Mandamus order in Dutch model death allows for families to sue cops, govt: MP

A High Court mandamus order in the Ivana Smit case will now pave the way for families of police shooting and custodial death victims to pursue legal action against the government and police, according to Kepong MP Lim Lip Eng.

The High Court yesterday ordered the government to pay RM1.1 million in damages to Smit’s family after finding that authorities had failed to conduct a proper investigation into her 2017 death in Kuala Lumpur.

Justice Roz Mawar Rozain ruled that both the government and police were negligent in their handling of the case, Free Malaysia Today reported.

The judge also issued a mandamus order requiring police to remove investigating officer Faizal Abdullah from the current Smit task force and restart the investigation in accordance with a 2019 High Court directive.

Additionally, she ordered police to provide quarterly briefings to the Attorney-General’s Chambers (AGC) on the investigation's progress, with the AGC required to assess the evidence and decide on further action.

“This decision opens the door for all families of police shooting victims and deaths in custody to take legal action against the government and police.

“The police cannot continue hiding behind uniforms and outdated procedures. This institution needs to be cleaned up and rebuilt from within.

“As long as the culture of protecting wrongdoing and concealing the truth continues, public trust will remain shattered and justice will not be upheld,” Lim said in a statement today.

Take prompt disciplinary action

Lim also called on the Inspector-General of Police Khalid Ismail to take immediate disciplinary action against the investigating officers and senior officers who failed to carry out their duties.

Lim pointed out that there must be no room for protecting negligent officers who tarnish the police’s reputation and betray the public’s trust.

“This mandamus order must become the standard practice in all serious criminal cases, particularly murder cases and deaths in custody. The time has come to end the culture of half-hearted investigations and casual reporting,” he added.

Smit’s mother, Christina Carolina Gerarda Johanna Verstappen, had launched legal proceedings in 2020, alleging that the police, the home minister, Dang Wangi investigating officer Faizal, and the government had breached their statutory duties and were negligent in their investigation into the 18-year-old’s death.

In her judgment, Roz Mawar also ordered the government to pay RM500,000 in general damages, RM600,000 in aggravated and exemplary damages, and costs of RM100,000.

On Dec 7, 2017, Smit’s body was discovered on the balcony of a sixth-floor unit of CapSquare Residence in Kuala Lumpur, 14 floors below the 20th-floor unit of a foreign couple, Alex Johnson and his wife, Luna Almaz.

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