13 December 2012

Namibia: No Bail for Farm Murder Accused

TWO of the men accused of robbing and murdering an elderly couple at their farm in the Omaruru area in March 2009 will have to wait until April next year before they can try again to get released on bail.

With their co-accused, Ebson Tumbireeko, who is also known as Daniel Kavari, still a fugitive from justice, Rafael Kahinatjo (47) and Gabriel Uazeua (35) returned to the High Court in Windhoek yesterday in an attempt to launch a fresh application for their release on bail.

Their latest effort to secure bail ended with a ruling by Judge Nate Ndauendapo that it would not be in the interest of justice to grant bail to them at this stage. Judge Ndauendapo said in his view the State should still be given an opportunity to try to trace and rearrest Tumbireeko.

The three men’s case has been postponed to April 5.

If Tumbireeko (32) has still not been rearrested by then, bail for his two co-accused can be reconsidered, the judge said.

Tumbireeko, Kahinatjo, and Uazeua are facing eight charges in connection with an armed robbery which took place at a smallholding in the Omaruru area on November 16 2008, and a double murder which was committed at farm Parry, situated south-east of Omaruru, during the night of March 12 to 13 2009.

During that night, farmer Jan Hendrik (‘Jannie’) Kruger (80) and his wife, Johanna Jacoba (‘Toets’) Kruger (73), were murdered when they were shot dead in their house.

It is alleged that their house was then ransacked and goods including two firearms and a briefcase were stolen from them.

It is also alleged that a revolver which had been stolen during the robbery in November 2008 was used to commit the double murder at the farm four months later.

Uazeua was a former employee of the Krugers, a police officer has told the court during a previous unsuccessful bail application by Uazeua.

The three accused men were arrested about a month after the Krugers had been murdered. Tumbireeko then escaped from police custody at Omaruru in February 2010. He has evaded the police since then.

Kahinatjo and Uazeua were represented by defence lawyer Lucia Hamutenya yesterday. State advocate Ethel Ndlovu represented the prosecution.

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