The family of a young Dutch model who tragically fell to her death in Kuala Lumpur has won a significant legal victory after a Malaysian High Court ruled that authorities had mishandled the investigation. The court ordered the Malaysian government and three other parties to pay a total of RM1.1 million (S$332,000) in damages for negligence.
The case revolves around Ivana Smit, an 18-year-old Dutch national whose body was found on the sixth-floor balcony of CapSquare Residence in December 2017. Initially ruled as a “misadventure”, her death sparked widespread public outcry and calls for a deeper probe. Her mother, Kristina Carolina, filed a civil lawsuit in 2020, naming the national police chief, investigating officer Faizal Abdullah, the Home Minister, and the government as defendants.
High Court Slams Authorities Over Investigative Failures
Justice Roz Mawar, presiding over the case, highlighted a disturbing pattern of failure, citing the authorities’ lack of professionalism, disregard for standard operating procedures, and inability to conduct a thorough inquiry. “In a functioning justice system, the unexplained death of an 18-year-old should have triggered the most rigorous investigation. Instead, the response was marred by incompetence and neglect,” she stated in her verdict.
The court awarded RM500,000 in general damages for emotional distress and financial burdens borne by the mother, RM300,000 in punitive damages for the investigation’s mishandling, and another RM300,000 in exemplary damages aimed at deterring future misconduct by public officials.
Officials Failed to Question Key Witnesses
A core point of contention was the authorities’ failure to properly investigate the American couple—residents of the apartment from which Ivana fell. Despite being last seen with her, no formal case was opened against them, and they were not detained for questioning.
In 2019, a High Court overruled the original coroner’s finding of accidental death, concluding instead that she had likely died due to actions by “persons known or unknown.” The ruling demanded a renewed police investigation, which has yet to yield public results.
Judicial Negligence Raises Public Concern
This landmark ruling underscores the importance of accountability in wrongful death cases and highlights systemic issues in law enforcement. While the judgment does not criticise the police force as a whole, it exposes institutional failures that require urgent reforms.
For grieving families, such compensation may never fill the void left behind, but it does send a clear message: negligence in investigations will no longer go unpunished.