Inquest into Kandara’s death to start today

THE judicial inquest into the death of Lazarus Kandara in Police custody almost seven months ago is set to start in the Windhoek Magistrate’s Court today.

All but two of the 23 witnesses who have been subpoenaed to give evidence made a first appearance in court before Magistrate Maria Mahalie on Monday. Magistrate Mahalie will preside over the inquest court.She told the witnesses on Monday that she had decided that the Kandara inquest would be open only to the late Lazarus Kandara’s relatives and the media.The rest of the public will be barred from the proceedings.Kandara’s relatives will be the first witnesses called to give evidence once the inquest gets under way today, so that they would be able to sit in on the rest of the proceedings once they had testified, the Magistrate said.Public Prosecutor Petrus Grusshaber, who will represent the State during the inquest, would not carry out prosecuting functions; his role would be to assist the court with leading witnesses’ testimony, Magistrate Mahalie added.Kandara’s relatives will be at liberty to have legal representatives present to pose questions to witnesses, she also said.A few hours on the evening of August 24 last year will be put under a judicial magnifying glass at the inquest.At around 18h00 that evening, Kandara was arrested at the High Court in Windhoek on charges of fraud and theft.He had been testifying for a second day about the financial dealings of an asset management company, Avid Investment Corporation.Avid was started by Kandara the previous year and landed a N$30 million investment deal with the Social Security Commission in January last year.Kandara was giving evidence during a Companies Act inquiry into the affairs of Avid that was sparked in July last year when the SSC asked the High Court to declare Avid bankrupt because it had failed to repay the SSC’s N$30 million investment as promised by late May.About four and a half hours after his arrest, Kandara was dead.He died in front of the entrance to the Windhoek Police Station.A gunshot wound to the chest ended his life.According to the Police, the wound was self-inflicted.After the event, the Police claimed that Kandara had shot himself with his own 9 mm Beretta pistol, which, they said, he had managed to get hold of during a visit to his home in Windhoek after his arrest.Three Police officers attached to the Serious Crime Unit escorted Kandara to his home, allegedly to enable him to collect medication, a mattress, bedding and a change of clothes, at around 21h00, the Police reported after the event.An internal Police investigation of the incident concluded that Kandara had managed to get hold of the pistol during his visit to his home, and that he committed suicide by shooting himself while in Police custody.The fact that Kandara got hold of the firearm could be attributed to negligence on the part of the Police officers who accompanied him to his house, the internal investigation of the Police’s Complaints and Discipline Unit concluded.All three of the Police officers who escorted Kandara to his house – Detective Sergeants Linekela Hilundwa and Frans Kantema, and Detective Constable Chaolin Tjitemisa – are among witnesses subpoenaed to give evidence.Also among the witnesses are relatives of Kandara who were at his house when Kandara was there under Police escort that evening.These include his wife, Christophine Kandara, his sister, Belinda Goeieman, her husband, Gordon Goeieman, and Ndinelao Kandeshi Kalomo, a sister of Mrs Kandara.Kandara’s lawyer, Lucius Murorua, and fellow lawyer Dirk Conradie, who saw Kandara and spoke to him at the offices of the Serious Crime Unit after his arrest, have likewise been subpoenaed to give evidence, as has Detective Chief Inspector Oscar Sheehama, the Commanding Officer of the Serious Crime Unit, who left Kandara in the care of the three officers who accompanied him to his home.In terms of Namibia’s Inquest Act, the inquest court will have to make findings about the identity of the deceased person, the cause or probable cause of the death, the date of death, and “whether the death was brought about by any act or omission prima facie involving or amounting to an offence on the part of any person”.Magistrate Mahalie will preside over the inquest court.She told the witnesses on Monday that she had decided that the Kandara inquest would be open only to the late Lazarus Kandara’s relatives and the media.The rest of the public will be barred from the proceedings.Kandara’s relatives will be the first witnesses called to give evidence once the inquest gets under way today, so that they would be able to sit in on the rest of the proceedings once they had testified, the Magistrate said.Public Prosecutor Petrus Grusshaber, who will represent the State during the inquest, would not carry out prosecuting functions; his role would be to assist the court with leading witnesses’ testimony, Magistrate Mahalie added.Kandara’s relatives will be at liberty to have legal representatives present to pose questions to witnesses, she also said.A few hours on the evening of August 24 last year will be put under a judicial magnifying glass at the inquest.At around 18h00 that evening, Kandara was arrested at the High Court in Windhoek on charges of fraud and theft.He had been testifying for a second day about the financial dealings of an asset management company, Avid Investment Corporation. Avid was started by Kandara the previous year and landed a N$30 million investment deal with the Social Security Commission in January last year.Kandara was giving evidence during a Companies Act inquiry into the affairs of Avid that was sparked in July last year when the SSC asked the High Court to declare Avid bankrupt because it had failed to repay the SSC’s N$30 million investment as promised by late May.About four and a half hours after his arrest, Kandara was dead.He died in front of the entrance to the Windhoek Police Station.A gunshot wound to the chest ended his life.According to the Police, the wound was self-inflicted.After the event, the Police claimed that Kandara had shot himself with his own 9 mm Beretta pistol, which, they said, he had managed to get hold of during a visit to his home in Windhoek after his arrest.Three Police officers attached to the Serious Crime Unit escorted Kandara to his home, allegedly to enable him to collect medication, a mattress, bedding and a change of clothes, at around 21h00, the Police reported after the event.An internal Police investigation of the incident concluded that Kandara had managed to get hold of the pistol during his visit to his home, and that he committed suicide by shooting himself while in Police custody.The fact that Kandara got hold of the firearm could be attributed to negligence on the part of the Police officers who accompanied him to his house, the internal investigation of the Police’s Complaints and Discipline Unit concluded.All three of the Police officers who escorted Kandara to his house – Detective Sergeants Linekela Hilundwa and Frans Kantema, and Detective Constable Chaolin Tjitemisa – are among witnesses subpoenaed to give evidence.Also among the witnesses are relatives of Kandara who were at his house when Kandara was there under Police escort that evening.These include his wife, Christophine Kandara, his sister, Belinda Goeieman, her husband, Gordon Goeieman, and Ndinelao Kandeshi Kalomo, a sister of Mrs Kandara.Kandara’s lawyer, Lucius Murorua, and fellow lawyer Dirk Conradie, who saw Kandara and spoke to him at the offices of the Serious Crime Unit after his arrest, have likewise been subpoenaed to give evidence, as has Detective Chief Inspector Oscar Sheehama, the Commanding Officer of the Serious Crime Unit, who left Kandara in the care of the three officers who accompanied him to his home.In terms of Namibia’s Inquest Act, the inquest court will have to make findings about the identity of the deceased person, the cause or probable cause of the death, the date of death, and “whether the death was brought about by any act or omission prima facie involving or amounting to an offence on the part of any person”.