Court of Appeal overturns RM1.1m damages award to Ivana Smit’s mother

The Court of Appeal has overturned a High Court decision that ordered the government to pay RM1.1 million in damages to the mother of Dutch model Ivana Smit over alleged negligence in the investigation into her daughter’s death. The three-judge panel unanimously allowed the government’s appeal, ruling that police do not owe a private law duty of care to individual complainants or their relatives when deciding how an investigation should be conducted.

The High Court had awarded Ivana’s mother, Christina Carolina Gerarda Johanna Verstappen, RM500,000 in general damages, RM300,000 in aggravated damages, and RM300,000 in exemplary damages, in addition to ordering the police to remove an investigating officer, reopen the investigation, and submit progress reports. The Court of Appeal set aside these damages, interest, and orders, noting that the High Court had erred in treating negligence and misconduct as independent grounds for liability without establishing the legal requirements for holding public authorities responsible.

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