PUTRAJAYA: The family of Dutch model Ivana Smit will not appeal a ruling overturning a RM1.1 million damages award over alleged police negligence in the investigation into her death.
The family’s lawyer, Datuk Sankara Nair, said it would not seek leave to appeal to the Federal Court against the Court of Appeal’s decision in October, bringing the civil proceedings to an end.
However, he said the decision should not be interpreted as the family being satisfied with the police investigation or believing that its concerns had been addressed.
“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.
In October, the Court of Appeal set aside a High Court ruling ordering 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 appellate court also ruled that findings from earlier inquest and criminal revision proceedings could not, on their own, establish civil liability in a separate trial.
Sankara said the ruling raised concerns about the legal remedies available to families who believed investigations into the deaths of their loved ones had been mishandled.
“The implication is troubling for bereaved families: a legal obligation to investigate a death does not necessarily provide those most directly affected with a remedy in damages when that investigation is alleged to have failed.”
He said that while the ruling did not grant blanket immunity to public authorities, it created a substantial obstacle for families seeking damages over alleged investigative negligence.
He also called for stronger independent oversight and legislative consideration to ensure accountability when civil remedies were restricted.
Sankara welcomed the Court of Appeal’s stern oral remarks when delivering its decision, particularly its reminder that the ruling did not absolve the police of past shortcomings.
He said the court had emphasised the police’s continuing responsibility to pursue viable leads diligently and keep Smit’s family regularly informed of developments.
However, these observations were made orally and did not form part of a formal court order requiring the authorities to provide updates.
“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.”
Smit, 18, was found dead on the balcony of a sixth-floor unit at CapSquare Residence here on Dec 7, 2017, after she was believed to have fallen from a condominium unit on the 20th floor.
Police initially classified the case as sudden death before a coroner ruled in March 2019 that her death was due to misadventure.
In November 2019, the High Court overturned the coroner’s findings and ruled that her death was caused by persons known or unknown.