A former magistrate charged in a protracted rape trial in the Windhoek High Court has failed with an attempt to get discharged on most of the counts on which he is being prosecuted.
Applications in which former magistrate Jaco Kennedy (39) and a co-accused, Raymond Cloete (39), asked to be found not guilty after the state concluded its case in their trial were dismissed by acting judge Kobus Miller on Friday.
Kennedy applied for his discharge on eight of the 10 charges he is facing, while Cloete asked to be discharged on all three of the counts he is facing.
Kennedy succeeded with his application on only one of charges, with Miller discharging him on a count of attempting to defeat or obstruct the course of justice. However, Kennedy is still facing an alternative charge of resisting or wilfully hindering or obstructing a police officer in the execution of their duty under that initial main charge.
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The state is alleging that Kennedy and Cloete kidnapped a woman in Windhoek on 3 January 2015 and raped her near Katutura Intermediate Hospital.
Kennedy is charged with counts of kidnapping, attempted murder, three counts of rape, attempting to defeat or obstruct the course of justice, and resisting or hindering or obstructing a police officer in the execution of their duty in connection with the incident on 3 January 2015.
Cloete is charged with two counts of rape and a count of kidnapping in connection with the incident.
Kennedy alone is also charged with having kidnapped and raped a second woman in Windhoek on 31 December 2015, after he and Cloete had been released on bail on the charges they are facing in connection with the first incident.
He faces a charge of kidnapping and two counts of rape in connection with the alleged incident on 31 December 2015.
Both accused denied guilt on all charges when their trial started before Miller in April 2021.
Kennedy has been held in custody since the end of January 2016, when he was arrested on a charge of rape for the second time in 13 months.
Cloete has been free on bail in an amount of N$3 000 since February 2015.
The two men have to appear in the High Court again on 24 March, when dates for the continuation of their trial have to be determined.
Kennedy is being represented by defence lawyer Boris Isaacks.
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Milton Engelbrecht is representing Cloete.
Deputy prosecutor general Filistas Shikerete-Vendura is representing the state.
