Chilling CCTV footage captured the last time a missing waitress was seen alive before she was allegedly abducted by two Brits outside a Costa del Sol nightclub.
Multi-millionaire property developer’s son Westley Capper can be seen grabbing Agnese Klavina by the arm and pointing to his nearby Mercedes S63.
Craig Porter, who is currently on trial at a court in Malaga over Agnese’s disappearance along with Capper, was already in the Merc with tinted windows parked outside Aqwa Mist in the upmarket holiday resort of Puerto Banus.
The footage, analysed in court on the second day of their trial, shows Porter leaving the nightspot in shorts and a vest top with doorman Siani Ousmane walking close behind him in long trousers and a T-shirt.
Ousmane, who is accused of being an accessory to the Brits’ alleged crime by prosectors for Agnese’s family and not state prosecutors, is filmed opening the passenger door of the Merc so Porter can get in.
This CCTV footage shows the last time missing waitress Agnese Klavina was seen alive as she is led away from a celebrity night club in Costa del Sol by Westley Capper
Agnese, pictured, was last seen in the early hours of September 6, 2014. She was reported missing five days later when she stopped posting on social media
Capper’s friend Craig Porter, pictured, is also on trial at a court in Malaga over Agnese’s disappearance
The CCTV footage, obtained by police shortly after Agnese was reported missing five days after she left the club in the early hours of September 6, 2014, appears to show her trying to break free of Capper as he leads her towards the car.
Ousmane can be seen with his back turned towards the pair, and leaning into the vehicle to talk to Porter, as Capper talks with the missing girl and starts to escort her towards the car.
Other clubbers walk past them before they reach the Mercedes and at one point the overweight Brit can be seen putting his arm around her waist.
Latvian-born Agnese, who spent several years living in London before moving to Spain around six months before she disappeared, appears to get in the back seat herself after Ousmane opens the door for her.
The partygoer, wearing a white dress and carrying a matching large white handbag, can be clearly seen opening the back door of the vehicle after Capper seems to tip Ousmane before the doorman closes it on her again.
The two-minute long footage finishes with Capper getting into the driver’s side and leaving the nightclub car park as Ousmane, who described himself as the head of security at Aqwa Mist on the first day of the trial yesterday, goes back to work.
Porter and Capper, pictured in the white shirt, are facing up to 12 years in prison if convicted of a crime of unlawful detention. Doorman Siani Ousmane, also pictured, is accused of being an accessory to the crime
The footage appears to show her trying to break free of Capper as he leads her towards the car. Ousmane is seen holding open the door so she can get in
The British pair are facing up to 12 years in prison if convicted of a crime of unlawful detention.
State prosecutors said in an indictment that Essex-born Capper, 41, took advantage of the fact Agnese was drunk to lead her to his car and put her in before she was prevented from getting out and retained ‘against her will’.
They were told they faced prosecution over Agnese’s disappearance after a damning report from a specialist Madrid police team.
It endorsed the findings of an earlier local police report, which included the claims of a criminal psychologist who concluded Agnese’s facial expressions and body language showed she did not leave the club voluntarily.
The police report, crucial in the decision to prosecute Capper and Porter, described Agnese’s behaviour that night as that of a person ‘acting under the basic emotional response of fear’.
Private-school educated Capper, whose father John made his fortune from real estate, took the witness stand yesterday to deny any wrongdoing.
He admitted to trying to persuade Agnese to come back to his luxury home on an upmarket residential estate a 20-minute drive from the club to carry on partying.
But he insisted he dropped her off on the way – in high heels and around a 40 minute walk from where she was living – after she told him: ‘Stop here, I’ve changed my mind, I want to go home, this is where I live.’
Porter, 37, from Liverpool, told the court he was ‘drunk and tired’ and fell asleep on the journey to his friend’s house and only discovered Agnese was no longer with them when they got there.
The pair also denied boarding Capper’s boat four days later at Puerto de la Duquesa near Gibraltar with a large suitcase and carpet, and two other men who are not on trial, to dispose of her body at sea.
The pair have also denied boarding Capper’s boat four days later at Puerto de la Duquesa near Gibraltar with a large suitcase and carpet to dispose of her body at sea
Agnese, who was 30 when she disappeared, left her restaurant wages untouched in her bank account.
The kidnap trial heard yesterday her mobile phone stopped emitting a signal around five hours after she was last seen and her social media accounts, which she used regularly, have not been touched since the night she was in Aqwa Mist.
Today Agnese’s mother Daiga and sister Gunta were among witnesses who gave evidence.
They told the court they had travelled from Latvia to report her missing on September 11 after her ‘out of character’ disappearance.
Capper and Porter, who are being prosecuted by the Spanish state as well as lawyers acting for Agnese’s family, are pleading not guilty to a crime of unlawful detention.
Ousmane, who the lawyers for Agnese’s family want sentenced to eight years in prison if he is convicted of being an accessory to the Brits’ alleged crime, has also pleaded not guilty.
Their fate will be decided by three professional judges and not a jury.
The trial is due to last four days but is not expected to finish till the start of next month.
Capper is facing a separate manslaughter trial expected to take place later this year over the hit-and-run death of a mother-of-three on a zebra crossing in San Pedro near Marbella while high on alcohol and cocaine.
Bolivian immigrant Fatima Dorado was knocked down in in May 2016 and prosecutors in a pre-trial indictment have called for him to receive a two-and-a-half year prison sentence if convicted after a trial. No trial date has yet been set.
Father-of-four Porter was a passenger with him in the Bentley that hit Mrs Dorado but he is not facing prosecution.