Ex-magistrate charged with rape to hear trial date next week

A former Windhoek-based magistrate on trial in the High Court for allegedly raping two women in January and December 2015 in the bushes between the Windhoek Central Hospital and Katutura State Hospital, will hear trial date next week.

Kennedy re-appeared before Acting High Court Judge Kobus Miller on Monday morning when his alleged rape case was postponed to 24 October this year (2019) for the determination of the trial date.

In addition, Kennedy has also suffered a legal blow when the court informed him today (Monday) that his petition to be allowed leave to appeal in the Supreme Court against the dismissal of his earlier application by the High Court to have criminal proceedings against him put on hold was rejected by that (Supreme) court.

In the failed petition, the arrested former magistrate unsuccessfully wanted to have the proceedings of his criminal trial in the High Court to be put on hold for the time being because he is also pursuing a civil legal challenge in the same court against a decision taken by the Office of the Prosecutor-General to prosecute him.

He wanted the High Court to give clarity on several questions around the PG's duties with regards to making decisions about the prosecution of people who are alleged to have committed criminal offences.

In the main criminal matter, Kennedy, 32, faces three counts of rape, kidnapping, attempted murder and attempting to defeat or obstruct the course of justice in connection with the alleged rape of two women in January and December 2015 in the bushes between the Windhoek Central Hospital and Katutura State Hospital.

His co-accused and cousin Raymond Cloete, 33, is charged with two counts of rape and one count of kidnapping.

Kennedy was out on bail of N.dollars 3 000 in connection with the first incident in which he was charged with Cloete, for allegedly raping a woman they had offered a lift 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 Windhoek Central and Katutura State 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.

Government-funded defence lawyers Boris Isaacks and Milton Engelbrecht are defending the two accused men.

Cloete is free on a warning.

State Advocate Innocentia Nyoni is representing the prosecution in the matter.

Source: Namibia Press Agency