Dutch model's death a 'misadventure', court rules

The death of model Ivana Esther Robert Smit, who fell from a condominium unit at CapSquare Residences in Kuala Lumpur two years ago, is caused by a “misadventure’, the Coroner’s Court ruled today.

Coroner Mahyon Talib, who heard the inquest proceeding to determine the actual cause of Smit’s death, said the court found no one to be criminally involved in the death of the 19-year-old model.

According to her, 'misadventure' is death caused accidentally through a legal act without negligence or intent to harm.

She said based on testimonies of witnesses, including the investigating officer, the court found that the deceased died due to a fall from a high place.

She agreed with pathologist, Dr Frank Van Der Goot, from the Netherlands, that the the model died before her body was found on the balcony of a sixth floor unit and the body began to stiffen between 10am and 11am on Dec 7, 2017.

She said the signs of arm grip, trauma at the back of the head, broken bottle and Deoxyribonucleic Acid (DNA) of Alex Johnson under Smit’s nails indicated the possibility of struggle or fight among Johnson, Ivana and Luna Almaz.

(Johnson and Almaz, from the United States of America and Kazakhstan, respectively, are the owners of the unit on level 20 where Smit stayed before her death).

“The court do not know what actually happened among the three of them. Therefore, the court rules Ivana’s (Smith) death as a misadventure,” she said.

Mahyon said decision was made based on the findings of facts and provision under Section 337 of the Criminal procedure Code.

The inquest was conducted by deputy public prosecutor N. Joy Jothy, while lawyer Sankara Nair represented the family of the deceased.

Smit, who was believed to be under the influence of alcohol, was found sprawled in the nude on the sixth floor condo of CapSquare Residence in Kuala Lumpur, 14 floors below Johnson and Almaz’ s 20th floor condo, on Dec 7, 2017.

A total of 22 witnesses testified during the inquest, held since Aug 8 last year.

--Bernama