PUTRAJAYA, Nov 18 — The Court of Appeal has allowed the government's application for a stay of execution of the RM1.1 million damages awarded to the mother of the late Dutch model Ivana Esther Robert Smit.
A three-member bench led by Justice Datuk Mohamed Zaini Mazlan ruled that the government had demonstrated special circumstances warranting a stay of the High Court's July 29 decision in favour of Christina Carolina Gerarda Johanna Verstappen, pending the disposal of its appeal.
“We are satisfied that there is a real risk that the appeal will be compromised if the appellant (the government) is compelled to comply with the mandatory orders set out in the High Court's judgment,” he said.
Justice Zaini, who presided with Justices Datuk Ismail Brahim and Datuk Lim Hock Leng, said the High Court had directed the damages to be paid immediately into the stakeholder account of Verstappen’s solicitors.
However, the government explained that its payment processes were not straightforward and that requiring immediate payment could pose practical difficulties.
“We note that there is no real risk of non-payment,” he said, adding that the government would be able to satisfy the judgment should its appeal fail.
Justice Zaini held that preserving the status quo regarding the awarded damages would not prejudice the respondent and that a refusal to grant a stay could result in consequences that are not easily remedied or are irreversible.
He observed that at first glance, the government's appeal appeared to possess merit, noting that there are arguable points to be advanced before the Court of Appeal concerning the mandatory orders granted by the High Court.
“The execution of the High Court's judgment dated July 29, 2025, is stayed pending the disposal of the appeal,” Justice Zaini said, directing the Court of Appeal Registry to fix an early hearing date.
Verstappen had initiated proceedings against the Inspector-General of Police (IGP), Dang Wangi investigating officer ASP Faizal Abdullah, the Home Minister, and the government of Malaysia, alleging negligence and breach of statutory duties in the conduct of the investigation into her daughter's death.
On July 29, the High Court ordered the government to pay her the sum of RM500,000 in general damages, RM300,000 in aggravated damages, RM300,000 in exemplary damages, and RM100,000 in costs.
The High Court further ordered the IGP to remove Faizal from the current task force and directed the Royal Malaysia Police (PDRM) to recommence the investigation into Ivana's death, as had been previously ordered by the High Court in 2019, thereby setting aside the decision of the Coroner's Court.
PDRM was further directed to provide a briefing to the Attorney-General's Chambers (AGC) at three-month intervals on the progress of the investigation.
The AGC is tasked with assessing whether sufficient evidence has been adduced and determining any subsequent action to be taken.
Verstappen filed the suit on November 20, 2020, alleging that her daughter was found deceased on the sixth floor of CapSquare Residence on December 7, 2017, having fallen from the 20th-floor condominium unit occupied by American couple Alex Johnson and Luna Almazkyzy.
The claimant averred that the police were negligent in their duties, specifically in failing to seal the incident scene, to seize the victim's personal belongings, to collect pertinent evidence, and to conduct a proper investigation into Johnson and Almazkyzy.
It was further alleged that they failed to arrest, extradite, and secure the attendance of both individuals as key witnesses during the coroner's inquest.
On March 18, 2019, the Coroner’s Court returned a verdict of misadventure in relation to Ivana’s death. The claimant, being dissatisfied with this finding, filed an appeal at the High Court.
On November 22, 2019, Justice Collin Lawrence Sequerah (now a Court of Appeal judge) allowed the appeal, set aside the Coroner’s verdict and found that Ivana’s death was caused by "an unknown individual or individuals." He consequently directed the Attorney-General to instruct the police to commence a fresh investigation.
The government filed a notice of appeal on August 18 this year, concurrently applying for a stay of execution of the High Court’s decision.
However, this application was dismissed by the High Court on Thursday (November 13). The government subsequently filed a fresh application for a stay with the Court of Appeal.
In today's proceedings, the government was represented by Senior Federal counsel Liew Horng Bin, whilst the claimant was represented by counsel S N Nair.
