Former magistrate turned rape accused Jaco Kennedy has lodged yet another application in the Windhoek High Court – this time, for an itemised description of each document in the original case docket, an itemised description of any document in the original case docket to which he is denied access if any, and a statement under oath, disclosing the basis upon which access is denied.
Further, he is asking the High Court to issue an order, permitting his legal representative to inspect or audit the docket contents in possession of the prosecution.
Kennedy is charged with two rape counts: one between Katutura and Windhoek Central Hospitals and another in Khomasdal’s Otjomuise area, while he was out on bail on the first rape count.
In the first incident, Kennedy is charged alongside his cousin Ray Cloete (31) for allegedly raping a 43-year-old woman between the Windhoek Central Hospital and Katutura Hospital, whom they had offered a lift in January 2015.
It is alleged the two took turns to rape the victim, 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 police officers who arrived at the scene, they found Kennedy half-dressed, on top of the complainant, and Cloete was naked.
Kennedy, however, denied he had intercourse with the complainant but said 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 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.
“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 forced himself on her and kissed her without her permission. He then undressed her and raped her.
“I pleaded with him not do it, but he just kept on. I then asked him to at least put on a condom,” the complainant, who may not be identified, testified.
She added: “After he was done, he got off me and poured beer on his penis”. She said she sent text messages to a workmate to jot down the registration number of the car that will drop her off. This resulted in police tracing Kennedy.
In his latest application, Kennedy said to ensure he receives a fair trial, he is entitled to the full disclosure of the evidence against him.
State advocate Innocencia Nyoni opposed the application and called it a “calculated, persistent and improper scheme to evade his criminal prosecution by delaying, disrupting and derailing the scheduled criminal trial through this and merit-less court applications”.
Windhoek High Court acting judge Kobus Miller indicated he will deliver his ruling on the application on 10 August at 10h00.
Boris “The Mouth” Isaacks represented Kennedy as a friend of the court, as he is not yet instructed by Legal Aid.