KUALA LUMPUR (Nov 13): The High Court on Thursday has ordered the government to pay RM1.1 million to the family of the late teenage Dutch model Ivana Smit.
In July this year, the High Court had ruled that the police were negligent in their original investigation into the model's death and had awarded the family RM1.1 million in damages.
However, no payment has been made by the government to the family, as the government had filed the stay application before the court.
On Thursday, judge Roz Mawar Rozain denied the government’s application to stay the payment pending an appeal at the Court of Appeal and ordered the government to deposit the sum, together with accrued interest, in the client account of the law firm representing the Smit family by today (Nov 13).
Of the RM1.1 million, Roz Mawar ordered the government to pay RM500,000 as general damages and an additional RM600,000 as aggravated and exemplary damages to the family.
The judge also ordered the government to pay the family RM8,000 in costs.
On July 29, 2025, the High Court had delivered a landmark judgement in finding the police negligent in their investigation into Smit's death. The court had ordered the police to recommence investigations and submit quarterly progress reports to the Attorney General’s Chambers (AGC).
In a statement to the media, the family’s lawyer, Datuk Sankara Nair, expressed grave concern over what he described as the Royal Malaysian Police’s “continued failure” to comply with a High Court directive to reopen and reinvestigate Smit’s death.
Smit’s body was found at CapSquare Residences, Kuala Lumpur, on Dec 7, 2017, under what the court had previously described as “highly suspicious circumstances”.
In a strongly worded statement, Sankara said the police’s lack of action amounted to “a fundamental breach of the rule of law and of the public’s trust in law enforcement institutions”.
He reiterated that the July 29 landmark judgement had found the police to be negligent in their original investigation.
“Despite the clarity of the court’s order, it has now emerged that no meaningful reinvestigation has been undertaken, and that the directives of the court have been ignored,” Sankara said.
“Such blatant non-compliance amounts not only to contempt of court but also represents a serious institutional failure,” the lawyer said.
Roz Mawar in her judgement on Thursday also ordered the government and the police to investigate the matter and brief the family every three months.
Previously, she had issued a mandamus order in her judgement, requiring the police to reopen the investigation into Smit’s death.
The chronology of the case highlights repeated failures:
- 2017: Smit’s body is discovered under suspicious circumstances after a fall from her condominium.
- 2019: The High Court, overturning the coroner’s “misadventure” ruling, declares that her death was caused by a person or persons unknown, and orders the investigation to be reopened.
- 2025: The High Court reaffirms previous findings, holding the inspector general of police (IGP), Dang Wangi investigating officer Assistant Superintendent Faizal Abdullah, the home minister, and the government of Malaysia liable in negligence, and issues a mandamus order compelling the authorities to do an immediate reinvestigation.
"Yet, eight years later, the Smit family continues to wait — without closure, without transparency, and without justice," Sankara said.
Sankara called the police's failure to act on a binding judicial order "indefensible", claiming that it raised "legitimate concerns that certain parties may be shielded from scrutiny, or that the matter has been deliberately neglected to avoid accountability".
He urged the IGP to publicly explain what investigative steps had been taken since the High Court's July 2025 judgement, and to provide a transparent update on the status of the reinvestigation.
He also called on the home minister to ensure full compliance with the court's orders and to take disciplinary action against any officers responsible for dereliction of duty.
Additionally, Sankara urged the AGC to confirm whether the required quarterly reports had been submitted — and if not, to initiate enforcement or contempt proceedings against those responsible.
“This case is not only about a mother’s search for truth; it is about the integrity of Malaysia’s justice system,” Sankara said.
“The continued silence and inaction by the authorities undermine the very foundation of the rule of law. Justice delayed is justice denied.
“Ivana’s family, and the Malaysian public, deserve accountability, not excuses. The police must be held to the same standard of obedience to the law as every citizen. No one is above the court, and no one is beyond the reach of justice,” said Sankara.