Appeal attempt by ex-magistrate to stop criminal proceedings fails

12 Jul 2019 13:10pm
WINDHOEK, 12 JUL (NAMPA) – An appeal attempt by arrested former Windhoek magistrate Jaco Kennedy against the dismissal of his earlier application to have criminal proceedings against him put on hold, failed in the High Court here on Friday.
Kennedy, who is facing rape and kidnapping charges, wanted 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 (PG) to prosecute him.
Kennedy’s appeal against the dismissal of his earlier application to have his criminal proceedings put on hold, was again dismissed in a judgement handed down by Acting High Court Judge Kobus Miller on Friday.
Judge Miller said the applicant in his arguments did not present evidence which convinced the court that another court may come up with a different conclusion and grant his request to have criminal proceedings put on hold for the time being.
“When summing up the totality of the evidence presented before me, I am not persuaded that the Supreme Court of Namibia may come up with a different conclusion in connection with the applicant’s request,” he said as he refused to grant Kennedy leave to appeal against the dismissal of the earlier application.
Kennedy’s alleged rape case is now referred back to the High Court’s pre-trial conference of case management on 15 August 2019, for another judge to be appointed to preside over the trial.
In his failed application, Kennedy wanted the High Court to give clarity on several questions around the PG’s duties with regards to making decisions about the prosecution of people alleged to have committed criminal offences.
Local lawyer Braam Cupido appeared for Kennedy while State Advocate Innocentia Nyoni appeared for the respondent - the Office of the PG.
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 to in January 2015.
However, he was arrested again in January 2016 for allegedly raping another woman on 31 December 2015, again in an area between the Windhoek Central and Katutura State hospitals.
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 a warning.