Eba Kandovazu
Two men, accused of trafficking and raping an 11-year-old girl on separate occasions, have lodged an application in the Windhoek High Court to have the charges withdrawn in terms of section 174 of the Criminal Procedure Act.
Dirk von Weidts (73) is charged alongside 46-year-old Arrie Jors.
The alleged rape incidents happened at Noordoewer between October 2020 and January 2021 while the victim’s mother reportedly worked for Weidts as a domestic worker.
It is alleged that the two men raped the victim on separate occasions in their homes.
State prosecutor Anna Amukugo argued on Thursday that the State has made a strong case against the accused, whom she stressed harboured the victim, coerced her and sexually exploited her.
The coercive circumstances are that the victim was a minor.
She added that Weidts showed the victim a gun and threatened to hurt her if she informed anyone about the alleged act.
The accused allegedly used two different vehicles to transport the victim to his home.
Amukugo argued that Jors threatened to beat the victim if she informed anyone about the alleged offenses.
The State added that although medical reports indicate that the victim had no injuries and bruises around her genital area at the time of examination, she testified that she felt pain and discomfort.
The physician who testified as a State witness stated that at the time of the medical examination, the victim said she was experiencing pain, indicating trauma from past experience.
In his defence, Weidts said the victim’s evidence is not credible. The two men have stated in their heads of argument that the medical reports indicated that the victim’s hymen was still intact.
“There was nothing suggesting that the complainant was sexually assaulted by two fully-grown adult male persons,” Jors stressed.
Judge Naomi Shivute postponed her ruling to 11 July 2025. -Nampa