Former magistrate appeals bail refusal

By Roland Routh

Windhoek

A former magistrate accused of two charges of rape is appealing a bail refusal on the second rape charge in the Windhoek High Court before Judge Alfred Siboleka. Jaco Kennedy who is currently out on N$3 000 bail in relation to an incident in which he and another man allegedly raped a woman they offered a lift to Otjomuise in January last year, was arrested in January this year for allegedly raping a 20-year-old woman in the early hours of December 31 last year.
Kennedy disputes the latest rape 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 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 her without permission whereafter he undressed her and himself and 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 who may not be identified testified, adding: “After he was done he got off me and poured beer over his penis.”
She further said she in the meanwhile managed to send text messages to a friend at her workplace to take down the registration number on the car that would drop her off and this resulted in the police tracing Kennedy.
This is the second rape allegation Kennedy faces as he is also charged with rape in an incident that happened on January 3 last year.
In that incident Kennedy is charged together with a cousin of his, Ray Cloete, 30, for the alleged rape of a 43-year-old woman between the Windhoek central and Katutura hospitals.
It is alleged the two took turns raping the woman who had her 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 having 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.
Boris “The Mouth” Isaacks is representing Kennedy in the bail appeal and accused magistrate Kubersky of already having convicted his client on the first allegation. He said the only reason she did not grant him bail is because of a “propensity” to commit similar offences if released on bail.
This is condemning his client who is still “presumed innocent until proven guilty in a court of law”, Isaacks said, adding that the other reasons the magistrate gave for the refusal of bail are manageable.
According to him stringent conditions can be attached to the bail including non-communication with the complainant, as well as reporting conditions. Isaacks told the court his client is well aware of the fact that if he breaks one of his bail conditions he will be back in jail without the possibility of bail until the finalisation of his trial, which could take a very long time.
Opposing bail, state advocate Innocencia Nyoni told the court there is already evidence that Kennedy interfered with the complainant. She said the complainant testified she is being inundated with requests from people, claiming to be friends of Kennedy, to drop the charge. The complainant was even offered cash, Nyoni stressed.
Judge Siboleka postponed the matter to June 8 when he will give his ruling.



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