The rape trial of a former magistrate and his cousin has been sent back to the criminal mentions roll of Windhoek High Court acting Judge Kobus Miller for the fixing of new dates. Former magistrate Jaco Kennedy and his cousin Ray Cloete will now return to court on 2 August for the fixing of new dates.
This came about after Kennedy could not attend the court proceedings because of the lockdown of the Windhoek Correctional Facility.
Kennedy is charged with two rape counts, one between Katutura and Windhoek Central hospitals – and another in the Otjomuise area while he was out on bail on the first rape count. In the first incident, Kennedy is charged alongside his cousin for allegedly raping a 43-year-old woman between the Windhoek Central Hospital and Katutura hospital after offering her a lift in January 2015.
It is alleged the two took turns to rape the woman, who had a four-month-old baby with her. A security guard, stationed in the vicinity, apparently witnessed the rape and informed the police.
According to the police officers who arrived at the scene, they found Kennedy half-dressed, on top of the complainant, and Cloete naked.
Kennedy, however, denied he had intercourse with the complainant but did say he and Cloete had a sexual conversation with her and he gave her N$200 to have sex with them.
Kennedy and Cloete were granted bail of N$3 000 in the magistrate’s court on that charge. Kennedy was re-arrested for allegedly raping a 20-year-old woman in the early morning hours of 31 December 2017.
He is disputing the allegation, saying he never gave anyone a lift anywhere on that morning nor does he know the complainant. The complainant, however, testified in opposition to bail in the magistrate’s court that Kennedy raped her after he offered her a lift to her workplace.
“While we were driving, the accused stopped the vehicle and went to urinate,” she told magistrate Bernedine Kubersky during the bail hearing. She continued, “When he was finished, he got back into the car and asked me for a kiss. I told him ‘no’ and that I was already late for work.”
According to her, Kennedy then forced himself upon her and kissed her without permission, whereafter he undressed her and then himself, and he raped her.
“I pleaded with him not do it but he just kept on, and I then asked him to at least put on a condom,” the complainant testified earlier.
“After he was done, he got off me and poured beer over his penis.”
She further said she managed to send text messages to a friend at her workplace to take down the registration number on the car that will drop her off – and this resulted in the police tracing Kennedy.
Kennedy is represented by Boris Isaacks and Cloete by Milton Engelbrecht on instructions of legal aid.
The state is represented by deputy prosecutor general Innocencia Nyoni.