WINDHOEK - A former Windhoek magistrate who is accused of raping two women suffered another legal blow when an application for the bail record in the Windhoek Magistrate’s Court to not be admitted into evidence in his new bail hearing in the High Court was dismissed on Monday. 

Windhoek High Court Judge Marlene Tomassi found that there is no prejudice on Jaco Kennedy if the bail record is admitted into evidence.

Kennedy opposed to the evidence being admitted as he says magistrate Bernadine Kubersky, who conducted the bail hearing, should have recused herself from the matter, because he knew her socially and they were friends.

Kubersky, however, denied the allegations and said they were never friends and she only knew him from university where they were classmates.

Before his second arrest, Kennedy was out on bail of N$3 000 in connection with an incident in which he was charged alongside his cousin, Ray Cloete, for allegedly raping a woman they had offered a lift in January 2015.

He was re-arrested for allegedly raping a 20-year old woman in the early morning hours of 31 December 2017

Kennedy 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 Kubersky during the original bail hearing and 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 without permission where after he undressed her and before allegedly raping her.

“I pleaded with him not to do it, but he just kept on and I then asked him to at least put on a condom,” the complainant who may not be identified

“After he was done, he got off me and poured beer over his penis.”
She further testified that 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.  
In the first incident, Kennedy is charged together with Cloete, 30, for the alleged rape of a 43-year old woman between the Windhoek Central Hospital and Katutura hospital.

It is alleged that the two took turns raping 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 that 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.
Boris Isaacks is representing Kennedy in the bail hearing, while Advocate Innocencia Nyoni is representing the State.

The matter will return on 11 November and Kennedy remains in custody at the Windhoek Correctional Facility’s section for trial-awaiting inmates.