#JustIn: Court upholds law for testimony by vulnerable witnesses

The former magistrate facing charges of rape and kidnapping, Jaco Kennedy, failed in his constitutional challenge to the law providing for special arrangements for vulnerable witnesses who must testify in court.

In his application he challenged parts of the Criminal Procedure Act (CPA) that allows for vulnerable witnesses to to give their testimony by way of closed circuit television. Vulnerable witnesses include those against whom an offence of sexual or indecent nature has been committed.

He alleged that is was inconsistent with the Namibian constitution with regard to the right to a fair trial and the right to be presumed innocent until proven guilty.

The court emphasized that the the special circumstances under which a vulnerable witness must testify, still ensures that the accussed, his legal representative, the prosecurot and the presiding officer shall be able to hear and observe the witness while such witness gives evidence.

The court found that the provisions of the CPA with regard to vulnerable witnesses, are not unconstitutional and the application was dismissed this morning in the High Court in Windhoek.