In contradiction to what the Police stated the day after Kandara's death on August 24, Kandara might not have been under Police surveillance at all times when he was allowed to visit his home in Windhoek, an internal Police report on the circumstances of his death indicates.

Kandara, who was the CEO of Avid Investment Corporation when that young but politically-connected asset management company secured an ultimately ill-fated N$30 million investment from the Social Security Commission, was allowed to go to collect medication after his arrest on charges of fraud and theft earlier that evening.

POSSIBILITIES One of the inferences that could be drawn from the report is that during the visit, Kandara may have had an opportunity to get the pistol from a wardrobe when he was in his bedroom for a few moments.

According to the claims of other witnesses, no Police officer was in the room to keep an eye on him.

On the other hand, one of the other officers who escorted Kandara has stated that Mrs Kandara took a blanket to the Police vehicle just before they returned to the Police station with Kandara.

Another officer has stated that this was the only item that the officers did not search before they returned to the station.

These claims appear to leave open the possibility that the pistol might have been hidden in that blanket - a suspicion that the Police initially aired in Ndeitunga's first official statement on Kandara's death, which was retracted three days later.

Kandara died from a gunshot wound to his chest.

He suffered the fatal wound as three members of the Serious Crime Unit were escorting him to the entrance of the Police Station, where he was to be locked up in a cell, after they had returned from his home.

SUICIDE STARTING POINT The report on the circumstances of Kandara's death was written by Commissioner Hubert Mootseng, Commanding Officer of the Police's Complaints and Discipline Division, after an investigation that the Inspector General of the Police, Lieutenant General Sebastian Ndeitunga, instructed him to carry out.

Mootseng's report slipped into the public record when the High Court yesterday heard an urgent application on the suspension of a senior detective in connection with Kandara's death.

In the case that Judge Annel Silungwe heard yesterday, Detective Chief Inspector Oscar Sheehama, Commanding Officer of the Police's Serious Crime Unit, is asking the court to order Ndeitunga not to persist with his decision to suspend Sheehama because of claims that the detective - and three other members of his Unit - had been negligent in their handling of Kandara's arrest.

Judge Silungwe is set to give his ruling on Sheehama's application on Wednesday.

Ndeitunga submitted Mootseng's report to the court as part of his response to Sheehama's application.

Crucial questions over Kandara's death remain unanswered in Mootseng's report.

However one of the findings that the Commissioner arrived at was also the point of departure that he was given when Ndeitunga first gave instructions for Kandara's death to be investigated.

In written instructions for both an inquest investigation and an internal disciplinary probe into Kandara's death, Ndeitunga remarked on August 29 that "as you are aware, the suspect, Mr Lazarus Kandara, committed suicide (shot himself) whilst under Police custody on the 24th of August 2005".

By the time that Mootseng had concluded his report, which is dated September 8, he had come to the same conclusion: "Mr Kandara committed suicide by shooting himself while in Police custody."

He also made a finding that Kandara's possession of a firearm was due to the negligence of Serious Crime Unit members who were involved in Kandara's arrest and escorted him to his house and back to the Police station that evening.

Mootseng did not mention, however, which officers he held responsible.

Sheehama had left Kandara in the care of three subordinate officers in his Unit before Kandara was taken home to collect medication.

Mootseng reported that a witness who was at Kandara's house, Ndinelao Kalomo, stated that when Kandara arrived there at around 21h00, he greeted people there and told them to take good care of his wife and children.

He repeated this message when he left again some time later.

At the house, Kandara was allowed to have a meal and then to have a bath, according to Kalomo.

When he went to have the bath, his wife and one of the three Policemen who were escorting him followed him.

The two other officers remained behind in another part of the house - one in a foyer, and another in a television room - and both were watching television, Kalomo stated.

A MOMENT ALONE When the officers were summoned by Police radio, Kalomo and a sister of hers went to the bedroom to call Kandara, Kalomo stated according to Mootseng's report.

According to Kalomo, the officer who had gone with Kandara to his bedroom was searching Kandara's toiletries bag at that stage, and then walked out of the bedroom, leaving Kandara, his wife, Christophine Kandara, Kalomo and her sister alone in the bedroom.

"Mr Kandara asked for Lip-Ice and she (Kalomo) informed him that it was in the toiletry bag, after which Mr Kandara opened the wardrobe and closed it immediately so that she could not see whether he removed something from it," Mootseng reported on Kalomo's statement.

He also reported that Mrs Kandara had said that when she, the Police and Kandara had been in the bedroom, Kandara had taken clothes from his wardrobe and given this to her to pack.

"She further stated that her husband possessed a pistol which he used to keep in the safe or sometimes behind his T-shirts in the wardrobe," Mootseng also reported.

"However this safe was impounded by the liquidators and the Police.

Since she came back from Cape Town on 01 August 2005 she had not seen the pistol."

Kalomo had also stated that when the Police escorted Kandara back to their vehicle, Kandara's sister and another relative - with no mention being made of Mrs Kandara - had carried the blankets to the car.

At the vehicle, Kalomo said, Kandara asked his wife and sister to take good care of his children since he did not know how long he would be detained.

"Mr Kandara ordered his wife to go quickly into the house, which she did while she was crying," Kalomo stated according to Mootseng's report.

"Mr Kandara called his wife for the second time and requested her to take good care of his children, whereafter he kissed her.

Mr Kandara asked for a moment to pray, he held his head and they drove off."

NDEITUNGA DISMAYED Ndeitunga appears not to have been too impressed with Mootseng's report.

"It is with dismay that I express my concern on the outcome of the internal investigation," he informed Mootseng in a letter dated September 9, which has also been attached to an affidavit that Ndeitunga filed with the High Court for Sheehama's case.

Again Ndeitunga indicated that he was convinced that Kandara had committed suicide; to him, only the way he had managed to do that remained unclear.

He wrote to Mootseng: "The report, which has been submitted to my office, does not indicate the time at, and site/place from which the deceased, Mr Lazarus Kandara, had got hold of a fire-arm which he had used to commit suicide on 24 August 2005.

It is also puzzling to find that nowhere in your findings is it mentioned as to who had given the instruction or taken the decision for the deceased to visit/go to his house in order to collect his clothes and bedding."

He had, however, taken note of Mootseng's "vague and vacillating findings", and his decision was that all the officers who were responsible for the handling, escorting and security of Kandara should be suspended and charged with gross negligence in the execution of their duties, Ndeitunga stated.

Mootseng had recommended that while the officers should be charged with negligence, such a step should be held of until a Magistrate had made a finding about the cause of Kandara's death.

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