Ex-magistrate Kennedy loses appeal against bail refusal

08 Jun 2016 14:00pm
WINDHOEK, 08 JUN (NAMPA) - A former magistrate will have to spend more time in police custody after the High Court dismissed his appeal against a decision taken in the Katutura Magistrate's Court for the refusal of bail on a second charge of rape.
The former Windhoek-based Magistrate, Jaco Kennedy was out on N.dollars 3 000 bail in connection with an incident in which he and another man allegedly raped a woman they had offered a lift to Otjomuise in January 2015.
He was however arrested again in January 2016 for allegedly raping another woman on 31 December 2015 - also in an area between the Windhoek Central and Katutura State Hospitals as with the first incident.
Kennedy, who has been in police custody at the Windhoek Central Correctional Facility since his arrest on the second charge, brought an urgent appeal against the lower court's decision before High Court Judge Alfred Siboleka at the beginning of May this year.
The appeal against the refusal of bail on the second charge of rape was however dismissed on Wednesday in a judgement handed down by Judge Siboleka.
“The appellant's personal circumstances were considered including the fact that he has relatives in neighbouring South Africa and that rape is a very serious offence. It is my considered view that it would not have been in the public interest for the Magistrate to grant bail to the appellant in such circumstances.
“I did not find any misdirection in the decision taken by the Magistrate to grant bail to the appellant on a second charge of rape,” said Judge Siboleka as he dismissed the appeal.
Kennedy's privately instructed defence lawyer Boris Isaaks said he will immediately lodge an appeal against High Court Judge Siboleka's ruling.
Kennedy, 28, is charged with his cousin, Ray Cloete, 30, for the alleged rape of a 43-year-old woman between the Windhoek Central and Katutura State hospitals, before Kennedy allegedly raped another woman in the same area.
State Advocate Innocencia Nyoni represented the prosecution during the failed appeal by Kennedy.