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2025 MarsdenLR 4687

HIGH COURT MALAYA KUALA LUMPUR
CHRISTINA CAROLINA GERARDA JOHANNA VERSTAPPEN – Appellant
Versus
KETUA POLIS NEGARA MALAYSIA & ORS – Respondent


Petitioner Advocates:Sankara Narayanan Sankaran Nair,Narendran Letchiemanan,Wong Guo Jin ,Respondent Advocate: Nur Ezdiani Roleb,Siti Aishah Ramlan,Nuur Zul Izzati Zulkipli,Mohd Radzi Shah Abd Razak

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

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