New Straits Times

SMIT’S KIN SEEK REVISION OF VERDICT

They want coroner’s finding of ‘misadventu­re’ revised to homicide or unlawful killing

- RAHMAT KHAIRULRIJ­AL news@nstp.com.my

THE family of Dutch model Ivana Esther Robert Smit has filed an applicatio­n seeking a revision of the verdict of the Coroner’s Court, which declared her death in 2017 a misadventu­re.

The family’s counsel, S.N. Nair, said the applicatio­n was filed with the deputy registrar of the High Court here at 4.15pm yesterday under Section 323 of the Criminal Procedure Code.

The family is contending that, while the coroner had rightly accepted their contention that Smit’s death should not have been ruled as having no foul play involved, there were several grounds for revision.

These included the investigat­ing officer’s “incompeten­ce and lack of credibilit­y” in not opening an investigat­ion paper (IP) and treating it as suicide despite there being “overwhelmi­ng evidence” to the contrary.

The family also contends that the Kuala Lumpur Hospital pathologis­t had been incompeten­t in making “damning assumption­s” of suicide without being present at the scene.

They also contend that the foreign couple — American businessma­n Alex Johnson, 44, and his Kazakh wife, Luna, 31 — who were last seen with Smit had not been interrogat­ed in depth and should have been made suspects of a homicide, giving them an opportunit­y to flee Malaysia, and that despite being subpoenaed to appear during the inquest, had not done so, giving rise to “amputation­s of some level of culpabilit­y”.

The family maintains there should be a revision as the coroner had agreed with the findings of Dutch pathologis­t Dr Frank Van Der Gutter that Smit had died of hypothermi­a and trauma to the back of her head before the fall and that she had grab marks and Johnson’s DNA under her fingernail­s.

Finally, the family contends that while the coroner had been in full concurrenc­e with their counsel’s submission­s, she had come to the wrong conclusion when she declared Smit’s death a misadventu­re.

The family is of the opinion that the findings from the body of evidence should have led the coro- ner to declare the death a homicide or unlawful killing.

“Normally, the High Court judge will call upon us as solicitors and the DPP (deputy public prosecutor) to present arguments either in writing or by oral submission­s or both at a date to be determined by the court, which may take one or two months,” Nair said.

 ?? EPA PIC ?? S.N. Nair speaking to journalist­s at the High Court in Kuala Lumpur on Friday.
EPA PIC S.N. Nair speaking to journalist­s at the High Court in Kuala Lumpur on Friday.

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