KUALA LUMPUR, Nov 17 — After a failed bid at the High Court, the Attorney General’s Chambers (AGC) has applied again to defer paying RM1.1 million as compensation to the late Dutch model Ivana Smit’s family. 

This time, the application has been made at the Court of Appeal.

This is because the Malaysian government is still appealing against a High Court order in July for it to pay the RM1.1 million compensation.

The law firm representing Smit’s mother Christina Carolina Gerarda Johanna Verstappen had issued a letter of demand to the AGC last Friday, seeking the RM1.1 million compensation to be paid within 48 hours.

In that letter, the law firm told the AGC that failure to meet the 48 hours’ deadline could result in legal action, such as the initiating of contempt of court proceedings.

Today, lawyer Datuk Sankara Nair representing the Smit’s family said his client’s demand for payment within 48 hours will now depend on what the Court of Appeal decides on the AGC’s latest bid to defer paying RM1.1 million.

“In view of this application, our dateline and next course of action will be dependent on the decision tomorrow,” he told Malay Mail when contacted today.

Key events up to now

Smit was found dead on the sixth floor of CapSquare Residence, a condominium off Jalan Dang Wangi in Kuala Lumpur on December 7, 2017.

The Coroner’s Court on March 18, 2019 initially found in an inquest that Smit’s death was caused by a “misadventure”.

But Smit’s mother made a successful appeal that resulted in the High Court decision on November 22, 2019 replace the inquest findings by saying that her death was caused by “a person or persons unknown”. 

In November 2020, Smit’s mother filed a civil suit against the inspector-general of police, Dang Wangi investigating officer ASP Faizal Abdullah, the home minister, and the Malaysian government over alleged breach of duties and negligence in investigating the cause of her daughter’s death.

On July 29 this year, the High Court ordered the government and all those sued by Smit’s mother to pay RM1.1 million in compensation.

The government has filed an appeal against this High Court decision.

Sankara said the Court of Appeal has yet to fix a hearing date for the appeal.

On November 13, the High Court rejected the AGC’s application for a stay of the High Court’s July 29 order to pay RM1.1 million.

On November 14, the AGC filed a fresh application at the Court of Appeal to stay the High Court’s July 29 order to pay RM1.1 million, Sankara confirmed. 

The lawyer also confirmed that sealed copies of this stay application were sent to his law firm through email this morning.

Sankara told reporters that the AGC could file this new stay application at the Court of Appeal as “the law allows them to apply in both the High Court and Court of Appeal for stay”.

Following the AGC’s failed bid for stay at the High Court last week, it is now taking the “alternative route” of seeking stay at the Court of Appeal, he said.

Tomorrow, the Court of Appeal is scheduled to hear the government’s stay application against the court order to pay the RM1.1 million.