British millionaire businessman's son Westley Capper appears in court with co-accused over disappearance of blonde waitress Agnese Klavina from Costa del Sol nightclub Aqwa Mist

  • Agnese Klavina, 30, vanished from Puerto Banus resort on September 6
  • Had been on night out at Aqwa Mist nightclub popular with rich and famous
  • Westley Capper, 37, has already admitted driving her away in a Mercedes
  • He declined to answer questions in appearance before Spanish judge
  • Co-accused Craig Porter, 33, was in the car and also said nothing in court  
  • Capper's dad John specialises in buying and selling luxury properties

By MailOnline Reporter

Published: 18:59 GMT, 7 April 2015 | Updated: 20:33 GMT, 7 April 2015

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A multi-millionaire property developer's son is being questioned over the disappearance of a blonde waitress from a celebrity club popular with Premiership footballers and soap stars.

Privately-educated Westley Capper, 37, has already admitted driving Agnese Klavina, 30, away from the nightspot in the upmarket Costa del Sol resort of Puerto Banus.

Police believe 5ft 7in Agnese was forced into the vehicle. 

And the overweight expat - who has never been publicly named - showed he was in little mood for co-operating by refusing to be questioned after being summonsed to court yesterday.

Suspects Westley Capper (left) and co-accused Craig Porter outside court in Marbella yesterday after the hearing. They have both admitted being in the Mercedes with Agnese Klavina before she vanished

Suspects Westley Capper (left) and co-accused Craig Porter outside court in Marbella yesterday after the hearing. They have both admitted being in the Mercedes with Agnese Klavina before she vanished

Agnese, 30, disappeared after a night out at glitzy Puerto Banus nightclub Aqwa Mist on September 6

Agnese, 30, disappeared after a night out at glitzy Puerto Banus nightclub Aqwa Mist on September 6

A Cessna private jet owned by John Capper, multi-millionaire father of accused son Westley Capper. The tail fin features his nickname Fred

A Cessna private jet owned by John Capper, multi-millionaire father of accused son Westley Capper. The tail fin features his nickname Fred

The Spanish judge investigating Agnese's disappearance from trendy Aqwa Mist, where footballer Ashley Cole, Hollywood star Eva Longoria and boxer Amir Khan have all partied, was last night expected to order a fresh round of DNA tests after his hopes of an early breakthrough in the case foundered.

Capper, whose Essex-born dad John specialises in buying and selling luxury properties around the world, has had travel restrictions imposed on him while the investigation against him continues.

Co-accused Craig Porter, 33, also declined to answer questions during a closed court hearing in Marbella.

The two men left the hearing in an English-plated Range Rover they had left parked in a disabled bay near the court.

Agnese, whose British boyfriend, Michael Millis, is a former owner of west London club Westbourne Studios, vanished on September 6 last year after leaving Aqwa Mist with the two Brits.

She was spotted shortly before she left talking to a woman of Russian appearance and was wearing a multi-coloured halter neck dress and carrying a large white Louis Vuitton handbag.

Friends reported her missing later the same week along with her mother and sister after they flew to Spain when she failed to respond to calls and messages.

They discovered her clothes and bank cards were still at a nearby flat where she was staying.

Her friends and relatives put up missing posters around Marbella and the neighbouring resort of Puerto Banus. 

They also set up the 'Find Agnese Klavina' Facebook page linked to a GoFundMe page to help raise funds for legal fees linked to the search.

The waitress was spending the summer in Marbella after flying to the resort in May to start work as a receptionist at luxury beach club the Ocean Club. 

Capper has claimed he dropped her off near a flat she was staying at.

The missing person notice for Agnese, who was spending the summer in Marbella before she vanished

The missing person notice for Agnese, who was spending the summer in Marbella before she vanished

Authorities are probing the possibility Agnese was killed and her body thrown into the sea from a motorboat belonging to Capper's family

Authorities are probing the possibility Agnese was killed and her body thrown into the sea from a motorboat belonging to Capper's family

Westley Capper outside court
Capper claims he dropped off Ms Klavinia near a flat she was staying at for the summer

Capper (left) claims he dropped off Agnese (right) near a flat she was staying at in Marbella for the summer

Agnese was allegedly illegally detained by Porter and Capper, according to police who have studied footage from Aqwa Mist's car park

Agnese was allegedly illegally detained by Porter and Capper, according to police who have studied footage from Aqwa Mist's car park

Porter, from Liverpool, says he fell asleep on the back seat of a Mercedes they left the club in before the drop-off.

Forensic experts discovered a blonde hair in the boot of the car during a sweep of the vehicle but were unable to discover who the hair belonged to during initial tests.

Further tests are now expected to be ordered on the human hair and samples taken during a search of a motorboat belonging to Capper's family. 

The vessel was seized in a port in the province of Murcia, around 300 miles east of Marbella.

Agnese is pictured partying at Aqwa Mist  shortly before she went missing in September

Agnese is pictured partying at Aqwa Mist shortly before she went missing in September

Authorities are probing the possibility Agnese was killed and her body thrown into the sea from the boat, which left a port in Fuengirola near Marbella days after she vanished.

Capper and Porter are currently being investigated on suspicion of Agnese's illegal detention following the recovery of CCTV footage from Aqwa Mist's car park and a damning report by a Cracker-style criminal psychologist claiming her facial expressions show she did not leave the club voluntarily.

A doorman at the club was initially arrested alongside them for allegedly obstructing police inquiries - but the case against him dropped after he and the two Brits took part in a police reconstruction of the last night Agnese was seen alive.

The criminal inquiry is expected to become a homicide probe if new DNA tests show Agnese was in the boot of the car or on the motorboat.

Neither suspect has yet been formally charged with any crime, as is normal in Spain in the early stages of an investigation.

A secrecy order had been placed over the case, giving lawyers acting for the British suspects and Agnese's family limited access to information.

The order has now been lifted and the distraught mum and sister of Latvian-born Agnese, who was spending her summer working in Marbella after leaving her London home of the past five years, are now expected to be allowed to meet judicial authorities in Spain so they can be briefed on the investigation.

Aqwa Mist is one of four Marbella venues owned by international restaurant brand La Sala, whose shareholders include ex-Tottenham Hotspur players winger David Bentley and defender Dean Austin.

Footballer Ashley Cole is said to have spent £12,000 on champagne he then sprayed over his friends during a night out at Aqwa Mist the summer before last.

Left to right: Capper and Porter after their court appearance yesterday. A doorman at the club was initially arrested alongside them for allegedly obstructing police inquiries but the case against him was dropped

Left to right: Capper and Porter after their court appearance yesterday. A doorman at the club was initially arrested alongside them for allegedly obstructing police inquiries but the case against him was dropped

John Capper's private jet. A source said that his son Westley 'might not look like a multi-millionaire's son but he's never wanted for anything'

John Capper's private jet. A source said that his son Westley 'might not look like a multi-millionaire's son but he's never wanted for anything'

Left to right: Porter's lawyer Immaculada (whose surname is not known) and Jorge Hoz Garcia for Capper outside the Court in Marbella after the hearing yesterday

Left to right: Porter's lawyer Immaculada (whose surname is not known) and Jorge Hoz Garcia for Capper outside the Court in Marbella after the hearing yesterday

Hollywood star Eva Longoria, American actor and singer Terence Howard and boxer Amir Khan have also partied there since its opening in June 2012.

The stars of BAFTA award-winning reality TV soap opera TOWIE are also summer regulars at the club, which bills itself as Marbella's number one party venue.

Lawyers acting for the two Brits refused to comment as they left court.

A court official confirmed: 'Both suspects declined to answer questions from the judge.

'The investigation is ongoing.'

A source close to the case said: 'The judge has indicated he will order fresh DNA tests which may involve the use of Agnese's mum's DNA.

'He had important questions to ask the suspects and obviously would have preferred it if they had agreed to cooperate with his investigation.'

Capper's dad, known to friends as Fred, has made a fortune from purchasing and selling luxury properties across the world.

He has modernised and sold luxury villas in fortress estates like La Zagaleta near Marbella, home to some of the world's wealthiest people.

Agnese's lawyer Fernando Scornick outside court
Capper and Porter drove away from the hearing in a Range Rover they had left parked in a disabled bay near the court

Agnese's lawyer Fernando Scornick outside court (left). Capper and Porter (right) drove away from the hearing in a Range Rover they had left parked in a disabled bay near the court

One of his companies also boasts of assets including yachts and private jets.

An acquaintance, who asked not to be named, described him as 'mega-rich' and said he owned his own private plane with his name on the tail plate.

He is currently understood to be based in Gibraltar.

The source said: 'Westley might not look like a multi-millionaire's son but he's never wanted for anything.'

Agnese's mum Daiga, in an appeal for information about her daugther's whereabouts in February, said: 'We can't believe this is happening.

'It has now been nearly six months without our daughter - not knowing if she is still alive or where she may be.

'Please help us find our Agnese, our lives will never be the same if we don't see her again.

'If anyone has any information no matter how small, it could make a big difference to our efforts in finding her.'

An online register for the Cessna private jet owned by John Capper. He specialises in buying and selling luxury properties

An online register for the Cessna private jet owned by John Capper. He specialises in buying and selling luxury properties

Boyfriend Michael admitted at the time: 'The longer Agnese is missing the more pessimistic we are about ever seeing her alive again.

'I think if she was going to be found safe and well she would have contacted someone close to her by now and she hasn't.

A spokesman for the Find Agnese Klavina campaign said in a Facebook post: 'After seven months of waiting the secrecy of the case has finally been lifted by the Spanish authorities and as such the file of the case has been opened.

'We have had yesterday the spectacle of two of the accused men being 'interrogated' at court by the judge.

'Westley Capper and Craig Porter were repeatedly asked to answer questions relating to the case.

'They refused, citing their constitutional right to remain silent.

'Our Agnese has never been seen since [she disappeared six months ago].

'How can we still not have charges? 

'We want justice for Agnese and all the other unfortunate missing people in Marbella. Something has to change! 

'If any one has any information about what happened that night please let the police know.' 

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