Murder probe launched into death of model who fell 60 metres from balcony after threesome with Bitcoin tycoon and wife
Ivana Smit, 18, was found naked on the sixth floor balcony of a high rise in Malaysian capital Kuala Lumpur in December 2017.
She is believed to have fallen from a 20th-floor apartment owned by Bitcoin tycoon Alexander Amado Johnson, 45, and wife, Luna, 32.
The couple admit to having had a threesome with Ivana on the night she died but deny any involvement in her death, and say they were asleep at the time of her fall.
Cops had originally dismissed the Dutch model's death as an accident caused by a drug overdose.
But judges gave her grieving mum, Christina Verstappen, permission to set aside a police verdict of 'sudden death' and sue investigators for negligence.
Now the investigation into the Malaysian police file has revealed a shocking catalogue of errors.
Police at first apparently failed to harvest DNA evidence from Ivana's body to see if anyone else had been involved in the tragic plunge.
Then, when they did find DNA belonging to Johnson under Ivana's fingernails two months later, it sat on file without any action.
Cops even allowed Johnson and Almazkyzy to flee the country a month later without any attempt to reinterview them, the High Court in Kuala Lumpur heard.
Now police and prosecutors have been ordered to reopen the investigation and pay Ivana's mother compensation and costs for her fight for justice.
A verdict on 29th July awarded the heartbroken mum nearly AU$410,000 in compensation for police negligence.
Christina had sued Inspector-General of Police Dang Wangi, investigating officer ASP Faizal Abdullah, the government Home Minister, and the Malaysian government.
She said they had all failed in their statutory duties and had been negligent in their investigation into what caused her daughter's death.
The judge also ordered that Abdullah be removed from the task force reinvestigating the case.
Judge Roz Mawar Rozain said: 'There were evidence preservation failures. There was inadequate witness and suspect handling.
'There was forensic evidence of neglect, and there was expert evidence of dismissal.
'The plaintiff is a direct victim, has suffered harm, and that harm suffered by the plaintiff is the direct and foreseeable consequence of the defendants' breach of duty.'
She added: 'This sequence of events reflects a fundamental breakdown in investigative procedures.
'The presence of DNA evidence linking a suspect to the deceased, especially under such suspicious circumstances, should have triggered prompt and decisive action to prevent the suspect from leaving the jurisdiction.'
A post-mortem at the time found Ivana to have cocaine, alcohol, and an amphetamine called PMMA in her blood.
The couple denied having given Smit drugs or taking any themselves on the night that she died.
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News.com.au
7 hours ago
- News.com.au
Bali shooting suspects moved to notorious Kerobokan Prison
The suspects in an alleged shooting murder of a Melbourne man in Bali have been transferred to the island's most notorious prison as police weigh formal charges. Australians Darcy Jensen, 27, Mevlut Coskun, 22, and Paea I Middlemore Tupou, 26, are being held over the June 13 death of Zivan 'Stipe' Radmanovic Radmanovic's friend, Sanar Ghanim, was also shot when gunmen stormed their a villa near Munggu Beach but survived. Police previously revealed they would allege Sydney plumber Mr Jenson organised getaway vehicles and equipment while Mr Tupou and Mr Coskun carried out the attacks. The trio – dubbed the Bali 3 – were forced into a re-enactment by local police on Wednesday, and they were pictured wearing orange shirts with balaclavas and signs reading 'suspect 1', 'suspect 2' and 'suspect 3'. Badung Police chief Arif Batubara said after the re-enactments, the men were taken to Bali's largest prison, which has previously held high-profile inmates such as members of the Bali Bombers, Bali 9 and Schapelle Corby. 'After the reconstruction process ran smoothly and as planned, we hand over or detain the three suspects at Kerobokan Prison for further detention process,' he said. No charges have been laid, but police are reported to be considering charges of premeditated murder, which can carry the death penalty in Indonesia. Mr Coskun told 7News as he was being escorted from the re-enactment that he was 'not guilty' and would fight any charges. Asked what the conditions were like in custody, he replied 'terrible'. Police said last week's re-enactment was conducted to 'clarify each suspect's role in the incident, which resulted in serious injuries, and as part of the ongoing investigation'. The shooting has been linked to tensions in Melbourne's underworld and has been described as 'well organised' by Balinese police. 'We are certain these three are the perpetrators. They are Australian nationals according to their passports,' Bali Police Chief Daniel Adityajaya said.
ABC News
10 hours ago
- ABC News
Finding backpacker's remains 'not impossible' decades after outback murder
Decades after his murder, the search for British backpacker Peter Falconio is not over. Investigators had long hoped the man convicted of fatally shooting the 28-year-old and assaulting his girlfriend would reveal the location of his remains. Those hopes were extinguished when Bradley John Murdoch died of terminal throat cancer in an Alice Springs Hospital earlier this month. But, a cold case forensics expert tells the ABC, that is not enough to quash the goal of finding Peter's remains and delivering answers to his family. "I think the biggest challenge is with where Peter was killed, [because] it is so remote,' says Angela Williamson, a University of Queensland graduate. Dr Williamson now works to solve cold cases, having previously managed major forensic programs for the US Department of Justice and at America's largest private forensic DNA laboratory. She has worked on multiple high-profile cases, from the abduction of Daniel Morcombe to identifying Samuel Little, the most prolific serial killer in American history. She has also worked with the US National Center for Missing and Exploited Children and oversaw the Sexual Assault Kit Initiative, a program focused on untested DNA samples taken from sexual assault victims. "How many stories do you read where someone was out walking their dog or running and they find a body?" she says. "It's actually really common over here. That's how a lot of older cases are solved, or when there's construction, digging. By July 2001, Peter Falconio and 27-year-old Joanne Lees had been together for several years. Their arrival in Sydney in January 2001 marked the latest stop on a world trip celebrating Falconio's university graduation. There, they purchased an orange Kombi van and set off. Their route would have taken them through Canberra, Melbourne, Adelaide, Alice Springs and on to Darwin, according to court documents. From there, they planned to go to Cairns, Brisbane and New Zealand. Almost three weeks into the trip on July 14, they left Alice Springs and headed north on the Stuart Highway. They stopped to watch the sunset at Ti-Tree, the next town on their journey, 193 kilometres away. About 8pm they noticed another vehicle was following them — the driver, later identified as Murdoch, motioned for them to pull over. Falconio did so, got out, and walked to the rear of the car, and spoke to Murdoch, who said he had seen sparks coming from the exhaust. Falconio came back, asked Ms Lees to rev the engine, and returned to the rear. Ms Lees heard a bang, "like a car backfiring". Peter Falconio was never seen again. Bradley John Murdoch was later convicted and sentenced to life in prison for the murder of Mr Falconio and the attempted kidnapping of Ms Lees. Despite repeated appeals for information and attempts to elicit information from Murdoch, he died without ever revealing where Peter Falconio was left. In 2005, a court heard he had put Mr Falconio's body into his ute before dumping it somewhere between Alice Springs and Broome. The Northern Territory Police Force has announced a $500,000 reward for any tip that leads to the recovery of his remains. "[We remain] committed to resolving this final piece of the investigation," they said in a statement announcing Murdoch's death. The next question for investigators, Dr Williamson says, concerns how the body was disposed of. "Was it what we call a surface deposit? Was he literally just dumped somewhere?" she says. "Then you have the harsh Australian sun, which will weather the bones. You could have … animal predation and the scattering of remains, which could be a factor as well. "Now if he's buried, that could be harder because, it's my understanding that [Murdoch] drove from the abduction site all the way back to Broome. Police searched the area where the Kombi van stopped, to no avail. Murdoch took the van with him when he fled the scene following Ms Lees making a run for it and hiding in scrubland. The next morning, it was found a kilometre south along the Stuart Highway, parked "about 104 metres, or a little further, off the road". There was no blood inside. DNA samples were found on the gearstick which were linked to Murdoch. After leaving the van, according to court documents, Murdoch drove to a truck stop in Alice Springs. A CCTV camera showed him arriving at 12.38am and leaving at 12.50am. He then drove to Broome, where he told a friend he had taken a "route which did not take him in the vicinity" of either Alice Springs or where the attack occurred. "The police … will generally have very good intelligence on [Murdoch]," Dr Williamson says. "Knowing his lifestyle, and then talking to … family members, friends or associates, where did he frequently drive to and from? "Did he have a favourite place he liked to go fishing, or did he go shooting? Were there [areas] he would travel to frequently? "And those would be the areas you would look at first." Friends of Murdoch in court described him changing his appearance after returning to Broome, suddenly "completely clean-shaven". Other acquaintances said the appearance of his vehicle also changed in that time. Unveiling the increased reward earlier this year, Acting Commander Mark Grieve said police believed some might still have information. "There may be someone out there that he's confided in — whether that's family and friends — we just don't know," he said. At the time, Murdoch was in palliative care in Alice Springs Hospital, having been diagnosed with throat cancer in 2019. The confidence police have shown in the likelihood of finding Mr Falconio, Dr Williamson says, may mean they have "a lot more information" than what has been made public. "I think back to the Daniel Morcombe case … it almost seemed like a needle in a haystack," she says. Thirteen-year-old Daniel Morcombe disappeared from a bus stop on the Sunshine Coast in December 2003. His remains were found in a rugged area of the Glass House Mountains in 2011, when searchers crawled on their hands and knees in dirt and mud. "But they had enough information to know where they needed to search," Dr Williamson says. "And even though that area had flooded, they were still able to find some of Daniel's remains. "So there's usually a lot more information that the police are privy to than what's released. "It's telling people who maybe know a little bit more … we're not going to stop searching. "If you have a hunch that someone helped him move Peter's body … [so] are they working that angle? "Are they trying to see if they can broker a deal with that individual? "So you don't know those inner workings, and the public is like, we need to know this. Why? If you're not working the case, you do not." In a statement to the ABC, Mr Falconio's parents, Luciano and Joan Falconio, spoke of a "weight" being lifted after hearing of Murdoch's death. "[Our] family's future with Peter was cruelly taken away," they said. "We didn't have much faith, but we were hoping Bradley John Murdoch would reveal where Peter was before he died. "But even now we still hold out hope that his remains will be found." While court documents referenced a need for "closure" for both Ms Lees and the Falconio family, Dr Williamson warned against using those terms. "I am always hesitant to use the word closure," she says. "Even when you find someone's body or you convict someone for killing that individual, is that closure? 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News.com.au
12 hours ago
- News.com.au
New campaign for probe into 2012 death of gold prospector Bruce Schuler
Serious concerns linger over the evidence used to convict a husband and wife of murder on a remote Queensland property 13 years ago, as they face dying behind bars. Dianne Wilson-Struber and Stephen Struber were found guilty at trial of killing gold prospector Bruce Schuler, 48, at the couple's giant Cape York leasehold in July 2012. Mr Schuler's body has never been found, but police alleged in a circumstantial case that he was shot dead by the Strubers before they hid his remains. Both Dianne and Stephen maintain they had nothing to do with Mr Schuler's disappearance and their case led to the introduction of 'no body, no parole' laws in the Sunshine State. Retired detective Graeme Crowley, who wrote a book and made a podcast about the investigation and trial, said 140 'discrepancies' he has identified led him to believe the wrong people might be in jail. 'There are there are serious concerns with the investigation, there are serious concerns with the evidence, there are serious concerns with the way the prosecutor presented the evidence,' he told 'So if you accept any or all of those, then likely they didn't commit this murder.' Family of Ms Wilson-Struber in March launched a petition to the Queensland government for a long-awaited inquest to be held into Mr Schuler's disappearance. Petition author Sharon Ferguson wrote that the inquest would enable legal teams currently investigating the case to test evidence brought against her sister, Dianne. But Mr Schuler's widower, Fiona Splitt, has condemned the campaign and says the only mystery is the location of her husband's body. No body, no weapons Mr Schuler disappeared from Palmerville Station, a property twice the size of Singapore, after camping there overnight with his dog Red and three prospecting friends on July 8, 2012. They did not have permission to be on the land, and the Queensland Supreme Court heard Struber had confronted one of the party for trespassing a week earlier. On the morning of July 9, Mr Schuler's companions reported hearing two gunshots ring out 10 to 15 minutes apart coming from the direction he was last seen. They later gave evidence at trial of seeing a car belonging to the Strubers driving toward a key crime scene. After searching for Mr Schuler, his friends reported him missing to police that night. Police arrived the next morning to conduct a wide-ranging land, water and air search, and executed a search warrant at the Schuler's home. Officers discovered three of the Strubers' large array of guns – two .22 calibre rifles and a .357 magnum – were missing, and the couple was arrested for questioning. They were not charged with Mr Schuler's murder until October 30, 2012, without police finding the Mareeba man's remains. 'There's no body, there's no cause of death, the witnesses didn't see Bruce Schuler shot, they didn't see him carried away,' Mr Crowley said. 'All they heard was two gunshots. And from there, the police concluded he was murdered.' The evidence What police did find during the searches of Palmerville Station was tyre marks in cow pats and burnt patches of grass near where Mr Schuler was reportedly last seen. There were two pieces of twine containing his DNA and spent projectiles found in bloodstained glass. Mr Schuler's DNA was also located on a bloodstained leaf, a white film canister, and four partially burnt matches. Forensic officers noted damaged trees and a broken termite mound consistent with recent vehicle contact, which they said showed marks matching Mr Struber's vehicle. Police later established that Wilson-Struber made an anonymous call to the Palmerville Station homestead from a payphone in Mareeba three days after Mr Schuler disappeared. She advised the officer who answered that the police were looking in the wrong spot and that they should be looking '12-15km east'. At trial, Struber stated he and his wife had spent the day of July 9, 2012 repairing a loader and were not in the area where shots were reported. 'We weren't there,' he said. A jury rejected this claim, after deliberating for just four hours, and Justice Jim Henry sentenced them both to life in prison. The couple's subsequent appeals over their convictions also failed. Ms Splitt's campaigning led to the introduction of 'no body, no parole' laws in Queensland in 2017, after more than 8000 people signed her petition. The U-turn One of the key 'discrepancies' Mr Crowley zeroed in on during his research is what witnesses said about a four-wheel-drive seen at the time shots were reported. It was alleged at trial that after first being shot at, Mr Schuler ran up a steep gully toward a secondary crime scene. The Strubers were said to have driven their car from where the first shot was fired 200m away to the second site where the blood and burnt patches were found. 'But all three prospectors told the police after the first shot, the car drove about somewhere between 20 and 50m,' Mr Crowley said. 'When it got the trial, the jury didn't hear that.' Mr Crowley said the prosecutor instead put to the witnesses that the car was seen heading in a northerly direction, toward crime scene two, to which they agreed. He said this 'one of the most important, disturbing, significant discrepancies' in the case. 'Because how do you murder someone … how do you put a body on the trail of the ute … if the ute does not go to the crime scene?' A new campaign Ms Ferguson is firm in her belief that her sister, Wilson-Struber, is innocent. She described her sister as a 'happy, caring, loving person' before the incident that changed their family – who had been in possession of Palmerville since the 1960s – forever. 'She cared about people, animals. She enjoyed her lifestyle on the property because she grew up on that property, and it was just part of her life.' Ms Ferguson's petition calling for an inquest to finally be held into the matter gained more than 5000 signatures, and is due to be introduced to parliament in August. A coroner handed down non-inquest findings in 2016, following the Strubers' convictions and based on police material and evidence heard at trial. 'I was very disappointed with that,' Ms Ferguson said. 'I think if they would have done a proper coronial inquest in the first place, maybe they would've been a lot more answers. 'The ultimate, result for me would be that we find out what really happened to Bruce Schuler, where his body may be. 'So his family can have closure and the right people who committed this crime can be incarcerated for what they did.' Ms Ferguson said a new legal team had been engaged to prepare a fresh court appeal, which could be heard in November. Ms Splitt recently told the Cairns Post that the latest wave of attention on the case had taken a toll on her family. Although she has also wanted an inquest to be held, she rejected the assertion that the petition was also aimed at supporting Bruce. 'The insensitive comments and things that people say on social media and calls for an inquest take an immense mental and emotional toll … and it is hurting my family and Bruce's family,' she said. 'We have trusted the legal process throughout this entire ordeal, and we trust that the authorities will continue their investigation based on the facts, evidence, and proper legal procedure. 'We are confident that the truth will prevail if we continue to focus on the facts and not get sidetracked by distractions.'
