The Windhoek High Court is yet to set a date when it is available to hear another bail application of incarcerated former judicial officer, Jaco Kennedy.
On Wednesday, judge Marleen Tommasi postponed the case to 5 May for the setting of hearing dates. This was after Kennedy’s lawyer Boris Isaacks informed the court that they would first like to hear the court’s pronouncement on a recusal application, scheduled for 25 April.
In the recusal application, Kennedy wants the court to consider removing state prosecutor - deputy prosecutor-general Innocentia Nyoni - from his criminal case.
His criminal case is currently on hold due to the two applications. It commenced in April 2021.
Kennedy is being tried alongside his cousin Raymond Cloete. The former magistrate is charged with three counts of rape and charges of kidnapping, attempted murder, attempting to defeat or obstruct the course of justice, and alternatively hindering the duties of an authorised officer. Cloete is charged with two counts of rape, and a count of kidnapping.
The State alleges that on 3 January 2015, Kennedy and
Cloete attacked a woman
between the Windhoek Central Hospital and Katutura Intermediate Hospital after offering her transport from Otjomuise to the Windhoek city centre.
It is further alleged that Kennedy tried to murder the victim by assaulting and strangling her.
On the charge of attempting to defeat or obstruct the course of justice and alternatively hindering the duties of an authorised officer, the State is claiming that Kennedy assaulted the police officer who wanted to arrest him. He is further accused of authoring a statement in which the victim claimed she was not raped.
Kennedy has denied the allegations.
However, the State’s first witness, Namibian police sergeant Lukas Kapolo, testified that on the date in question, he and his colleagues were directed to the scene by the security guard who had made the call to the police.
He said they found a silver Polo vehicle with a passenger door open, and Kennedy emerged from the car with his shorts down to his knees. As they were trying to apprehend him, a scuffle erupted. Kennedy was allegedly aggressive, and had a knife. The police allegedly only managed to apprehend Kennedy after several police officers arrived at the scene.
Cloete also later emerged from the vehicle.
Kapolo narrated that a half-naked woman at the back of the car got out of the vehicle. Her skirt was lifted up to her hips, while the lower half of her body was naked.
The State further alleges that while on bail on this alleged offence, he once again picked up a woman waiting for a taxi to take her to her workplace on the morning of 31 December 2015. He allegedly drove with her to a spot where he raped her. He was arrested at the end of January 2016.