WINDHOEK, 23 AUG – A former Windhoek magistrate arrested for allegedly raping two women between the Windhoek Central and Katutura State hospitals, has not yet secured legal representation.
Jaco Kennedy, 28, made another appearance on Thursday before High Court Judge Christie Liebenberg, still without legal representation.
On 21 June 2018, during a pre-trial conference of case management review, Kennedy asked the court to give him two weeks to raise the needed funds for a privately-instructed defence lawyer.
However, he has not secured the services of a privately-instructed defence counsel yet.
Kennedy was also at the time advised to apply to the Justice Ministry’s Directorate of Legal Aid for a government-funded lawyer if he could not raise the needed funds for privately-instructed legal representation.
In addition, the prosecution has also caused delays because they have not yet provided the accused with a full disclosure of the State’s case.
A full disclosure of the State’s case, amongst others, includes a charge sheet with details of the charges levelled against the accused, a list of the names of State witnesses and their statements and a photo plan.
Kennedy was out on bail of N$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 has been 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.
He appeared in court on Thursday alongside Cloete, who is free on a warning.
State Advocate Innocentia Nyoni represented the prosecution, while defence lawyer Milton Engelbrecht appeared for Cloete.
Meanwhile, Nyoni assured the court that a full disclosure of the State’s case will be provided to accused Kennedy and lawyer Engelbrecht before close of business on Thursday. – NAMPA
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