Gang-rape accused ex-magistrate derails case
A former Windhoek magistrate accused of the abduction and gang-raping of two women has been slammed for attempting to derail his case by coming up with excuses.
Jaco Kennedy (31) told Judge Christie Liebenberg that he wanted his trial postponed and could not reply to a pre-trial memorandum because it prejudiced him.
A pre-trial memorandum is a primary document the judge uses to prepare for one’s trial.
It summarises all of a person’s legal and factual arguments, states whom one will have testify on their behalf and what one expects those witnesses to say.
Jaco told the court that the prosecutor general was making some “obnoxious allegations” against him as if to prove to the court that he was guilty.
Kennedy has a civil and criminal matter and wants the former to be “parked for some time” until he is done with the civil matter.
The state came out to bash him for attempting to disrupt his criminal case, “The civil matter is separate from the criminal matter, and there is no need to delay because he is pursuing a civil matter.”
The judge nevertheless tipped to his request and granted him one month to file his reply to the pre-trial memorandum failure of which the court would take matters in its hands.
But this was only after the judge initially protested stating that his civil case could only start once the criminal one is done with.
Kennedy stands accused together with his colleague, Raymond Cloete (31) for picking up two women under the pretext of offering them a lift to their destinations and later to sexually pounce on them.
The first incident allegedly occurred when the two picked up a woman who was flagging down taxies bound for the town under the pretext of dropping her in the city centre.
However, they drove her to an area between Katutura State Hospital and Windhoek Central Hospital where they beat, strangled and undressed her.
It is the state’s case that Cloete coerced the woman to suck his organ and Jaco raped her until a guard who was nearby heard screams and alerted the police.
Allegations are that they wanted to assault a police officer in an attempt to defeat the course of justice.
In yet another incident, it is alleged that the two picked up a woman pretending to take her to her workplace but drove to a sport where Jaco faked to want to relieve himself.
However, Jaco is said to have raped the woman, proceeded to drive her to her workplace where she reported the incident to the police.
Jaco stood without a lawyer yesterday and requested the judge to give an order for the special reserve force to grant him privacy with his doctor and clinical psychologist in holding cells.
This was refused.
Their case has been postponed to the 18th of October for trial proceedings.