Rape-accused ex-magistrate in new bail bid

Appearing in the Windhoek High Court yesterday morning, former magistrate Jaco Kennedy has indicated that he will apply for bail for the third time.His new application is scheduled for 5 December.Kennedy stands accused of kidnapping and raping a woman with his cousin and co-accused, Raymond Cloete, on 3 January 2015.He also brought an application that the state prosecutor, deputy prosecutor-general Innocentia Nyoni, should recuse herself from the case.Arguments regarding that application were to be delivered during yesterday&#039;s proceedings, but the State was not ready and requested that the matter be postponed.According to the State, they are still in the process of transcribing court records and have been waiting for that before filing their answering affidavit.Presiding judge Kobus Miller warned the parties not to waste time."The case has been dragging on since 2018 and there is still a lot of evidence that needs to be heard,” he said.Damaged credibilityKennedy was released on bail a month after his arrest, but was arrested again in January 2016 and accused of another rape. He has been in custody ever since.He has applied for bail twice, with his last application being dismissed in 2020 by Judge Marlene Tommasi in Windhoek High Court after the State argued that he lied under oath during his first bail application.During that application in the Magistrate&#039;s Court in 2016, Kennedy reportedly said he did not know the complainant in his second rape charge and that he was not at the scene of the rape on 31 December 2015.However, in his next bail application, he admitted that he knew the complainant, but claimed that the sex was consensual.In her ruling, Tommasi pointed out that this damaged his credibility.InterferenceMeanwhile, it also came to light during these proceedings that although Kennedy denied it, he did try to contact one of the complainants after the incident. Tommasi therefore added to her judgment that there is a fear that he could interfere with the case.The latest bail application will be based on new facts, but the grounds for it are not yet known.During yesterday&#039;s appearance, Kennedy said he does not have legal representation for the new application yet.In the main trial, he is represented by Boris Isaacks, while Cloete’s legal representative is Milton Engelbrecht.–kristien@republikein.com.na

Rape-accused ex-magistrate in new bail bid

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Namibian Sun 2026-02-03

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Rape-accused ex-magistrate in new bail bid

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Namibian Sun 2026-02-03

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