Laurence Dollimore
WESTLEY Capper has been found guilty of coercion over his role in the disappearance of Agnese Klavina.
Privately-educated Capper, 41, was handed a two-year suspended sentence at a Malaga court today, meaning he will not serve any jail time.
Porter, 37, was reportedly given just six months on similar charges but this has yet to be confirmed.
Robert Taylor, of Cubism Law in London, representing Capper, told the Olive Press tonight: “My client has received a two year sentence for coercion which is to be suspended.
“I also understand that the judgement finds that he had no intention to take Agnese Klavina against her will and that she entered my client’s car of her own volition.”
He added: “I can also confirm that my client intends to appeal against his conviction for coercion.”
Taylor said he has yet to receive the full translated transcript of the judgement.
The bouncer who was captured on CCTV helping Klavina get into the car with Porter and Capper before she disappeared was reportedly not found guilty on any charges, but this has also not been confirmed.
Both Brits are believed to have been ordered to pay €10,000 to the family of Agnese and pay one third of their legal costs, according to Facebook group Find Agnese Klavina, which is linked to sources close to the case.
“The court went against recommendation of Fiscal on both sentencing and compensation,” the group said.
Lawyers acting on behalf of Klavina have yet to respond to our request for comment.
Prosecutors were seeking a 12-year sentence for both Capper and Porter for kidnapping and €84,354 in compensation to the family of Klavina.
During last month’s trial, they had shown security camera footage from the Aqwa Mist nightclub in Marbella showing Klavina being seemingly forced into a Mercedes S63 AMG occupied by Capper and Porter.
The footage is the last known sighting of the young woman before her disappearance, and according to the prosecution, it showed ‘to the simplest of the observers, that she was being driven against her will.’
The clip was shown alongside testimony from Policia Nacional, which said Klavina showed clear signs of feeling under threat.
The force added that the footage showed a clear struggle between her and Capper, who grabs her tightly on the wrist.
She tries to retreat from the Brit, police said, never turning her back, an instinctive move when facing a perceived threat.
Klavina had been in Marbella for only six months and was working at two chiringuitos as a waitress.
The prosecution argues that Agnese showed an ‘active resistance’ to go with the individual, who ‘took her arm and pulled her into his vehicle’.
Just a few metres away, another man, who had a slimmer figure, was seen talking to the doorman before also getting into the car.
The police soon identified the bald man as Westley Capper, while the thinner one was revealed to be Craig Porter.
According to Marbella prosecutors, the two Brits asked Klavina to go home with them to the El Madroñal urbanisation, also in Marbella, ‘which she openly refused’.
The Brits then drove to their urbanisation, ‘holding her against her will’, prosecutors alleged.
The Brits, meanwhile, claimed they were innocent and that they dropped Klavina off at a roundabout on the Ronda road.
Prosecutors also used footage from La Duquesa port, in Manilva, which showed Capper and two others ‘carrying a large red suitcase’ onto the Brit’s Giofill III yacht.
The group headed for Ibiza but broke down during the voyage, forcing them to dock in Cartagena in Murcia.
Police boarded the ship and found a blonde hair and other traces of DNA, however they did not match Klavina.
The verdict comes almost three years after Capper and Porter were involved in a deadly hit-and-run.
Capper ran over and killed Fatima Dorado Para, a 40-year-old Bolivian mother, in San Pedro, while under the influence of alcohol and cocaine.
The Olive Press revealed how the pair went for a curry in Estepona immediately after before being arrested by police.
Prosecutors sought a two-and-a-half year sentence for Capper, who was driving the Bentley at 75km/h in a 40km/h zone.
Capper paid €300,000 to the court for ‘possible compensation’ to the family of Fatima and is believed to have been spared jail.
