Alleged 'rapist' fails in case over alleged victims’ testimony

Former magistrate Jaco Kennedy, who is standing trial on three charges of rape, has failed in his attempt to convince the court to allow his victims to testify in his presence.This comes after High Court judge Kobus Miller ruled in April 2021 that two women could testify in a separate room via closed-circuit television (CCTV) during Kennedy’s trial. Kennedy was dissatisfied with this ruling.In June 2022, Kennedy lodged a case at the High Court challenging the constitutionality of the provisions of the Criminal Procedure Act (CPA) that allow for this arrangement.The court application, which was filed against the prosecutor-general, attorney-general and the minister of justice, was dismissed on Friday.‘Strategy to delay trial’The relevant provisions of the CPA stipulate that special arrangements can be made to allow vulnerable witnesses to testify under certain circumstances to ensure they provide full and clear testimony.Vulnerable witnesses include, among others, minors and those who have been victims of sexual or indecent crimes.Kennedy argued that these provisions infringe upon his constitutional rights to a fair trial and the presumption of innocence until proven guilty.He further claimed that the provisions do not provide for any regulatory framework and that there is a lack of guidelines and limitations regarding the circumstances under which a vulnerable witness is permitted to give testimony via CCTV.He believes this grants the court unlimited discretion, which conflicts with his right to a fair trial.The respondents opposed the application, arguing that the provisions are not unconstitutional and that Kennedy is using the application as a strategy to delay his trial.Clear provisionIn the judgment, judges Nate Ndauendapo and Christie Liebenberg pointed out that the court considers several factors when issuing an order regarding these provisions. In addition to the aim of obtaining complete and clear testimony, the public interest, the interest of justice, the availability of equipment and the welfare of the witness are also taken into account.The judges also found that the law requires that the accused, their legal representative, the prosecutor and the judge or magistrate must be able to hear and see the witness while they are testifying.“Each involved person will be able to observe and assess the witness while testimony is being given. This important right is preserved,” the judgment states.The judges explained that they reviewed the text, context, purpose and meaning of the words in the provision as a whole to reach their decision.“The court fails to recognise the ambiguity being complained about. It is found that the meaning of the provision is clear.”*The headline of the online article was amended to clarify that Kennedy has been accused and charged with counts of rape and has not been convicted of these alleged crimes.

Alleged 'rapist' fails in case over alleged victims’ testimony

Comments

Namibian Sun 2025-04-04

Please login to leave a comment

Alleged 'rapist' fails in case over alleged victims’ testimony

Comments

Namibian Sun 2025-04-04

Please login to leave a comment

Login