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Rape accused ex-magistrate ‘caught performing sex act’

2021-04-12  Maria Amakali

Rape accused ex-magistrate ‘caught performing sex act’
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Police officers allegedly caught former magistrate and rape accused Jaco Kennedy in a compromising situation performing a “forceful” sex act with a woman who has accused him of rape, the Windhoek High Court heard on Friday.

Kennedy is on trial along with his cousin Raymond Cloete for allegedly kidnapping and gang raping a woman in 2015. 

State witness and police officer Marungu Johannes, who was one of the officers to arrive on the scene, testified last week he found Kennedy performing a sex act. “One could see everything that was happening. He (Kennedy) was on top of the victim having sex with her. 

There was the use of force and you could tell that the lady did not give consent,” narrated Johannes during the ongoing trial in the High Court. He testified he and fellow officers responded to an emergency call about an incident that was taking place between Windhoek Central Hospital and Katutura Intermediate Hospital – where a woman was being attacked. He said before they got to the scene, the security guard who alerted them explained the situation on the ground. It was his testimony that when they got to the scene, they saw a car with its right rear and left front doors open. Before approaching the vehicle, Johannes said they had to observe the situation. “When we got to the car, I saw a woman lying flat on her stomach with accused one (Kennedy) on top of her on the back seat of the car. Accused two (Cloete) was on the front passenger seat, naked,” explained Johannes.

He further added that before he pulled Kennedy by his t-shirt, he was hitting the victim with an open fist while holding a knife in his hand. Kennedy allegedly moved from the car and advanced towards him with a knife. Kennedy is charged with five counts of rape and charges of kidnapping, attempted murder, attempting to defeat or obstruct the course of justice and alternatively hindering the duties of an authorised officer. Cloete is charged with two counts of rape and a count of kidnapping. Both men have denied the charges. The state is alleging on 3 January 2015, Kennedy and Cloete attacked a woman between the Windhoek Central Hospital and Katutura Intermediate Hospital after they offered her transport from Otjomuise to the Windhoek city centre. The state further alleges Kennedy tried to murder the victim by assaulting and strangling her. The prosecution is further alleging Kennedy picked up another woman waiting for a taxi to take her to her workplace on the morning of 31 December 2015 and drove with her to a spot where he allegedly raped her. He was arrested at the end of January 2016 and has been in police custody ever since. Boris Isaacks and Milton Engelbrecht represent the duo as the trial continues before Judge Kobus Miller. 

-mamakali@nepc.com.na

 


2021-04-12  Maria Amakali

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