A former magistrate facing two counts of rape is applying to be released on bail on new grounds.
This week's bail application was Jaco Kennedy's third attempt, after his previous tries fell flat, including a petition to the Supreme Court.
This time, Kennedy claims that his right to liberty is being infringed upon as he is being held in pre-trial custody without being convicted and sentenced.
This, he said, amounts to undue punishment.
According to him, the crux of the matter is that his criminal trial is not due to start anytime soon as there is a constitutional challenge he filed that must first be dealt with.
The other reason he propelled is his appeal against the dismissal of his recusal application against the prosecutor in his criminal trial, Advocate Innocencia Nyoni.
He wants Nyoni removed from his trial.
Kennedy further told Windhoek High Court Judge Marlene Tommasi, who is presiding over his bail application that the prosecutor general has not, to this day, secured the services of a handwriting expert to analyse a statement purportedly made by the complainant in which she recanted the rape allegation.
The PG is alleging that Kennedy composed the statement himself.
The writing was analysed by the late Dr Paul Ludik and confirmed to be that of Kennedy, but he is disputing the Ludik report.
The PG will now have to appoint another expert to analyse the handwriting and compile a report.
On his end, Kennedy has allegedly also contacted an expert in Johannesburg who is willing to travel to Namibia to analyse the handwriting.
All of this, he said, will prolong his stay in pre-trail incarceration.
He is thus asking the court to grant him bail to prepare for his trial and to earn money to pay for the expert's fees.
He also alluded to the fact that about 30 people signed a petition to the High Court to release him on bail.
Rape
Kennedy is charged with two rape counts, one between Katutura and Windhoek Central hospitals - and another in the Otjomuise area while he was out on bail on the first rape count.
In the first incident, Kennedy is charged alongside his cousin Raymond Cloete (31) for allegedly raping a 43-year-old woman between the Windhoek Central Hospital and Katutura Hospital, whom they had offered a lift in January 2015. It is alleged that the two took turns raping the woman.
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A security guard, stationed in the vicinity, 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 he had 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.
Kennedy and Cloete were granted bail of N$3 000 in the magistrate's court on that charge. Kennedy was re-arrested for allegedly raping a 20-year-old woman in the early morning hours of 31 December 2017.
He 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.
