AN application by a former Magistrate, who is incarcerated on double rape charges, to have incriminating evidence in a previous bail application inadmissible was dismissed in the Windhoek High court today.
The application by the suspect, Jaco Kennedy, was aimed at stopping in its tracks evidence from previous records used against him in his current bail hearing.
The evidence includes the complainants’ testimonies against him, the investigating officers and various other state witnesses. Kennedy reportedly raped a woman he offered a ride to while with his cousin, Ray Cloete.
The incident happened between the Windhoek Central Hospital and the Katutura state hospital in 2015.
The two were out on bail when Kennedy allegedly raped another woman at the same location in a similar manner the following year.
The second time around, he was alone and has since been in custody.
Kennedy previously testified that he and the magistrate that denied him bail were friends and colleagues, citing conflict of interest.
The Magistrate, Bernadete Kubersky, has since testified that the two were not friends although they were classmates at University.
His formal bail application will commence on 11 November.
Incriminating evidence from previous court records will be deemed admissible and will be used against Kennedy.
Most recently, the high court ordered for the forfeiture of Kennedy’s vehicle to the state, as it was the crime scene.