Criminal charges ruled out in Kandara shooting

THE Prosecutor General has decided not to prosecute anyone on any criminal charges in connection with the gunshot death of the late Lazarus Kandara.Kandara’s death will be dealt with by a Magistrate at an inquest, Prosecutor General Martha Imalwa told The Namibian yesterday.

She said her office received the docket on the investigation into Kandara’s death on Monday last week after the Police were asked to carry out additional investigations. Imalwa said she had decided not to prosecute anyone over Kandara’s death, but to refer the docket to a Magistrate for an inquest to be held.Kandara died in front of the entrance to the Windhoek Police Station on the evening of August 24.A gunshot wound to his chest claimed his life.He died about four hours after the Namibian Police had arrested him at the High Court in Windhoek on charges of fraud and theft in connection with his involvement in a N$30 million investment made by the Social Security Commission.The money was invested through asset management company, Avid Investment Corporation, of which Kandara was both the creator and Chief Executive Officer.Avid failed to return the SSC’s money, as well as the interest the SSC had been promised, when it was due to be repaid near the end of May.That set in motion legal proceedings in which the High Court ordered that Avid should be liquidated because it was unable to pay its debts.A Companies Act inquiry in which the investment deal was investigated followed in the High Court.Kandara was arrested after giving two days of testimony in that inquiry.By the end of his second day in the witness box, he had offered to sign an acknowledgement of debt of N$500 000 to the SSC.Kandara admitted that after the SSC had transferred N$30 million to Avid to be invested, he transferred only N$29,5 million of that money to another asset management company, Namangol Investments, to be invested.The other N$500 000, Kandara admitted, was used to pay some of Avid’s running expenses.After he was arrested and his fingerprints were taken at the offices of the Serious Crime Unit next to the Windhoek Police Station.Three members of the unit then accompanied Kandara to his home in Windhoek so that he could collect prescription medicines, a change of clothing and bedding for what was set to be a stay in the Police cells.However, upon their return to the Police station, the officers subsequently claimed, Kandara pulled out a nine-millimetre pistol that he had somehow managed to get hold of and hide from them, pointed it at his own chest, and pulled the trigger.He died at the scene.The Police claim that the pistol was registered in Kandara’s name.Imalwa said in her opinion the Police docket did not contain evidence to prove that anyone had committed a crime.From the evidence in the docket, she indicated, no criminal wrongdoing could be pinned on the Police officers who had escorted Kandara, and it appeared that he had committed suicide.She said while she has given instructions that the contents of the docket should be submitted to a Magistrate for an inquest to officially determine the cause of Kandara’s death, she has also asked that the inquest should be held in public because of the public interest in the incident.Kandara’s family will have a right to instruct a lawyer to be present at the inquest proceedings to represent their interests, Imalwa added.According to the Acting Chief Magistrate for the Windhoek district, Johanna Salionga, the inquest docket arrived at her office on Friday.Salionga said the matter would now be assigned to a Magistrate to conduct the inquest.Before that, witnesses will have to be summoned to give evidence at the inquest.She expected this process to take place only next year, Salionga indicated.Imalwa said she had decided not to prosecute anyone over Kandara’s death, but to refer the docket to a Magistrate for an inquest to be held.Kandara died in front of the entrance to the Windhoek Police Station on the evening of August 24.A gunshot wound to his chest claimed his life.He died about four hours after the Namibian Police had arrested him at the High Court in Windhoek on charges of fraud and theft in connection with his involvement in a N$30 million investment made by the Social Security Commission. The money was invested through asset management company, Avid Investment Corporation, of which Kandara was both the creator and Chief Executive Officer.Avid failed to return the SSC’s money, as well as the interest the SSC had been promised, when it was due to be repaid near the end of May.That set in motion legal proceedings in which the High Court ordered that Avid should be liquidated because it was unable to pay its debts.A Companies Act inquiry in which the investment deal was investigated followed in the High Court.Kandara was arrested after giving two days of testimony in that inquiry.By the end of his second day in the witness box, he had offered to sign an acknowledgement of debt of N$500 000 to the SSC.Kandara admitted that after the SSC had transferred N$30 million to Avid to be invested, he transferred only N$29,5 million of that money to another asset management company, Namangol Investments, to be invested.The other N$500 000, Kandara admitted, was used to pay some of Avid’s running expenses.After he was arrested and his fingerprints were taken at the offices of the Serious Crime Unit next to the Windhoek Police Station.Three members of the unit then accompanied Kandara to his home in Windhoek so that he could collect prescription medicines, a change of clothing and bedding for what was set to be a stay in the Police cells.However, upon their return to the Police station, the officers subsequently claimed, Kandara pulled out a nine-millimetre pistol that he had somehow managed to get hold of and hide from them, pointed it at his own chest, and pulled the trigger.He died at the scene.The Police claim that the pistol was registered in Kandara’s name.Imalwa said in her opinion the Police docket did not contain evidence to prove that anyone had committed a crime.From the evidence in the docket, she indicated, no criminal wrongdoing could be pinned on the Police officers who had escorted Kandara, and it appeared that he had committed suicide.She said while she has given instructions that the contents of the docket should be submitted to a Magistrate for an inquest to officially determine the cause of Kandara’s death, she has also asked that the inquest should be held in public because of the public interest in the incident.Kandara’s family will have a right to instruct a lawyer to be present at the inquest proceedings to represent their interests, Imalwa added.According to the Acting Chief Magistrate for the Windhoek district, Johanna Salionga, the inquest docket arrived at her office on Friday.Salionga said the matter would now be assigned to a Magistrate to conduct the inquest.Before that, witnesses will have to be summoned to give evidence at the inquest.She expected this process to take place only next year, Salionga indicated.