British millionaire’s son avoids jail for hit-and-run killing of a mother in Spain

A British millionaire’s son has escaped jail in Spain despite confessing to the hit-and-run zebra crossing killing of a mother-of-three in his father’s high-powered Bentley while high on drink and drugs.

Westley Capper, tried last year for kidnapping a missing waitress outside a Costa del Sol nightclub, was handed a suspended two-year jail sentence after admitting to Fatima Dorado’s manslaughter.

Westley Capper managed to avoid a jail sentence in relation to a hit and run that killed a Bolivian mother-of-three

Fatima Dorado, 40, (left) died after Westley Capper (right) hit her with his Bentley in May 2016

A British man named as Westley Capper was detained following the death in a hit run indecent of a woman last night in Marbella.

A British man named as Westley Capper was detained following the death in a hit run indecent of a woman last night in Marbella.

The mother-of-three died in hospital shortly after being hit on a zebra crossing in San Pedro de Alcantara near Marbella on May 9 2016. 

In a ruling out today Judge Ignacio Navas Hidalgo said he could remain a free man as long as he stayed out of trouble for the next three years and attended a road safety education course.

Essex-born Capper, whose wealthy dad John made his fortune from real estate, was able to avoid prison after striking a deal with prosecutors following a ‘blood money’ compensation payout to the victim’s family.

The Brit expat had his jail escape confirmed seven months after being cleared of kidnapping Agnese Klavina from celeb nightclub Aqwa Mist in Puerto Banus in a ruling which the missing woman’s family is appealing.

Agnese Klavina went missing from celeb nightclub Aqwa Mist in Puerto Banus in September 14. She was last seen getting into a car with Westley Capper and Craig Porter

Agnese Klavina went missing from celeb nightclub Aqwa Mist in Puerto Banus in September 14. She was last seen getting into a car with Westley Capper and Craig Porter

No trace of Agnese Klavina has been found since she was last seen with British pair on September 6 2014.

No trace of Agnese Klavina has been found since she was last seen with British pair on September 6 2014. 

Judges ruled pretty Agnese had not been forced into his Merc S63, concluding he had not committed the crime of illegal detention he was tried for and sparing him a possible prison sentence of up to 16 years.

He was instead convicted of a lesser crime of coercion relating to the way he got ‘drunk’ Agnese, 30 when she disappeared in the early hours of September 6 2014, to leave with him and was handed a two-year prison he is also appealing.

His co-defendant Craig Porter, who was also a passenger in Capper’s Bentley the night he killed Mrs Dorado, was also cleared of Agnese’s illegal detention but handed a six-month suspended prison sentence he too is contesting after being convicted of being Capper’s accomplice.

Westley Capper claimed he had gone out drinking on the night the Bolivian mother was killed after a court denied him travel to the UK to see relatives

Craig Porter, who was also a passenger in Capper's Bentley the night he killed Mrs Dorado

Westley Capper (left) claimed he had gone out drinking on the night the Bolivian mother was killed after a court denied him travel to the UK to see relatives. Craig Porter (right) was a passenger in the car on the night, and was also the co-defendant in the kidnapping case. 

Capper’s prosecution in the latest court case against him is understood to have been delayed by disagreements among the victim’s relatives about the compensation.

The sentencing judge, who laid out his ruling in a six-page document made public today, said: ‘It has been proven through agreement on all sides that around 7.50pm on May 9 2016 the accused was driving a Bentley GT with a UK numberplate owned by his father.

‘He had previously drunk alcohol and consumed cocaine which prevented him driving normally and meant he was a serious risk to other road users.

‘Acting with complete disregard for the most basic of traffic regulations, he accelerated suddenly to a speed of around 45mph in a 25mph zone.

‘At the same time a 40-year-old woman began to cross the road on a zebra crossing.

‘A Mercedes Sprinter car in front of him braked but due to his state of drunkenness and the fact he was under the influence of drugs and was travelling at high speed, he couldn’t stop his vehicle in time and hit his victim when she was on the zebra crossing, sending her flying several feet through the air onto the ground.

‘The accused didn’t stop but he was subsequently located and arrested nearby.’

As well as a suspended prison sentence, Capper was also given a two-year driving ban.

Local reports at the time of his arrest said the 42-year-old, who was nearly three times over the Spanish drink-drive limit, had just necked a vodka and tonic when he was tracked down to an Indian restaurant in Diana Park near San Pedro de Alcantara.

His lawyer Jorge Hoz revealed after he was remanded in prison following his arrest that he had confessed to the hit-and-run during an initial court quiz held in private.

He claimed at the time the expat was ‘repentant, ashamed and demoralised.’

Agnese Klavina's family do not believe the men were not involved with the blonde woman's disappearance in 2014. They are appealing a court ruling that absolved the two men of kidnapping her

Agnese Klavina’s family do not believe the men were not involved with the blonde woman’s disappearance in 2014. They are appealing a court ruling that absolved the two men of kidnapping her

This is the luxury celeb bar in Marbella where the blonde Latvian, Agnese Klavina, was last seen in September 2014.

This is the luxury celeb bar in Marbella where the blonde Latvian, Agnese Klavina, was last seen in September 2014. 

Mr Hoz also said Capper had told him he went out drinking after a court probing him over Agnese Klavina’s disappearance turned down his appeal to be allowed to travel to the UK to see relatives.

Capper, convinced of manslaughter and a traffic offence over Mrs Dorado’s death, paid more than £8,500 towards repatriation and funeral costs so she could be laid to rest in her native Bolivia.

The sentencing judge was also told he started paying her relatives nearly £950 a month in lost wages shortly after killing the restaurant worker migrant, and subsequently made an undisclosed compensation payment to relatives which resulted in them renouncing legal action against him.

Mrs Dorado’s youngest child was just one when she died. She also had two older children who stayed in Bolivia with their grandparents when she emigrated to Spain.

The family of missing Agnese Klavina have launched their own appeals against the kidnap acquittals of Capper and Porter. 

CCTV footage shows Westley Capper leaving the club with Agnese Klavina who went missing in September 2014

CCTV footage shows Westley Capper leaving the club with Agnese Klavina who went missing in September 2014 

The two men last seen with the waitress insist she came with them willingly and got out of their car on their way home

The two men last seen with the waitress insist she came with them willingly and got out of their car on their way home

The couple always insisted they never kept her against their will and she got out of their car after asking to be dropped off as they headed home to carry on partying.

Fernando Scornik, one of the lawyers representing Ms Klavina’s family, said before the duo’s trial started in March last year at a court in Malaga that she was ‘at the bottom of the sea.’

Ms Klavina’s older sister Gunta said after the duo was acquitted of the illegal detention of the Latvian-born blonde: ‘We are not at all happy about the judgement. We wanted justice for Agnese after all these years and we haven’t got it.

‘We are very sad about the court’s decision and that’s why we’re looking at the possibility and the best way of appealing.

‘It’s a fact Agnese disappeared after getting into the car of the two men who were on trial and I have never believed their versions of that night’s events. Whatever the court says, for me they’re lying.’

A decision on the outstanding appeals in the Agnese Klavina case is understood to be several months away.

The club where Ms Klavina, who spent several years living in London, was last seen is popular with Premiership footballers and was the scene of a wild fight in June 2016 in which ex-TOWIE star Jake Hall nearly lost a kidney.

Read more at DailyMail.co.uk

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