Former magistrate Jaco Kennedy has failed in his latest bid for bail, with the Windhoek High Court dismissing his application. Kennedy, 39, has been in custody since January 2016, facing rape and kidnapping charges. His latest application, based on alleged new facts, was heard by judge Naomi Shivute. Kennedy and co-accused Raymond Cloete, 40, are being prosecuted in the Windhoek High Court, where their trial started in April 2021.
Kennedy's trial before acting judge Kobus Miller began in April 2021, with the state closing its case. Defence lawyer Boris Isaacks argued that Kennedy's continued detention would no longer serve a purpose, as the state's witnesses had already testified. Isaacks claimed that keeping Kennedy in custody would resemble anticipatory punishment. However, deputy prosecutor general Filistas Shikerete-Vendura countered that the state had presented evidence that could lead to Kennedy's conviction.
Shikerete-Vendura argued that Kennedy had demonstrated a propensity to commit serious offences, having been arrested on a charge of rape for a second time after being granted bail on similar charges. She believed that releasing Kennedy on bail again would not be in the interest of justice. Kennedy and Cloete have both denied guilt on all charges.
Judge Shivute considered the new fact that the state had closed its case in the trial before Miller. However, she ruled that this did not weaken the state's case, and Miller's decision to put Kennedy on his defence indicated a stronger case than before. Shivute also took into account the bases on which Kennedy's previous bail applications were refused.
Shivute's judgement was based on a balance of Kennedy's rights with the public interest and the administration of justice. She concluded that the public interest and the administration of justice outweighed Kennedy's interest. Kennedy's latest bail application was his fourth request since his second arrest.
Kennedy was initially arrested on 3 January 2015, and released on bail, only to be arrested again in January 2016 on a charge of rape. His co-accused, Raymond Cloete, is also facing charges in the same trial. The trial before Miller is scheduled to continue.
The Windhoek High Court's decision marks another setback for Kennedy, who has been in custody for over 10 years. The trial is expected to proceed, with Kennedy and Cloete yet to present their defence.
Key points
- Kennedy's bail application was dismissed due to the seriousness of the charges and the strength of the state's case.
- The state closed its case in the trial before judge Kobus Miller, but this did not weaken the case against Kennedy.
- Kennedy has been in custody since January 2016, facing rape and kidnapping charges.
