Police defied court order, failed to probe Dutch model's death, lawyer claims

Free Malaysia Today

5 days ago

Dutch model Ivana Smit was last seen with Alex Johnson and Luna Almaz on Dec 7, 2017 at their apartment, before she died. (Instagram pic)
KUALA LUMPUR : The High Court here was told today that the police had failed to conduct a thorough probe into the death of Dutch model Ivana Smit eight years ago, despite a court order directing an investigation.
Lawyer SN Nair, appearing for the family, said another High Court judge had in 2019 ruled that Smit's death had been caused by 'persons known or unknown' and directed the police to take further steps in the matter.
Despite that, Nair said the subsequent investigation was done 'half-heartedly', pointing out that the police had not sought the extradition of the two main suspects, Alex Johnson and Luna Almaz.
Smit was last seen with the American-Kazakh couple at their apartment on Dec 7, 2017, before she died.
'The investigating officer even conceded that (an Interpol) blue notice issued was not effective in tracking down Alex and Luna,' said Nair.
Smit's family is suing the police and government for breach of statutory duties and negligence in her death probe.
Nair said the issuance of the blue notice cannot be considered sufficient action in the probe into Smit's death.
He said the police ought to have secured the extradition of Johnson and Almaz, taken further witness statements, and re-examined the available forensic evidence.
'This case is a sobering reminder of what happens when those charged with protecting justice are themselves negligent,' Nair added.
In reply, senior federal counsel Nur Ezdiani Roleb, appearing for the government and police force, told the court that investigations into Smit's death are still ongoing.
She insisted that the police had not breached their statutory function but had performed their investigative duties properly.
'The police were entitled to probe this case as a sudden death in 2017, based on the findings of the pathologist (Dr Nurliza Abdullah),' said Ezdiani.
She also told the court that Smit's family was not entitled to seek damages over a purported breach of statutory duties and negligence.
Trial judge Justice Roz Mawar then asked Nair to quantify the damages the family was seeking—in the event the court ruled in their favour.
Nair said previous decisions indicated that RM500,000 would be an adequate sum, but left the matter for the court to determine.
Ezdiana said the government will file additional submissions to address the quantum of damages issue.
The court then fixed July 15 for decision.
Dutch ambassador Jacques Werner was present at the hearing today.