Windhoek High Court Judge Naomi Shivute has dismissed an application in which former magistrate Jaco Kennedy once again sought bail, based on new facts.
The judge, however, did not provide the reasons for the dismissal when delivering the ruling last Friday.
Kennedy is charged with two counts of rape: one allegedly committed between Katutura and Windhoek Central Hospital, and another in the Otjomuise area of Khomasdal, while he was out on bail for the first rape charge.
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In the first incident, Kennedy is charged alongside his cousin, Ray Cloete, with allegedly raping a 43-year-old woman between Windhoek Central and Katutura Hospital after they had offered her a lift in January 2015.
It is alleged that the two took turns raping the woman.
A security guard stationed in the vicinity allegedly witnessed the incident and alerted the police. According to police officers who arrived at the scene, they found Kennedy allegedly half-clothed and on top of the complainant.
Kennedy, however, denied raping the complainant, but said that he and Cloete had a sexual conversation with her and that he gave her N$200 to have sex with them both.
The magistrate's court subsequently granted Kennedy and Cloete bail of N$3 000 each in connection with the charge.
However, the former magistrate was re-arrested for allegedly kidnapping and raping a 20-year-old woman in the early hours of 31 December 2015.
He denies the allegation, stating that he did not give anyone a lift that morning and that he does not know the complainant. Kennedy is charged with counts of kidnapping, attempted murder, three counts of rape, attempting to defeat or obstruct the course of justice, and resisting, 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 one count of kidnapping in connection with the incident.
Kennedy alone faces a charge of kidnapping and two counts of rape in connection with the alleged incident on 31 December 2015. Both of them denied guilt on all charges in April 2021.
Earlier this year, an application in which Kennedy and Cloete sought to be discharged on most of the counts they faced after the State closed its case was dismissed.
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Cloete sought to be discharged on the three counts against him, while Kennedy sought to be discharged on eight of the ten counts he is facing, but he was only discharged on one count, the one of attempting to defeat or obstruct the course of justice.
He, however, still faces an alternative count under the initial main charge of resisting, willfully hindering or obstructing a police officer in the execution of his or her duties.
Cloete has been on bail since February 2015, while Kennedy has remained in custody since January 2016, following his second arrest.
