Ex-magistrate charged with rape finally going on trial in May

25 Feb 2019 15:40pm
WINDHOEK, 25 FEB (NAMPA) – The trial of a former Windhoek magistrate and his cousin arrested for allegedly raping two women, will finally begin in the High Court here in May this year.
Former magistrate Jaco Kennedy, 28, and his cousin Ray Cloete (age not mentioned) made another appearance before High Court Judge Kobus Miller on Monday, when they were informed that their rape trial will start on 13 May 2019.
Kennedy is also scheduled to bring a civil application before the High Court on 16 April 2019 in which he will challenge the State’s refusal to release him on bail, as well as the alleged unlawful and prolonged detention in police custody at the Windhoek Central Correctional Facility without the option to post bail.
He faces another dilemma as he has not had legal representation since June last year as he has not yet secured the services of any defence counsel.
The prosecution already gave the two accused full disclosure on the State’s case, which amongst others includes a charge sheet with details of the charges levelled against him, a list of the names of State witnesses and their statements and a photo plan.
Kennedy was out on bail of N.dollars 3 000 in connection with an incident in which he was charged with his cousin, Cloete, for allegedly raping a woman they had offered a lift to 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 is in police custody at the Windhoek Central Correctional Facility’s trial-awaiting section since his arrest in January 2016 on the second rape charge with no option to post bail.
Government-funded defence lawyer Milton Engelbrecht is defending Cloete, who is free on warning.
State Advocate Innocentia Nyoni represented the prosecution.