Kandara threatened suicide, says lawyer

THE late Lazarus Kandara confided to his lawyer that he was contemplating suicide a few hours before he allegedly shot himself outside the Windhoek Police Station seven months ago, the Magistrate conducting an inquest into Kandara’s death was told yesterday.

Kandara asked to speak in private to his lawyer, Lucius Murorua, in the offices of the Serious Crime Unit after his arrest at the High Court on the evening of August 24, Murorua yesterday told Magistrate Maria Mahalie. Murorua was the eighth witness to testify at the inquest in the Windhoek Magistrate’s Court.He said that after Kandara was arrested at the High Court, he and another lawyer, Dirk Conradie, went to the offices of the Serious Crime Unit where they saw Kandara.He said Kandara appeared to be primarily concerned about whether he would be released on bail.While they were in the office of Chief Inspector Oscar Sheehama, the Commanding Officer heading the Unit, Sheehama stated that Kandara would still be taken to his house that evening, Murorua told the court.He said that was after he had told Kandara that he had asked Kandara’s wife to bring him a change of clothes to the Police Station.”The offer came from Chief Inspector Sheehama,” Murorua stated.”He probably meant it out of the kindness of his heart.He probably meant it out of altruistic considerations,” he said, adding that in his view Sheehama tried to be humane, and did not know the tragic consequences it would have.”What Mr Kandara in particular was interested in was whether he would be able to get bail,” Murorua testified.He said he told Kandara that, given the scale of public interest in the High Court enquiry into Avid Investment Corporation, it would not have been prudent to pursue a bail application immediately.Avid was an asset management company that Kandara started in 2004, and which was declared bankrupt last year after it failed to repay a N$30 million investment from the Social Security Commission.Kandara was giving testimony at a Companies Act inquiry into the investment deal when he was arrested on charges of fraud and theft.After he had advised Kandara about his options on bail, Kandara asked to speak to him in private, and they were left alone in Sheehama’s office, Murorua continued.Kandara told him that he was innocent, that he did not steal the money, and also that he did not see his way out of the situation that he was in, Murorua told the Magistrate.Kandara also asked him to take good care of his wife and children, Murorua added.”He said he does not see his way clear, and he will take his life,” the lawyer said.Murorua said his response was to speak “very sternly” to Kandara and tell him that it was precisely because of his wife and children that he should think clearly and see the situation through.After that conversation, Murorua called Conradie aside and told him what Kandara had just told him.They agreed to inform one of the Police officers who had been involved in the arrest, Detective Sergeant Linekela Hilundwa, of Kandara’s apparent suicide threat.They also told the detective that the Police should take very good care of Kandara and not let him out of their sight, Murorua continued.As they left the Serious Crime Unit’s Offices, Hilundwa remarked that in the light of what the two lawyers had told him he no longer knew whether Kandara should be taken home, Murorua said.His and Conradie’s reply was that that was up to the Police.Conradie testified after Murorua, and in essence backed up Murorua’s testimony about the conversation with Kandara and the warning that was relayed to Hilundwa.Murorua said he had soon had doubts about whether he had done the right thing in telling Conradie what his client had said to him.He phoned a fellow lawyer, Gerson Hinda, to get his advice on that score, and Hinda assured him that he had taken the right action, he said.Hinda, who testified before Murorua yesterday, also told the court about having received a phone call from Murorua, who he said had told him that Kandara “confided in me in saying he is not responsible, he did not cause this mess, and he is not going to take it; he contemplates suicide”.Yet when Kandara, escorted by three Police officers, visited Hinda’s house some time after 21h00 that evening to pick up a mattress for Kandara, he did not see any obvious signs of a suicidal mood, Hinda also told the court.”He didn’t look depressed or anything like that.I would have picked that up,” he said.The inquest continues today.Murorua was the eighth witness to testify at the inquest in the Windhoek Magistrate’s Court.He said that after Kandara was arrested at the High Court, he and another lawyer, Dirk Conradie, went to the offices of the Serious Crime Unit where they saw Kandara. He said Kandara appeared to be primarily concerned about whether he would be released on bail.While they were in the office of Chief Inspector Oscar Sheehama, the Commanding Officer heading the Unit, Sheehama stated that Kandara would still be taken to his house that evening, Murorua told the court.He said that was after he had told Kandara that he had asked Kandara’s wife to bring him a change of clothes to the Police Station.”The offer came from Chief Inspector Sheehama,” Murorua stated.”He probably meant it out of the kindness of his heart.He probably meant it out of altruistic considerations,” he said, adding that in his view Sheehama tried to be humane, and did not know the tragic consequences it would have.”What Mr Kandara in particular was interested in was whether he would be able to get bail,” Murorua testified.He said he told Kandara that, given the scale of public interest in the High Court enquiry into Avid Investment Corporation, it would not have been prudent to pursue a bail application immediately.Avid was an asset management company that Kandara started in 2004, and which was declared bankrupt last year after it failed to repay a N$30 million investment from the Social Security Commission.Kandara was giving testimony at a Companies Act inquiry into the investment deal when he was arrested on charges of fraud and theft.After he had advised Kandara about his options on bail, Kandara asked to speak to him in private, and they were left alone in Sheehama’s office, Murorua continued.Kandara told him that he was innocent, that he did not steal the money, and also that he did not see his way out of the situation that he was in, Murorua told the Magistrate.Kandara also asked him to take good care of his wife and children, Murorua added.”He said he does not see his way clear, and he will take his life,” the lawyer said.Murorua said his response was to speak “very sternly” to Kandara and tell him that it was precisely because of his wife and children that he should think clearly and see the situation through.After that conversation, Murorua called Conradie aside and told him what Kandara had just told him.They agreed to inform one of the Police officers who had been involved in the arrest, Detective Sergeant Linekela Hilundwa, of Kandara’s apparent suicide threat.They also told the detective that the Police should take very good care of Kandara and not let him out of their sight, Murorua continued.As they left the Serious Crime Unit’s Offices, Hilundwa remarked that in the light of what the two lawyers had told him he no longer knew whether Kandara should be taken home, Murorua said.His and Conradie’s reply was that that was up to the Police.Conradie testified after Murorua, and in essence backed up Murorua’s testimony about the conversation with Kandara and the warning that was relayed to Hilundwa.Murorua said he had soon had doubts about whether he had done the right thing in telling Conradie what his client had said to him.He phoned a fellow lawyer, Gerson Hinda, to get his advice on that score, and Hinda assured him that he had taken the right action, he said.Hinda, who testified before Murorua yesterday, also told the court about having received a phone call from Murorua, who he said had told him that Kandara “confided in me in saying he is not responsible, he did not cause this mess, and he is not going to take it; he contemplates suicide”.Yet when Kandara, escorted by three Police officers, visited Hinda’s house some time after 21h00 that evening to pick up a mattress for Kandara, he did not see any obvious signs of a suicidal mood, Hinda also told the court.”He didn’t look depressed or anything like that.I would have picked that up,” he said.The inquest continues today.