERNAMA
25/11/2020
KUALA LUMPUR, Nov 25 -- The mother of the late Dutch model Ivana Esther Robert Smit has filed a suit against the police, the Minister of Home Affairs and the Malaysian government for alleged breach of statutory duties and negligence in the investigation to determine the cause of her daughter's death three years ago.
Ivana’s mother, Christina Carolina Gerarda Johanna Verstappen, 56, as the plaintiff, filed the suit through S.N. Nair & Partners at the Kuala Lumpur High Court yesterday, naming the Inspector-General of Police (IGP), Dang Wangi police district investigating officer ASP Faizal Abdullah, the Minister of Home Affairs and the Malaysian government as defendants.
In her statement of claim, Verstappen said her 18-year-old daughter was found dead on the sixth floor condo of CapSquare Residence in Kuala Lumpur on Dec 7, 2017 after falling from a 20th floor condo owned by American couple Alex Johnson and Luna Almazkyzy.
Verstappen said on or about the evening of Dec 7 she was informed about the death of the deceased and she then immediately flew to Kuala Lumpur from the Netherlands to verify and inquire into the same.
She said upon arrival in Malaysia on Dec 9, 2017, she was asked by the defendants to identify the deceased's body at the morgue at Hospital Kuala Lumpur (HKL), and she was also then informed by the defendants and one Sergeant Haliza (the first investigating officer) that the deceased's nude body was found on the balcony of the sixth floor condo and her daughter had committed suicide.
She added that the defendants had opened a Sudden Death Report (SDR) on Dec 7, 2017 and had proceeded to conclude the case as death caused by natural cause or suicide.
Verstappen said she could not accept the defendants and Sergeant Haliza's aforesaid conclusion as she found it highly unbelievable, incredible and incredulous and was also aghast and appalled that the defendants had only opened an SDR. Therefore, she contended that the action or omissions by the defendants were in clear breach of Standard Operating Procedures (SOP) and best practices in police investigations.
"I further found it most disturbing as to why the defendants made such a premature conclusion by treating the deceased's death and did not open their minds to consider other angles, including the criminal angle," she said in her statement of claim.
The plaintiff further said that the Attorney-General’s Chambers of Malaysia (AGC) then rightly and duly ordered an inquest to be held to determine the cause of death of the deceased and on March 8, 2019 Coroner Mahyon Talib delivered her verdict as "misadventure".
"Not being satisfied with the learned Coroner's verdict, I appealed to the Kuala Lumpur High Court and on Nov 22, 2019, the learned High Court Judge Collin Lawrence Sequerah set aside the learned Coroner's verdict and replaced the same with a verdict of ‘Death by person or persons unknown” and ordered the Attorney-General to direct the Royal Malaysia Police to begin further investigations.”
Verstappen claimed that the defendants failed or neglected to carry out their statutory duties, deliberately or otherwise, and acted in breach of their statutory duties owed to the deceased and to the plaintiff.
She contended that the police had committed negligence when they failed to cordon the crime scene or conduct proper investigation against Johnson and Almazkyzy.
“The defendants also failed to detain, extradite, and secure the duo’s attendance during the inquest as the key witnesses.The police also failed to re-investigate the case in a reasonable manner as per ordered by the High Court,” she added.
Therefore, the plaintiff is seeking a mandamus order for the first defendant, IGP, to remove the second defendant (Faizal) from the current task force to investigate the incident besides seeking a mandamus order to reopen the investigations of the case.
She is also seeking an order for the IGP, the Minister of Home Affairs and the government to issue a warrant of arrest and extradite Johnson and Almazkyzy for further questioning and possible prosecution besides seeking general damages, aggravated and exemplary damages.
Meanwhile, Verstappen's counsel Datuk S.N. Nair told reporters that the writ of summons was served to all defendants today.
The case management has been set for Nov 27 through e-review before deputy registrar Maslinda Selamat.
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