Court of Appeal rejects government claim for RM1.1 million compensation in Smit case

In a hearing before a three-judge panel chaired by Zaini Mazlan, the Court of Appeal rejected the government's request for RM1.1 million in compensation, affirming the High Court's earlier ruling that no damages, interest, or mandatory orders should be awarded. The judges clarified that under civil law police are not obligated to protect individual complainants or their families when determining investigative procedures.

They criticized the High Court for treating negligence and misconduct as separate causes without meeting legal requirements for public authority liability, and for overstepping its jurisdiction by directing police personnel management and daily investigative actions. The appeal follows a prior High Court judgment that granted Christina Carolina Gerarda Johanna Verstappen substantial damages and ordered police reforms after her lawsuit over alleged investigative negligence in her daughter's death.

Smit, an 18-year-old, was found dead in a condominium fall in December 2017, a case later re-characterised by the High Court as caused by unknown individuals. The appeal hearing was attended by legal counsel for the government and the victim’s mother, as well as the Dutch deputy ambassador.