KUALA LUMPUR – The Court of Appeal today allowed the government’s application for a stay of execution concerning the payment of RM1.1 million in 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 to grant a stay of the High Court’s decision of July 29, which was 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,” Bernama quoted Judge Mohamed Zaini saying.
Justice Mohamed Zaini, who presided with Justices Datuk Ismail Brahim and Datuk Dr Lim Hock Leng, noted that 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 requiring immediate payment may give rise to 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.
He held that preserving the status quo regarding the awarded damages would not prejudice the respondent, Verstappen, and that a refusal to grant a stay could result in consequences that are not easily remedied or are irreversible.
He further 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,” he said, directing the Court of Appeal Registry to fix an early hearing date.
Negligence in investigations
The respondent, 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 Verstappen 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 the death of Ivana Smit, as had been previously ordered by the High Court in 2019, thereby setting aside the decision of the Coroner’s Court.
The court also found there had been a breach of the duty of care, citing serious failures in crime scene management, forensic procedure, and the preservation of evidence in what it said was a matter of public interest.
The civil suit, filed by Verstappen, stemmed from the discovery of her 18-year-old daughter’s body on the sixth floor of Cap Square Residence in Kuala Lumpur on 7 December 2017. She is believed to have fallen from the 20th floor unit occupied by American couple Alex Johnson and Luna Almazkyzy.
Following a judicial review, the high court in November 2019 ruled that Smit’s death was caused by “a known or unknown individual”.
In the proceedings before the Court of Appeal today, the government was represented by Senior Federal Counsel Liew Horng Bin, whilst the claimant, Verstappen, was represented by counsel S N Nair.– November 18, 2025