Windhoek High Court Judge Herman January has agreed to hear the bail application on new facts by former magistrate Jaco Kennedy.
The dates hearing is set down for 27 to 30 December, with the ruling expected before the judge goes on his long leave in January.
Judge Kobus Miller, who is presiding over the rape case of Kennedy and his cousin, Ray Cloete (31), declined to preside over the bail hearing as he is too vested in the matter, and pertinent information he is currently not privy to could be revealed.
Judge Miller said upon the advice of Deputy Judge President Hosea Angula, he approached judge January, who was amenable, but only available on the set dates.
Both Boris Isaacks, on behalf of Kennedy, and Innocencia Nyoni on behalf of the State, indicated to the judge that they would either make themselves available, or instruct counsel to act on their behalf.
Kennedy is charged with two rape counts, one which allegedly happened between the 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 Cloete for allegedly raping a 43-year-old woman whom they had offered a lift in January 2015 between the Windhoek Central Hospital and Katutura Hospital.
It is alleged that the two took turns in raping the woman. A security guard stationed in the vicinity apparently witnessed the rape, and informed the police. The police officers who arrived at the scene said they found Kennedy half-dressed on top of the complainant, and Cloete naked. Kennedy, however, denied that 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’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 had offered her a lift to her workplace.