In a court case fraught with delays, the trial of a Gqeberha couple accused of murdering a 19-month-old toddler more than a decade ago hit yet another speed bump on Tuesday.
However, all indications are that Robin and Kristen Clarke’s trial will get under way as soon as the state and the defence can resolve some final “logistical” issues in the city’s high court.
Robin, 35, and Kristen, 29, are accused of severely abusing and neglecting Kristen’s young daughter, Krisley Faith Dirker, in 2013, resulting in the toddler dying in hospital from blunt-force trauma to the head.
According to the charge sheet, Kristen gave birth to the child in February 2012 and broke off her relationship with the little girl’s biological father in July the next year.
Shortly thereafter, she moved in with her co-accused at a property in Boundary Road, Morningside.
While Kristen was at work, the toddler was left in Robin’s care and it is alleged that the abuse which ultimately claimed her young life occurred between September 27 and October 10 2013.
During this period, neighbours reportedly heard a man repeatedly telling a small child to “shut up” while she cried continuously.
On October 10 2013, Krisley was taken to a medical facility in Westering by a man, believed to be Kristen’s boyfriend at the time, with several injuries to her body.
She was unresponsive and doctors at the facility were unable to assist the toddler.
She was subsequently rushed to Dora Nginza Hospital, where it was established she had fallen into a coma.
While examining her, doctors found severe bruising on the little girl’s arms, legs, hands, feet, back and head.
She died on October 17 2013, and the cause of death was determined to be severe head injuries caused by blunt-force trauma.
The accused were arrested in September 2022 and charged with murder, abuse and deliberate neglect of a child, as well as failure to provide a child with medical assistance.
Robin and Kristen were released on bail of R10,000 and R2,000, respectively, and both indicated they intended to plead not guilty to the charges.
The trial was initially set to start in January 2023, shortly after the birth of their third child together.
The case was however marred by a series of delays, including changes in legal representatives.
The couple returned to court on Tuesday, when their Legal Aid SA attorneys came on record.
Advocate Deon Erasmus will be representing Robin, while advocate Johan van der Spuy will be on record for Kristen.
Senior state advocate Marius Stander will lead the prosecution.
During proceedings on Tuesday, Van der Spuy indicated there were some “misunderstandings” regarding the docket, and the defence lawyers required time to consult with their clients before the trial could commence.
He said that there were some “housekeeping” issues which needed to be ironed out, and they would discuss these particular matters during the court proceedings in the days to come.
While the couple sat close together in the public gallery, waiting for their case to be called, they had private conversations with their attorneys after the proceedings.
Judge Vuyokazi Noncembu postponed the matter to Wednesday for consultations.
The Herald
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