Court warns arrested ex-magistrate not to delay trial

WINDHOEK, 21 SEP – The High Court on Thursday warned a former Windhoek-based magistrate arrested for allegedly raping two women between the Windhoek Central and Katutura State hospitals, not to delay the proceedings of his criminal trial.
On 23 August 2018, High Court Judge Christie Liebenberg directed former magistrate Jaco Kennedy, 28, to file his replies to questions the prosecution team provided to him that day. He failed to comply with the court order because he is pursuing a civil case, which is still pending in the same court.
However, the judge warned him to file his replies with no further delay because proceedings in respect of criminal trials are more crucial compared to civil cases.
State Advocate Innocentia Nyoni also told the court that the prosecution is ready for trial and there was no need for the matter to be delayed because the accused is pursuing a civil matter against the Office of the Prosecutor-General, in respect of his alleged prolonged detention without option to post bail.
On Thursday, Liebenberg granted Kennedy until 11 October 2018 to file his replies.
Kennedy is still facing another dilemma of not having legal representation since June 2018 as he has not yet secured the services of a privately-instructed defence counsel.
The prosecution already gave the accused a full disclosure of the State’s case, which amongst others, includes a charge sheet with details of the charges levelled against him, a list of the names of State witnesses and their statements and a photo plan.
Kennedy was out on bail of N.dollars 3 000 in connection with an incident in which he was charged with his cousin, Ray Cloete, for allegedly raping a woman they had offered a lift to in January 2015.
He was, however, arrested again in January 2016 for allegedly raping another woman on 31 December 2015, also in an area between the two hospitals as with the first incident.
Kennedy is in police custody at the Windhoek Central Correctional Facility’s trial-awaiting section since his arrest in January 2016 on the second rape charge with no option to post bail.
Milton Engelbrecht is defending Cloete, who is free on warning.
Kennedy will make his next court appearance on 18 October 2018. – NAMPA