Former magistrate remains behind bars
A former magistrate’s third attempt to be released on bail was rejected in the Windhoek High Court yesterday.
Jaco Kennedy stands accused of raping two women.
He was arrested in January 2015 alongside his co-accused, Ray Cloete. The two allegedly raped a 43-year-old woman on the road between the Katutura State Hospital and Windhoek Central Hospital on 3 January 2015.
Kennedy was released on bail of N$3 000, but was arrested again on 30 January 2016 on a second charge of rape related to an incident in December 2015 when he allegedly raped a victim in his vehicle.
Both men pleaded not guilty at the start of their trial.
After Kennedy's second arrest, he was refused bail and his formal application for bail was also rejected in the Katutura Magistrate's Court. He appealed this decision in the High Court before Judge Alfred Siboleka, but his appeal was unsuccessful.
New facts
Although Kennedy's latest bail application was based on new facts, Judge Marlene Tommasi still rejected the application.
Kennedy asked the court to grant his application so that he could prepare for his trial and work to earn money to pay his legal representative.
He also referred to a petition signed by around 30 people demanding that he be released.
The State opposed his application on the grounds he could possibly interfere with witnesses or the investigation, or try to flee.
If released, Kennedy is likely to commit similar offences as he allegedly committed in the past while out on bail, the State argued.
Civil proceedings
Kennedy is also involved in several civil proceedings. He filed a case against public prosecutor Innocentia Nyoni, in which he demanded that she be removed from his case. That application was dismissed, as was Kennedy's application for leave to appeal the decision in the High Court.
Kennedy further brought an application to challenge a section of the Criminal Procedure Act. This case is still pending.
According to him, he is entitled to see witnesses in person while they testify, and the use of CCTV cameras violates his rights.
This is specifically related to the complainants who filed the two charges of rape against him.
Jaco Kennedy stands accused of raping two women.
He was arrested in January 2015 alongside his co-accused, Ray Cloete. The two allegedly raped a 43-year-old woman on the road between the Katutura State Hospital and Windhoek Central Hospital on 3 January 2015.
Kennedy was released on bail of N$3 000, but was arrested again on 30 January 2016 on a second charge of rape related to an incident in December 2015 when he allegedly raped a victim in his vehicle.
Both men pleaded not guilty at the start of their trial.
After Kennedy's second arrest, he was refused bail and his formal application for bail was also rejected in the Katutura Magistrate's Court. He appealed this decision in the High Court before Judge Alfred Siboleka, but his appeal was unsuccessful.
New facts
Although Kennedy's latest bail application was based on new facts, Judge Marlene Tommasi still rejected the application.
Kennedy asked the court to grant his application so that he could prepare for his trial and work to earn money to pay his legal representative.
He also referred to a petition signed by around 30 people demanding that he be released.
The State opposed his application on the grounds he could possibly interfere with witnesses or the investigation, or try to flee.
If released, Kennedy is likely to commit similar offences as he allegedly committed in the past while out on bail, the State argued.
Civil proceedings
Kennedy is also involved in several civil proceedings. He filed a case against public prosecutor Innocentia Nyoni, in which he demanded that she be removed from his case. That application was dismissed, as was Kennedy's application for leave to appeal the decision in the High Court.
Kennedy further brought an application to challenge a section of the Criminal Procedure Act. This case is still pending.
According to him, he is entitled to see witnesses in person while they testify, and the use of CCTV cameras violates his rights.
This is specifically related to the complainants who filed the two charges of rape against him.
Comments
Namibian Sun
No comments have been left on this article