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15.11.2005

PG to decide on Kandara case by month-end

By: * WERNER MENGES

THE Police docket on the investigation into the death of Lazarus Kandara has been submitted to the Office of the Prosecutor General.

A decision on how the matter will be pursued is expected before the

end of this month, Prosecutor General Martha Imalwa said on enquiry

yesterday.

Kandara, who was the creator and self-appointed Chief Executive

Officer of Avid Investment Corporation - an asset management

company that he started last year and with which the Social

Security Commission invested N$30 million in January - died outside

the Windhoek Police Station from a gunshot wound to the chest on

the evening of August 24.

 

The Police claim that he shot himself with a 9 mm pistol that

was registered in his name.

 

According to the Police, Kandara appears to have managed to get

hold of the firearm when he was allowed, under Police escort, to

collect clothes, medicine and toiletries at his home in Windhoek

after his arrest on charges of fraud and theft earlier that

evening.

 

Kandara was arrested after he testified in the High Court during

a Companies Act inquiry on the SSC's investment of the N$30 million

with Avid, which failed to repay the money to the SSC when the

four-month-long investment matured at the end of May.

 

The court has since then ordered that Avid be liquidated in an

effort to recover the SSC's money.

 

Imalwa said yesterday that the Police docket on the

circumstances of Kandara's death had first been submitted to one of

her deputies, who sent it back to the Police for further

investigations.

 

The docket has now been returned to her office, where it is

being studied.

 

A decision on the steps to be taken will be made before the end

of November, she said.

 

Among the matters to be considered is whether there is evidence

indicating that anyone could be held responsible for Kandara's

death, or, if the evidence indicates that he committed suicide,

whether an inquest into his death would be held in open court or

not, Imalwa said.

 

If there is evidence that Kandara committed suicide, a

Magistrate will be asked to hold an inquest, she said.

 

Such proceedings can either take place with the Magistrate going

through written statements setting out the evidence that the Police

gathered during their investigation of the death, or in open court,

with the Magistrate hearing oral evidence on the matter.

 

In each instance, the Magistrate will be required to make a

finding on the cause of death and whether anyone could be held

liable.

 

Kandara, who was the creator and self-appointed Chief Executive

Officer of Avid Investment Corporation - an asset management

company that he started last year and with which the Social

Security Commission invested N$30 million in January - died outside

the Windhoek Police Station from a gunshot wound to the chest on

the evening of August 24.The Police claim that he shot himself with

a 9 mm pistol that was registered in his name.According to the

Police, Kandara appears to have managed to get hold of the firearm

when he was allowed, under Police escort, to collect clothes,

medicine and toiletries at his home in Windhoek after his arrest on

charges of fraud and theft earlier that evening. Kandara was

arrested after he testified in the High Court during a Companies

Act inquiry on the SSC's investment of the N$30 million with Avid,

which failed to repay the money to the SSC when the four-month-long

investment matured at the end of May.The court has since then

ordered that Avid be liquidated in an effort to recover the SSC's

money.Imalwa said yesterday that the Police docket on the

circumstances of Kandara's death had first been submitted to one of

her deputies, who sent it back to the Police for further

investigations.The docket has now been returned to her office,

where it is being studied.A decision on the steps to be taken will

be made before the end of November, she said.Among the matters to

be considered is whether there is evidence indicating that anyone

could be held responsible for Kandara's death, or, if the evidence

indicates that he committed suicide, whether an inquest into his

death would be held in open court or not, Imalwa said.If there is

evidence that Kandara committed suicide, a Magistrate will be asked

to hold an inquest, she said.Such proceedings can either take place

with the Magistrate going through written statements setting out

the evidence that the Police gathered during their investigation of

the death, or in open court, with the Magistrate hearing oral

evidence on the matter.In each instance, the Magistrate will be

required to make a finding on the cause of death and whether anyone

could be held liable.


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