The police officer, who affected the arrests of former magistrate Jaco Kennedy and his cousin Ray Cloete on charges of rape, yesterday testified about the arrests.
Sergeant Hipandwa Hamukwaya told the court he and two colleagues were on duty that day, doing patrols as part of their responsibilities at the emergency response unit of the Namibian police when they received a radio call that there was an incident behind the Katutura state hospital.
He said they immediately went to the scene – and on their way there, they were met by a security guard, who told them about a suspicious car from where a woman could be heard screaming.
“We then went to where the guard said the screams came from and observed a vehicle parked under some bushes in the veld,” he said.
On approach, he and one of his colleagues could see the vehicle’s front doors and one backdoor open. He further said he observed Kennedy having intercourse with a woman who was on all fours, bending forward.
He further said he saw that Kennedy had a knife in his hand, and he was hitting the woman on her head with the handle of the knife, forcing her to perform oral sex on Cloete. “I then patted him on his back, and he withdrew; the woman said ‘thank God’, and came and hid behind me with her arms around my waist. I could see the knife in Kennedy’s hand, and with my hand on my pistol, I told him to let it drop, which he did,” the officer told the court.
At that stage, the officer said, Kennedy did not want the woman to talk, so he started explaining they had an agreement for sex-for-money, but the woman disputed this and said they forced her, and even tried to force her to consume alcohol.
He further said the woman told him Kennedy and Cloete offered her a lift to the Katutura hospital, where she was going to see a child or something to that effect.
He further said Cloete, who was still naked, just lay down quietly where they found him in the car. Kennedy became aggressive, and wanted to fight him – and they had to restrain him by putting handcuffs on him.
They were then arrested and taken to the Katutura police station after Cloete was told to dress. The officer testified about the first rape that Kennedy is accused of in January 2015 in which it is alleged Cloete also played a part.
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 that 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 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