Defence lawyers Boris Isaacks and Milton Engelbrecht yesterday had a field day in shredding the evidence of the police officer, who apprehended former magistrate Jaco Kennedy and his cousin Ray Cloete on charges of rape.
Isaacks specifically had the officer at sixes and sevens, trying to explain discrepancies in his evidence in chief and answers he gave to questions posed by him.
In several instances, he forced the officer to admit the version he gave in his evidence in chief was wrong and then put the right version to him.
For instance, Isaacks wanted the officer to admit he made a mistake when he said the woman was “on all fours” inside the vehicle of Kennedy with only her feet sticking out, and instead admitted she was lying on her stomach between the front seats of the vehicle.
He also accused the officer of making up certain versions to implicate his client. For instance, he said, Kennedy denies that he had intercourse with the complainant in question or that his pants were drawn beneath his knees.
The officer answered that he saw it with his eyes and that he saw them having sex because “I found them in action”. Isaacks further said his client denies having had a knife and using it to force the complainant to perform oral sex on Cloete, whereas the officer stated he saw Kennedy hitting the lady on the head with the handle of the knife.
The officer was, however, adamant that Kennedy was aggressive and threw a punch at him, which he blocked when Isaacks said Kennedy denies threatening or trying to hit the officer.
With regards to the part where Kennedy allegedly said he and the complainant had an “arrangement” for sex in exchange for N$200, Isaacks told the officer his client vehemently deny having told the officer that, and the officer agreed and said Kennedy only said they had a negotiation.
The officer also told the court that he and his colleagues did not arrest Cloete and Kennedy, but only took them to the Katutura Police Station, where other officers carried out the arrests.
Engelbrecht concentrated only on what the officer said his client was doing. He wanted to know from the officer when he saw that Cloete was being serviced orally.
The officer maintained that when he arrived at the scene, he saw that the complainant had Cloete’s genitalia in her mouth and that he was laughing.
Engelbrecht said his client is denying the woman serviced him with her mouth or that he was laughing.
Kennedy is charged with two rape counts, one between Katutura and Windhoek Central Hospitals, and another in the Otjomuise area while he was out on bail on the first rape count.
In the first incident, Kennedy is charged alongside his cousin, Cloete (31), for allegedly raping a 43-year-old woman between the Windhoek Central Hospital and Katutura Hospital, whom they had offered a lift in January 2015.
It is alleged the two took turns raping the woman.
A security guard, stationed in the vicinity, witnessed the rape and informed the police.
According to the police officers who arrived at the scene, they found Kennedy half-dressed on top of the complainant and Cloete naked.
Kennedy, however, denied he had intercourse with the complainant, but said he and Cloete had a sexual conversation with her, and he gave her N$200 to have sex with them.
Kennedy and Cloete were granted bail of N$3 000 each in the magistrate’s court on that charge.
Kennedy was re-arrested for allegedly raping a 20-year-old woman in the early morning hours of 31 December 2017.
He is disputing the allegation, saying he never gave anyone a lift anywhere on that morning nor does he know the complainant.
The complainant, however, testified in opposition to bail in the magistrate’s court that Kennedy raped her after he offered her a lift to her workplace.
– rrouth@nepc.com.na