JUDGMENT

Roz Mawar Rozain J:

[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 2.00 pm. 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 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 an 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 2.00 pm;

(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 as Alexander William Johnson and Lunara Almazkyzy (Alex and Luna). They were questioned and subsequently detained from 8 December 2017 to 11 December 2017;

(d) An autopsy was conducted on 8 December 2017 by Dr Zunaizah binti Hilmi and Dr Nurliza binti Abdullah at HKL;

(e) The autopsy findings indicated the cause of death as:

• Chest and abdomino-pelvic injuries;

• Consistent with a fall from height.

(f) A Sudden Death Report (SDR) was opened on 9 December 2017.

[8] Upon careful consideration of the evidence, this Court determines that the classification of this case as suicide through an SDR was made without adequate preliminary investigation into the suspicious circumstances surrounding the Deceased's death. Evidence showed that the 2nd Defendant, a senior police officer with experience who was first to witness the Deceased's body, failed to reasonably suspect that the circumstances — an unclothed young woman found dead after falling from a height — naturally raised immediate concerns about the possibility of foul play. The evidence before this Court indicates that reasonable grounds existed to warrant further inquiry before reaching such a conclusion.

[9] Significantly, Sergeant Haliza had initially suspected homicide rather than suicide. However, despite indications of potential criminal involvement, the 2nd Defendant promptly a