Guard says rape accused were caught in the act

Jaco Kennedy

Two men accused of raping a woman in Windhoek in January 2015 were caught in the act, a security guard testified in the Windhoek High Court yesterday.

After hearing the screams of a woman near Katutura Intermediate Hospital in Windhoek, he encountered a scene where a car stood parked with three of its doors open and a man trying to make a woman perform oral sex on him, security guard Joseph Nzamune told acting judge Kobus Miller.

Nzamune, who testified in the trial of a former magistrate, Jaco Kennedy (37), and a co-accused, Raymond Cloete (37), said he saw Cloete leaning against the car’s dashboard while holding a woman by her hair and trying to make her perform oral sex on him.

After he had called the police, he and two police officers returned to the car, where they found Kennedy having sexual intercourse with the woman, who at that stage was kneeling on the back seat of the car, Nzamune said.

He told the court he heard the woman screaming, like someone being beaten, when he and the police officers were approaching the car, from which loud music was playing.

At the car, he saw that Kennedy was holding a knife, he added.

He also saw that Kennedy tried to punch one of the police officers after the officer touched him behind his shoulder while he was busy with the woman, Nzamune said.

The incident he was testifying about took place during the early evening hours of 3 January 2015.

The state is alleging that Kennedy and Cloete kidnapped a woman in Windhoek that evening and raped her near Katutura Intermediate Hospital.

The two men are charged with counts of kidnapping and rape in connection with that incident.

Kennedy is also charged with counts of attempted murder and attempting to defeat or obstruct the course of justice.
Both accused denied guilt on all charges when their trial started in April 2021.

Kennedy is charged with further counts of kidnapping and rape as well in connection with an incident that allegedly took place in Windhoek during the morning of 31 December 2015.

He is denying guilt on those charges, too.

Kennedy’s defence lawyer, Boris Isaacks, has told the court that Kennedy is denying that he had intercourse with the woman on 3 January 2015, that he hit her with a knife, and that he forced her to perform a sex act on Cloete.

Cloete’s defence lawyer, Milton Engelbrecht, also told the witness yesterday that Cloete is denying that he at any stage touched the woman, and that he at no stage pulled her head to his genital area to make her carry out a sexual act on him.

Nzamune maintained that he saw Cloete holding the woman by her hair and trying to force her to perform oral sex.
The trial is continuing.

Kennedy has been held in custody since his second arrest at the end of January 2016, while Cloete is free on bail.

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