Kandara inquest to start over

THE inquest into the gunshot death of the late Lazarus Kandara was sent back to the starting blocks yesterday.

Kandara is alleged to have shot himself in front of the Windhoek Police Station on the night of August 24 last year after he was arrested earlier that day on charges of alleged fraud in connection with the N$30 million Avid-SSC case. Three-and-a-half days of court proceedings and 12 witnesses’ testimony that was heard in that time, have now come to naught, after the High Court ordered that the inquest must restart from the beginning.That should take place before a Magistrate other than Magistrate Maria Mahalie, who presided over the inquest from March 22 to 27, the court also ordered.In addition, Magistrate Mahalie has been ordered to pay the costs of the High Court application asking for her recusal from the inquest proceedings.In terms of yesterday’s order issued by Judge Kato van Niekerk, Magistrate Mahalie has to pay some of the costs in her official capacity.That means that the State will have to foot that bill.However, the main part of the legal costs – those resulting from her opposition of the application for her recusal – will have to be paid by the Magistrate in her personal capacity.This will be on a punitive scale as between an attorney and own client, the Judge ordered.Reasons for the court’s order will be provided in due course, the Judge said in the order.Judge Van Niekerk reserved her judgement on the application for Magistrate Mahalie’s recusal after hearing arguments from senior counsel Dave Smuts, representing the applicants in the case, and Shafimana Ueitele, representing Mahalie, on June 7.The applicants were three still-serving members of the Namibian Police’s Serious Crime Unit – Detective Sergeants Linekela Hilundwa and Frans Kantema, and Detective Constable Chaolin Tjitemisa – and the former Commanding Officer of the Unit, ex-Detective Chief Inspector Oscar Sheehama.All four were involved in the first few hours of the arrest of Kandara on August 24.Kandara was arrested on charges of fraud and theft after giving a second day of testimony in the High Court in Windhoek.This was given during a Companies Act inquiry into the inability of an asset management company that Kandara had set up, Avid Investment Corporation, to repay a N$30 million investment that the Social Security Commission had entrusted to the company in January last year in order to be invested for a four-month period.After Kandara was taken through the usual post-arrest procedures, such as having his fingerprints taken, and was allowed to consult with his lawyer, Lucius Murorua, at the offices of the Serious Crime Unit, Sheehama delegated Hilundwa, Kantema and Tjitemisa to escort Kandara to his house in Windhoek.According to Sheehama, that was to enable Kandara to collect medication and personal belongings that Kandara claimed he would need when he was to be locked up in custody later that evening.Seconds after Kandara and the three Police officers escorting him arrived back at the Windhoek Police Station at around 22h30, Kandara suffered a fatal gunshot wound to his chest.According to the Police, he shot himself with a 9mm pistol that was registered in his name.It is alleged that he had managed to get hold of the pistol, and had succeeded in hiding it from the Police escorts, during the visit to his house.According to Murorua, who testified during the inquest proceedings that have now been aborted, Kandara made a remark to him at the Serious Crime Unit offices to the effect that he was going to kill himself.Murorua testified during the inquest that he had relayed Kandara’s statement to Hilundwa.The officers have so far denied receiving the warning from the lawyer.When Murorua was giving that evidence in the inquest, the Policemen were still outside the courtroom where the inquest was taking place, waiting for their turn to testify.While their lawyer, Sisa Namandje, was at that stage allowed to sit in during the proceedings, he was not allowed to question witnesses on his clients’ behalf.This turned out to be one of the main grounds on which the officers approached the High Court to ask that Magistrate Mahalie should no longer be allowed to conduct the inquest.Sheehama and the three other officers claimed in the High Court that they had a reasonable apprehension that the Magistrate might be biased against them.They claimed this was based on the Magistrate’s initial refusal to allow them to be fully legally represented during the inquest and on claims that the Magistrate had attended Kandara’s funeral at Otjiwarongo – which the Magistrate has since denied.Three-and-a-half days of court proceedings and 12 witnesses’ testimony that was heard in that time, have now come to naught, after the High Court ordered that the inquest must restart from the beginning.That should take place before a Magistrate other than Magistrate Maria Mahalie, who presided over the inquest from March 22 to 27, the court also ordered.In addition, Magistrate Mahalie has been ordered to pay the costs of the High Court application asking for her recusal from the inquest proceedings.In terms of yesterday’s order issued by Judge Kato van Niekerk, Magistrate Mahalie has to pay some of the costs in her official capacity.That means that the State will have to foot that bill.However, the main part of the legal costs – those resulting from her opposition of the application for her recusal – will have to be paid by the Magistrate in her personal capacity.This will be on a punitive scale as between an attorney and own client, the Judge ordered.Reasons for the court’s order will be provided in due course, the Judge said in the order. Judge Van Niekerk reserved her judgement on the application for Magistrate Mahalie’s recusal after hearing arguments from senior counsel Dave Smuts, representing the applicants in the case, and Shafimana Ueitele, representing Mahalie, on June 7.The applicants were three still-serving members of the Namibian Police’s Serious Crime Unit – Detective Sergeants Linekela Hilundwa and Frans Kantema, and Detective Constable Chaolin Tjitemisa – and the former Commanding Officer of the Unit, ex-Detective Chief Inspector Oscar Sheehama.All four were involved in the first few hours of the arrest of Kandara on August 24.Kandara was arrested on charges of fraud and theft after giving a second day of testimony in the High Court in Windhoek.This was given during a Companies Act inquiry into the inability of an asset management company that Kandara had set up, Avid Investment Corporation, to repay a N$30 million investment that the Social Security Commission had entrusted to the company in January last year in order to be invested for a four-month period.After Kandara was taken through the usual post-arrest procedures, such as having his fingerprints taken, and was allowed to consult with his lawyer, Lucius Murorua, at the offices of the Serious Crime Unit, Sheehama delegated Hilundwa, Kantema and Tjitemisa to escort Kandara to his house in Windhoek.According to Sheehama, that was to enable Kandara to collect medication and personal belongings that Kandara claimed he would need when he was to be locked up in custody later that evening.Seconds after Kandara and the three Police officers escorting him arrived back at the Windhoek Police Station at around 22h30, Kandara suffered a fatal gunshot wound to his chest.According to the Police, he shot himself with a 9mm pistol that was registered in his name.It is alleged that he had managed to get hold of the pistol, and had succeeded in hiding it from the Police escorts, during the visit to his house.According to Murorua, who testified during the inquest proceedings that have now been aborted, Kandara made a remark to him at the Serious Crime Unit offices to the effect that he was going to kill himself.Murorua testified during the inquest that he had relayed Kandara’s statement to Hilundwa.The officers have so far denied receiving the warning from the lawyer.When Murorua was giving that evidence in the inquest, the Policemen were still outside the courtroom where the inquest was taking place, waiting for their turn to testify.While their lawyer, Sisa Namandje, was at that stage allowed to sit in during the proceedings, he was not allowed to question witnesses on his clients’ behalf.This turned out to be one of the main grounds on which the officers approached the High Court to ask that Magistrate Mahalie should no longer be allowed to conduct the inquest.Sheehama and the three other officers claimed in the High Court that they had a reasonable apprehension that the Magistrate might be biased against them.They claimed this was based on the Magistrate’s initial refusal to allow them to be fully legally represented during the inquest and on claims that the Magistrate had attended Kandara’s funeral at Otjiwarongo – which the Magistrate has since denied.