Rape accused ex-magistrate refuses to comply with court
Ex-magistrate Jaco Kennedy demonstrated his arrogance against a court directive and refused to reply to the state’s pre-trial memorandum to have his criminal case dealt with.
Jaco has been adamant that he wants to deal with a separate civil case in the Magistrate’s court first before getting started with his criminal case in the High Court.
A pre-trial memorandum is a primary document the judge uses to prepare for one’s trial and 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.
The judge had earlier on tipped to his request that he be granted one month to file his reply to the pre-trial memorandum failure of which the court would take matters in its hands.
Having refused to comply with this directive, Judge Liebenberg said he could not entertain his delay tactics and was thus given no option but forward his case for trial.
It thus got postponed to the 20th of February next year for case management where the matter will be allocated to another trial judge.
Kennedy stands accused together with his friend, 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.