TWO BRITISH defendants on trial over the disappearance of a Latvian waitress from a Marbella nightclub have been cleared of kidnap and found guilty of coercion.
Malaga Provincial Court handed Westley Capper, 41, and Craig Porter, 37, jail terms of two years and six months respectively. The court convicted them of coercing 30-year-old Agnese Klavina into getting into Capper’s Mercedes in September 2014.
Siana Ousmani, a bouncer at the nightclub who also stood trial in connection with Klavina’s disappearance, was cleared of all charges.
Capper and Porter’s prison sentences may be suspended due to Spanish laws which state first time offenders jailed for two years or less can be spared a custodial sentence.
The court said in its ruling that Porter and Capper, originally from Essex and Liverpool respectively, met Klavina while in the Puerto Banus nightclub on September 6 2014.
Klavina had been separated from friends when she began talking to the two men and another woman. Porter and Capper invited both to Porter’s home in the El Madroñal urbanisation.
The court said the 30-year-old had been ‘reluctant’ to go with the men. It ruled Capper took advantage of her ‘obvious drunken state’ and his strength to put Klavina in the car.
Klavina got into the back of Porter’s Mercedes S63 AMG and tried to open the door, though her intention is unknown. The door was closed again and the men drove off.
Nightclub CCTV footage showed Klavina getting into the car. She was not been seen since and is now feared dead.
The court ordered Porter and Capper to pay €10,000 in compensation to Klavina’s family.