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Wednesday, December 20, 2006 - Web posted at 7:20:49 GMT

Bail given to Tsumkwe crime wave suspect

Werner Menges

A TSUMKWE farmer who is accused of having conducted a reign of terror amongst his San neighbours has been granted bail after spending more than four months in Police custody.

Benedictus Tjipetekera (43) was granted bail of N$10 000 by Magistrate André le Roux on Tuesday last week, after he and his lawyer, Jan Wessels, had taken a renewed application for his release from Police to the Grootfontein Magistrate's Court.

An initial bail application was refused by Magistrate Le Roux in mid-August, about a week after Tjipetekera's latest arrest on one of close to two dozen criminal charges that he is currently facing in the Grootfontein and Tsumkwe Magistrate's Courts.

Among the 23 charges that Tjipetekera faces so far are one charge of rape, three counts of assault with intent to do grievous bodily harm, three counts of kidnapping, four charges of pointing of a firearm, five counts of common assault, and two counts of defeating the course of justice.

He is also facing a charge of malicious damage to property, in which it is alleged that he had damaged someone's artificial leg when he attacked the person with a knobkierie.

Some of those charges date back to early this year; others date back as far as mid-2003 and mid-2004.

Most of the kidnapping and assault charges stem from allegations that Tjipetekera has been rounding up members of the San community in the area where he has been farming near Tsumkwe, and that he has been accusing them of stealing some of his livestock and has beaten them up with the aim of forcing confessions out of them.

In one of these alleged incidents, it is claimed, a woman with a baby strapped to her back was also beaten up - with the baby also allegedly being hit by some of the blows directed at the mother.

The arrest that finally led to him being detained by the Police was on a charge in which he and a co-accused are alleged to have raped a pregnant woman at Rooidag, which is situated on the road leading from Grootfontein to Tsumkwe, on July 17 this year.

The complainant is allegedly the sister of another complainant who had earlier laid an assault charge against Tjipetekera.

The Magistrate granted Tjipetekera bail last week after he had heard testimony that Tjipetekera was suffering from a serious heart condition, that most of the complainants involved in the charges against him have in turn in the past been accused of stealing livestock from Tjipetekera and that they might as a result have a motive to falsely accuse him, and that Tjipetekera was offering to move away from the Tsumkwe area if he was to be released on bail.

The Magistrate granted bail on condition that Tjipetekera takes up residence at the home he said he has at Otjinene in the Omaheke Region, that Tjipetekera may not enter the district of Grootfontein or Tsumkwe except for attending further court appearances by himself, and that he may not in any way interfere with State witnesses involved in the cases against him.

Tjipetekera further has to report to the Police at Otjinene each Friday, the court ordered.

He has to appear in court again on February 9.

Public Prosecutor Frieda Matsi represented the State during last week's bail hearing.

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