Appeal by ex-magistrate charged with rape set for next week

28 Jun 2019 15:30pm
WINDHOEK, 28 JUN (NAMPA) - An appeal hearing by arrested former Windhoek magistrate, Jaco Kennedy, against the dismissal of his earlier application to have criminal proceedings against him put on hold, will be heard in the High Court here next week.
Kennedy, who is facing a host of rape and kidnapping charges, wants to have the proceedings of his criminal trial now underway in the High Court put on hold for the time being because he is also pursuing a civil legal challenge in the same court against a decision taken by the Office of the Prosecutor-General to prosecute him.
He wants the High Court to give clarity on several questions around the PG's duties with regards to making decisions about the prosecution of people who are alleged to have committed criminal offences.
He will also ask the court to put his criminal charges on hold until the High Court gives a ruling in respect of his civil legal challenge against the PG's decision.
The appeal hearing is set to begin before Acting High Court Judge Kobus Miller on 05 July.
The date for the hearing of the appeal was decided upon on Friday morning as per an agreement reached by the former magistrate's defence lawyer, Boris Isaacks and State Advocate, Innocentia Nyoni, in court.
In the main criminal matter, Kennedy, 32, faces three counts of rape, kidnapping, attempted murder and attempting to defeat or obstruct the course of justice in connection with the alleged rape of two women in January and December 2015 in the bushes between the Windhoek Central Hospital and Katutura State Hospital.
His co-accused and cousin Raymond Cloete, 33, is charged with two counts of rape and one count of kidnapping.
Kennedy was out on bail of N.dollars 3 000 in connection with the first incident in which he was charged with Cloete, for allegedly raping a woman they had offered a lift 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 accused Cloete, who is free on a warning.