Law enforcement must rigorously adhere to investigative protocols to fulfill the duty of care owed to the public; any negligence undermines justice and accountability.

[1] This case arises from the tragic death of Ivana Esther Robert Smith (the Deceased), an 18-year-old Dutch national who was the biological daughter of the plaintiff. The Deceased had been living with her grandparents in Penang for 13 years before moving to Kuala Lumpur to pursue a career as a model.

[2] On 7 December 2017, the Deceased's body was discovered on the balcony of Unit 6-5 Cap Square Residences, No 2 Persiaran Cap Square, Off Jalan Dang Wangi, 50300 Kuala Lumpur at approximately 2.00pm. She was unclothed.

[3] On the same day 7 December 2017 in the evening, the plaintiff received the news of the Deceased's demise. The plaintiff immediately embarked on the journey to Kuala Lumpur to verify the tragic incident, identify the Deceased and accordingly claim her.

[4] Upon arrival on 9 December 2017, the plaintiff was asked to identify the Deceased at the morgue of Hospital Kuala Lumpur. (HKL) The plaintiff was informed by the defendants and one Sergeant Haliza that the Deceased's nude body was discovered on the balcony of Unit 6-5 Cap Square Residence and that her death was classified as suicide, with the Sudden Death Report (SDR) asserting that the cause of death was either natural or self-inflicted (suicide).

[5] This court evaluates the evidence to determine whether the plaintiff succeeds in her claims that the defendants had failed to adhere to the standard investigation procedure and/or whether there were flagrant breaches of the standard operating procedures (SOP) by the police officers involved.

[6] The plaintiff submitted that the decision that it was suicide as per the SDR showed was hastily made without conducting an initial summary investigation to properly assess the circumstances and classification of the case. The plaintiff contended that it was required that the officer in charge make an initial determination whether the death was a natural occurrence or a suspected crime based on the facts and evidence directly or indirectly available from the scene.

Initial Police Investigation

[7] Following the discovery, the Royal Malaysian Police (PDRM) commenced investigation. On 7 December 2017, police officers from IPD Dang Wangi, including the 2nd defendant, attended the scene. The initial investigation revealed that:

(a) The Deceased was found unclothed on the balcony of Unit 6-5 on 7 December 2017 at approximately 2.00pm;

(b) CCTV footage showed the Deceased with a man and woman which Cap Square Residence management identified as residents of Unit 20-5 of the same building several hours in the lift lobby the night before;

(c) The residents of Unit 20-5 were identified a