Spain Agnese Klavina - Latvian woman taken by Brits in Spain 2014

The thing is they are not being charged with murder, assault, or concealment, only with kidnapping and i guess 12 is the max sentence for that crime. If i am understanding it correctly the judge is the one deciding the sentence, and he could decide to give them less than that even. 12 is just what the prosecutor wants.

So they can't go for a murder charge without a body?
 
Arranca el juicio a dos británicos acusados de la desaparición de una joven en Marbella en 2014

Its unbelievable that he has gotten away with murder twice, since even if he loses this trial and goes to prison for 12 years (that its not even 12 real years, he will probably only spend half of that in prison) he is only being charged with kidnapping, not with murder. He seems like a total psychopath.

Thanks 123Spain. Is this an unusual case in Spain? Presume they must have thought the suspects’ account was plausible?

I read that the sentence length for unlawful detention is very similar to that of homicide:

Homicide in Spain - Wikipedia

“It is found in article 138 which states: "He who kills another will be punished, as a defendant of homicide, with a prison sentence of ten to fifteen years".

She was last seen on 6th September 2014 and the suspects were allowed to travel on a boat from Puerto de la Duquesa towards Ibiza. The neighbouring Alboran Sea has an average depth of 1,461 feet. Imagine the chances of finding a large suitcase there are near to impossible...

If only a crowdfunding could be launched to fund a private search This wishful thinking was inspired by the search for the footballer Emiliano Salo, where €300,000 was raised for a private search following a plane crash.

Sala plane wreckage found in Channel

But this involved a famous footballer, a plane with an indentifiable route and a depth of 200ft:(. And even if the maximum of 15 years was given, seems he could be out in half the time

So we will just have to rely on the courts to make this right for the poor girl and her family. And other women who will may in future find themselves in similar circumstances
 
This case sounds horrifying, that poor lady.

I found this article in which it stated:
"Police records show he called his pal’s phone 14 times between 6.23am and 6.38am before ringing him repeatedly later the same morning."

Waitress ‘vanished after leaving Costa Del Sol nightclub with two Brits’

If they left the club at 6am, something must have happened rather quicky?

And couldn't the police also have brought the cadaver dogs to the house/boat to try and get more evidence against these monsters?

Bless her family and friends.
 
The thing is they are not being charged with murder, assault, or concealment, only with kidnapping and i guess 12 is the max sentence for that crime. If i am understanding it correctly the judge is the one deciding the sentence, and he could decide to give them less than that even. 12 is just what the prosecutor wants.

Charging for kidnapping when LE cant find the body has been somewhat of a trend in the US too lately.

It kind of makes sense if they can prove they took her (i.e. video) but cannot yet prove they actually killed her. Even though everyone knows they likely did kill her.

What LE needs is for one of the perps to testify against the other and then maybe a murder charge could be added.
 
So they can't go for a murder charge without a body?

I believe any overwhelming evidence that proves a murder was committed by them could cause a murder charge (like tons of blood found that is not survivable, an eye witness to the murder, etc.), although a body being found is most helpful.

But like in the Kelsey Bereth case, LE was still able to charge PF with murder because they have another person that was basically with him after the fact that helped cleanup the bloody crime scene and is going to testify against him. She also was with him when he allegedly burned the body according to her and she is planning to testify to the burning of the body.

Of course a body is one of the most helpful things because it proves a person is deceased.
 
Thanks 123Spain. Is this an unusual case in Spain? Presume they must have thought the suspects’ account was plausible?

Sadly i dont think this tipe of crime is completely unheard of, but you usually see it with mafias and prostitutes and not with a rich british heir and a waitress. To be honest this case is barely receiving atention here in Spain, the news i found are mostly local.
I dont think they have believed for one second that their account was plausible its just a lack of evidence.
 
My bet is that this rich British heir has the best attorney money can buy and will probably get off with a slap on the wrist, if that. I would hope that the Spanish authorities then kick his butt out of the country and declare him persona non grata. People like him are the reason I stopped going to Puerto Banus in the mid 90s. It used to be a beautiful, fun place to holiday. Now it’s filled with his kind of hooligans. I rather vacation anywhere else in Spain but there. (I now live in the US but was born in Spain. Immigrated to the US when I was 6 years old then lived in Madrid from 85-95.)
 
20 Mar, 2019
Westley Capper arrives at Malaga court on last day of Agnese Klavina trial after damning CCTV footage shown to court - Olive Press News Spain
"THE trial over the disappearance of Agnese Klavina is entering its last day today.

Westley Capper and Craig Porter, who were the last to be seen with the Latvian woman on September 6, 2014, are each facing a 12-year sentence.

Privately-educated Capper arrived at the Malaga court today in a black Mercedes and was wearing dark sunglasses.

He is seeking ‘complete absolution’, with the defense arguing there is no evidence connecting him to Klavina’s disappearance.

That is despite 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."
 
rbbm.
It was suggested that Ms Klavina was intoxicated, which i question considering she worked at 2 jobs, was new to the country and still looked fabulous.
It would not be surprising if AK was "roofied".
Faint hope for life, might be if AK was sold into a sex trafficking ring.
Complete speculation, imo.
Westley Capper arrives at Malaga court on last day of Agnese Klavina trial after damning CCTV footage shown to court - Olive Press News Spain
"The footage is the last known sighting of the young woman before her disappearance, and according to the investigating judge, it showed ‘to the simplest of the observers, that she was being driven against her will.’

The clip was shown in court yesterday alongside testimony from Policia Nacional, which said Klavina showed clear signs of feeling under threat.

The force added that the footage shows 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. "
"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’."

"Klavina had been in Marbella for only six months and was working at two chiringuitos as a waitress.

The judge in the case agreed that Agnese showed an ‘active resistance’ to go with the individual, who ‘took her arm and pulled her into his vehicle’."

"Prosecutors will also use footage from La Duquesa port, in Manilva, which shows Capper and two others ‘carrying a large red suitcase’ onto the Brit’s Giofill III yacht."
 
Unfortunately for the locals, the Costa del Sol has traditionally (allegedly) been one of our biggest ‘customers’ for exports of assorted British villains. This case would lead one to speculate that they have gained some influence over here..

I hope Spain and Britain can arrive at an amicable decision for a deserted island for his next destination :mad:!
 
Why would they kill this beauty, would she not be "worth" more alive?
If AK was in fact stuffed into a red suitcase and dumped into water, is there no way it could be spotted by underwater radar? speculation.
COSTA DEL SOL KIDNAPPING: Trial date set for two Brits accused following Agnese Klavina's disappearance in 2014 - Euro Weekly News Spain


Trial of two Brits accused following Agnese Klavina’s disappearance in 2014 due in Costa del Sol court TODAY - Euro Weekly News Spain

“would she not be "worth" more alive?”
I don’t think he needed the money.
 
“would she not be "worth" more alive?”
I don’t think he needed the money.
True, but some always want more, more, more, imo.

Porter and Capper, pictured in the white shirt, are facing up to 12 years
 
May 17 2019
Brits cleared of kidnapping missing Latvian waitress in Costa del Sol | Metro News
"Westley Capper, 41, from Essex, was found guilty of a lesser crime of coercion relating to the way he got waitress Agnese Klavina, 30, to leave with him outside the Aqwa Mist nightclub, in Costa del Sol. Fellow defendant Craig Porter, 37, from Liverpool, was convicted of being Capper’s accomplice. Expat Capper received a two-year prison sentence and Porter was handed a six-month jail term but they are both likely to walk free because under Spanish law sentences of two years or less for first-time offenders are normally suspended. A third man who was tried – Aqwa Mist club doorman Siane Ousmani – was cleared of all charges."

"No DNA evidence was ever uncovered in the Mercedes or a boat Capper and Porter went out to sea on from Puerto de la Duquesa port near Gibraltar shortly after Ms Klavina’s disappearance."
 

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