……asked to be left alone shortly after charged

“PLEASE leave me alone now.”These were the words of Avid Investment Corporation’s mastermind Lazarus Kandara just after 19h00 yesterday as he prepared to spend his first night behind bars.After testifying for most of the day on how exactly he spent more than N$1,4 million of the N$30 million investment his company secured with the Social Security Commission and another N$7 million from Kalahari Holdings for his own use, a Police officer was waiting at the witness stand as the inquiry adjourned to whisk Kandara away.

He has been charged with fraud and theft. Anticipation ran high as crowds of people waited inside and outside the court building for what seemed an inevitable end to the day – the strong presence of top Policemen during court proceedings appeared to be an omen that Kandara would be led the same route his business associate Nico Josea had been four weeks ago.”I don’t know how I am feeling,” said a visibly broken Kandara, his head bowed, when The Namibian approached him after he was fingerprinted at the Police Station.He said he had not expected to be arrested.”I came back to help this guy [presumably Josea] and they put me in this,” Kandara said, shocked at what had just happened and what lay in store for him.The charges against him are based on evidence that he misappropriated public funds and misrepresented himself.SSC legal counsel Andrew Corbett had set the scene for Kandara’s arrest only moments before it happened.He told Acting Judge Raymond Heathcote at the end of the day’s proceedings that the serious crime unit had “enough evidence to arrest and they will arrest”.Policemen managed to smuggle Kandara off the court premises without the public getting as much as a glimpse of the getaway car.His lawyer, Lucius Murorua, accompanied by legal counsel Dirk Conradie, who is representing former Avid director Otniel Podewiltz in the inquiry, were holed up in discussions with Kandara and the head of the Serious Crime Unit, Chief Inspector Oscar Sheehama, for close to an hour before Kandara was prepared to be led to the cells.Both Murorua and Sheehama said afterwards that an application for bail was not yet being considered.Kandara told The Namibian, however, that he would definitely instruct his lawyer to apply for bail.THINGS FALL APART The walls caved in around Kandara as he gathered up his documents from the witness stand at 18h00.A waiting Policeman would not grant him time to start discussions with his lawyer and urged him to follow him immediately, saying that his lawyer could meet him.His wife, Christophine, was briefly allowed to exchange a few words with him.But fearing that the crowd would mob Kandara once he appeared outside the confines of the courtroom, the Police decided against leading him out through the main entrance.Instead they escorted him through the underground passages.CONTEMPT CHARGE In the late afternoon, Acting Judge Heathcote’s patience with Kandara had worn thin, and he charged him with contempt of court for not answering questions “truthfully” and “honestly”.He suspended the sentence of incarceration until the end of proceedings, provided that Kandara started giving straight answers.Much of the afternoon session was dedicated to making Kandara recount every cheque that he wrote out from another one of his corporations, Dey-Yar Investments CC.Between April 22 and June 28 he dished out money, mostly for his own use and to his family, amounting to N$1,479 million.Here and there he could recall incurring an expense from this money to set up the Avid offices.With both Kandara and Josea in lock-up, all eyes are now fixed on the past and present directors of Avid and what lies in store for them.Heathcote told the court that when the curtain eventually comes down on the inquiry on September 8, he would consider whether to refer the allegations made against them to the Prosecutor General’s office for a decision to prosecute.He told the bench of attorneys present to “prepare their clients” for this.As Kandara’s testimony drew to an end after cross-examination from Corbett, the Avid main man told the court that he still believed that he would be able to return the SSC’s N$30 million by today.He said he had called Johannesburg trader Alan Rosenberg at lunchtime yesterday and was assured that the money would “come through”.”I don’t know what to believe anymore.It appears unlikely,” Heathcote responded.The last two days of the inquiry have been set for September 7 and 8.Heathcote said he would conclude the proceedings by making recommendations to Government and the public on how their funds could be better assured in future.Anticipation ran high as crowds of people waited inside and outside the court building for what seemed an inevitable end to the day – the strong presence of top Policemen during court proceedings appeared to be an omen that Kandara would be led the same route his business associate Nico Josea had been four weeks ago.”I don’t know how I am feeling,” said a visibly broken Kandara, his head bowed, when The Namibian approached him after he was fingerprinted at the Police Station.He said he had not expected to be arrested. “I came back to help this guy [presumably Josea] and they put me in this,” Kandara said, shocked at what had just happened and what lay in store for him.The charges against him are based on evidence that he misappropriated public funds and misrepresented himself.SSC legal counsel Andrew Corbett had set the scene for Kandara’s arrest only moments before it happened.He told Acting Judge Raymond Heathcote at the end of the day’s proceedings that the serious crime unit had “enough evidence to arrest and they will arrest”.Policemen managed to smuggle Kandara off the court premises without the public getting as much as a glimpse of the getaway car.His lawyer, Lucius Murorua, accompanied by legal counsel Dirk Conradie, who is representing former Avid director Otniel Podewiltz in the inquiry, were holed up in discussions with Kandara and the head of the Serious Crime Unit, Chief Inspector Oscar Sheehama, for close to an hour before Kandara was prepared to be led to the cells.Both Murorua and Sheehama said afterwards that an application for bail was not yet being considered.Kandara told The Namibian, however, that he would definitely instruct his lawyer to apply for bail.THINGS FALL APART The walls caved in around Kandara as he gathered up his documents from the witness stand at 18h00.A waiting Policeman would not grant him time to start discussions with his lawyer and urged him to follow him immediately, saying that his lawyer could meet him.His wife, Christophine, was briefly allowed to exchange a few words with him.But fearing that the crowd would mob Kandara once he appeared outside the confines of the courtroom, the Police decided against leading him out through the main entrance.Instead they escorted him through the underground passages.CONTEMPT CHARGE In the late afternoon, Acting Judge Heathcote’s patience with Kandara had worn thin, and he charged him with contempt of court for not answering questions “truthfully” and “honestly”.He suspended the sentence of incarceration until the end of proceedings, provided that Kandara started giving straight answers.Much of the afternoon session was dedicated to making Kandara recount every cheque that he wrote out from another one of his corporations, Dey-Yar Investments CC.Between April 22 and June 28 he dished out money, mostly for his own use and to his family, amounting to N$1,479 million.Here and there he could recall incurring an expense from this money to set up the Avid offices.With both Kandara and Josea in lock-up, all eyes are now fixed on the past and present directors of Avid and what lies in store for them.Heathcote told the court that when the curtain eventually comes down on the inquiry on September 8, he would consider whether to refer the allegations made against them to the Prosecutor General’s office for a decision to prosecute.He told the bench of attorneys present to “prepare their clients” for this.As Kandara’s testimony drew to an end after cross-examination from Corbett, the Avid main man told the court that he still believed that he would be able to return the SSC’s N$30 million by today.He said he had called Johannesburg trader Alan Rosenberg at lunchtime yesterday and was assured that the money would “come through”.”I don’t know what to believe anymore.It appears unlikely,” Heathcote responded.The last two days of the inquiry have been set for September 7 and 8.Heathcote said he would conclude the proceedings by making recommendations to Government and the public on how their funds could be better assured in future.