The “Best Dad Ever” T-shirt Robin Clarke wore to court stood in horrifying contrast to reality as the Gqeberha man was found guilty of murdering his stepdaughter by beating her to death.
Little Krisley Dirker, with her bouncy blonde curls and innocent big eyes, was just 19 months old.
It took the police and the prosecution more than 12 years to prove that Krisley’s death was not accidental.
Finally, on Tuesday morning, there was some justice.
Her mother, Kristen Clarke, sobbed as she was acquitted of murder but found guilty of child abuse and neglect.
And though Kristen may have escaped a maximum prison sentence, the judge had some harsh words for her, expressing how she had failed in her duty as a mother.
Judge Vuyokazi Noncembu said Kristen had failed to protect her own daughter and had instead covered for her husband’s abuse.
The little girl eventually died in 2013 due to the prolonged and continuous assaults she suffered at the hands of her stepfather between September 27 and October 10 2013.
Krisley eventually died on October 17 that year due to blunt force trauma to the head.
According to witnesses and medical staff who testified during the protracted trial, when she was finally admitted to hospital, the girl’s forehead was twice its size due to a haematoma.
Seasoned medical staff said it was the biggest haematoma they had ever seen.
Delivering judgment in the Gqeberha high court, Noncembu said on the day Krisley sustained the fatal injury she had been in the care of her stepfather at their Morningside home while her mother was at work.
In maintaining his innocence, Robin had testified that the child could have fallen and hit the back of her head on the floor.
His explanation was rejected by Noncembu, who said even Kristen, when taking the stand, had conceded to Robin’s aggressive behaviour.
There were also several accounts by neighbours, including a neighbour’s domestic worker, who had overheard the toddler’s cries and screams while Robin would shout at her to “shut up”.
The couple, who went on to have three children together, were charged with murder, child abuse and neglect, as well as the failure to provide timeous medical assistance to the toddler.
Both pleaded not guilty.
In addition to Robin being found guilty of murder, he and Kristen were convicted of child abuse and neglect.
They were, however, found not guilty on the charge of failing to provide medical assistance.
While Noncembu recounted the testimony of the witnesses, Robin shook his head in disagreement.
Noncembu said a doctor at the Medicross medical centre had testified that the life-threatening injuries suffered by Krisley were not consistent with that of a child falling.
To make matters worse, she said, a nurse had testified how Robin had wanted to take Krisley home while doctors were still attending to her.
Recounting the version from the defence, the judge said the couple had maintained that Krisley had regularly injured herself while playing.
They also told the court that she may have been injured when Robin crashed the car on September 27 2013.
On the day Krisley was rushed to hospital, Robin claimed she fell and hit the back of her head on the floor.
While not trained in that regard, Robin testified that he had first attempted CPR.
He later mentioned that he had been apprehensive about taking the child to hospital because he knew everyone would look at him as a suspect.
Turning to Kristen, the judge said according to the testimony before court she had fallen pregnant with Krisley while in grade 11 and dropped out of school.
Kristen later met Robin and the couple struggled financially.
Robin was unemployed.
Noncembu said Kristen had defended Robin throughout the trial.
She even claimed not to remember part of her statement taken by the investigating officer a week after her daughter’s death.
Noncembu called this disingenuous.
She said further that the couple had also downplayed Robin’s use of Tik and dagga, though Kristen had admitted that she once saw her husband smoking weed.
Noncembu said Kristen had a legal obligation to protect Krisley — but she had failed to do so and instead chose to protect Robin.
She said the state had relied on circumstantial evidence, medical reports, expert witnesses and eyewitness accounts to prove its case.
Evidence before court, she said, showed Robin physically abused the toddler and that Kristen knew about it.
However, Noncembu said there was no evidence that Robin had failed to provide medical assistance.
She said he was unemployed and therefore could not afford the medical bills, and was also not the biological father of the victim.
In Kristen’s case, she said the state was unable to prove that she failed to provide Krisley with medical assistance.
Noncembu, however, rejected Kristen’s claim that she was unaware of the consistent physical injuries to her daughter’s body.
The judge said this was simply not possible because she would bath her daughter daily.
The past injuries were also picked up by doctors and during the postmortem.
Noncembu said the couple constantly changed their versions depending on the allegations put to them.
In some instances, they had testified that she was just a clumsy child who would fall down by tripping over an extension cord or toy.
Doctors, however, testified that Krisley’s previous injuries were severe and not consistent with a simple fall.
After the ruling, the deputy director of public prosecutions in Gqeberha, advocate Marius Stander, asked for an adjournment.
By this time, Kristen was crying inconsolably.
Robin tried to exit the courtroom but seemingly had words with the three court orderlies.
He then returned to the dock, leaned over and tried to console his wife.
When proceedings resumed, Stander asked for Robin’s bail to be withdrawn.
His request was granted, meaning Robin will remain in custody pending sentencing.
Kristen’s bail was extended so she can look after their three minor children.
The case was accordingly postponed to February 3 2026 for a probation officer’s report as well as a correctional supervision report.
When Robin was finally led down to the holding cells, he pulled the middle finger to a friend of the family seated in the public gallery.
The man then shouted: “Justice for Krisley” as Robin was led away.
The Herald
