“Help me, I’m being raped.”

This was what the complainant in a case against former magistrate Jaco Kennedy reportedly wrote to her friend and colleague while allegedly being violated. 

Sara Boois, who said she was a colleague and good friend of the complainant, said as they both resided in Otjomuise and worked together, they usually took a taxi to work together. 

On the morning in question, she said, the victim sent her a text message early to ask whether she is going to work and when she answered in the positive, they agreed to meet at the taxi stop. 

When she, however, later heard that the complainant got a lift with someone, she became upset and asked her why she did that. 

The victim answered that they were supposed to pick her up, but the man just drove off. 

Later, while at their place of work, she received a text message from the complainant, which read that she is being raped. 

She then tried to call, but received no answer. 

The victim, however, sent her another text message, requesting her not to call, but to wait outside the place of business and take down the number plate of the car that will drop her off. 

When the car, a white Mercedes Benz, dropped off the complainant – who was crying – she saved the number plate in her cell phone. 

She further informed the court that she accompanied the complainant to the women and child abuse centre, where a charge was laid. During cross-examination on Monday in the Windhoek High Court, defence lawyer Boris Isaacks, on behalf of Kennedy, wanted the witness to narrate every text message she either sent or received from the complainant. 

She said that she will narrate every one she can remember as the incident happened a long time ago.

Isaacks then accused her of selective memory, saying she only prefers to remember the ones that seem important to her.

He also wanted to know whether the complainant was angry or if she slammed the car door when she was dropped off, and the witness said the complainant was only crying. 

He further wanted to know if the complainant told her anything of the rape, but she said no, only that she was raped. 

On a question from Isaacks, she confirmed that the complainant told her that Kennedy gave her his cell number and introduced himself to her. 

Kennedy is charged with two rape counts, for an incident the Katutura and Windhoek Central hospital and another in Khomasdal’s Otjomuise area while he was out on bail on the first rape count. In the first incident, Kennedy is charged alongside his cousin, Ray Cloete (31), for allegedly raping a 43-year-old woman between the Windhoek Central Hospital and Katutura State Hospital 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 apparently 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 that he had intercourse with the complainant, but said him 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 rearrested 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 had offered her a lift to her workplace.

The case was postponed to 14 March.

The presiding judge is Kobus Miller, and the State is represented by Innocentia Nyoni.

- rrouth@nepc.com.na