V3574 Johannes Stefanus Delport |
23 |
Delport faced three charges in the High Court. He had indecently assaulted and murdered a four-year-old girl, Charmaine Opperman, in a small town called Frankfort.
Frankfort is an hour’s drive south of Johannesburg. The Wilge River flows through the town and on its banks there is a popular recreation area. Delport arrived here looking for work. After finding a position at a local firm of panel beaters, he moved in with a Mrs Elizabeth Opperman and her family, which included two small children, both girls. Within a week, on Sunday 20 October 1985, Delport asked Mrs Opperman if he could take her youngest daughter, Charmaine, to church with him. Charmaine was four years old. An arrangement was made that Delport and Charmaine would be taken to church by Gideon van Heerden, Mrs Opperman’s companion, who would also fetch them after the service, at noon. When van Heerden returned at twelve to fetch them as arranged they were not there. He returned home thinking that Delport and Charmaine might have walked home.
The pastor’s wife, Mrs Thalita de Beer, saw Delport leaving the church at about eleven-thirty. He gave her a false name when she asked if he had recently moved to Frankfort. A Mrs Henning, who lived near the river, was at home at this time. Her dog started barking uncontrollably at about a quarter to twelve. She went outside to investigate and saw Delport and Charmaine walking in the direction of the river. About fifteen minutes later she heard a small child scream and wail. Then the crying stopped abruptly. The crying had come from the direction of the river. At half past twelve a seventeen-year-old schoolboy, Frederic Buys, walked past Delport who was sleeping at the foot of the steps leading down to the picnic area at the river’s edge. A hymn book lay on the steps next to him. He saw Delport still lying in the same place later in the afternoon, at about three o’clock. Frederic saw Delport leave at about four o’clock and return within minutes with Mrs Opperman and Mr van Heerden. They were looking for Charmaine.
Delport, of course, knew what had happened to Charmaine, but he feigned complete ignorance.
Charmaine’s body was found only on Thursday 24 October, more than twelve kilometres downstream.
Major G R Viljoen of the Benoni Murder and Robbery Unit arrived in Frankfort to take over the investigation. Delport had already been brought in for questioning. To the policeman’s surprise, Delport spontaneously offered to take him to the river and to point out what had happened there.
Delport said that he wanted to ‘get this thing’ behind him. He made a complete confession to Major Viljoen, saying, ‘I am so ashamed about this business.’ Pointing to a spot on the grassy bank between the river and the foot of the steps leading down from an upper picnic area, he told Major Viljoen, ‘We came down here, and she and I came and sat here. She went to the toilet first and came and lay down here next to me. I first started playing with her with my hand. She then said, No Grandpa, don’t. Then I raped her from behind. I could not get in properly in front. She cried too much, Stop! and screamed.’ Then he added, ‘I forgot something. There was a yellow plastic bag here. I made her lie on it. I took her by her shoulder and leg and threw her in here. After that I sat here below and washed myself. Then I dressed and pretended to be sleeping. I was not really asleep.’
The pathologist performed a post-mortem examination on Charmaine’s body on 25 October 1985. He determined that the cause of death was drowning. He found a number of injuries consistent with Delport’s confession to Major Viljoen.
Before the Magistrate Delport pleaded guilty to murder and rape but said that it had not been his intention to kill Charmaine. The Magistrate’s questioning turned to the rape charge. The questions and answers were recorded:
Q. On 20.10.85 were you at the Wilge River Municipal Grounds, Frankfort?
A. Yes.
Q. Who was there with you?
A. Charmaine Opperman.
Q. Is she a girl?
A. Yes.
Q. How old was she?
A. Between 4 and 5 years old.
Q. Did you assault her?
A. Yes.
Q. How?
A. I first, from behind …
Q. Did you have intercourse with her?
A. Yes.
Q. How many times?
A. It was one process.
Q. Did you have any right to do so?
A. No.
Q. Was there any penetration?
A. Yes.
Two experienced psychiatrists reported to the Court that Delport had not been suffering from any form of mental illness or defect at the time of evaluation and that at the time of the offences he had the capacity to understand the unlawfulness of his actions and to act in accordance with that understanding.
The Court found Delport guilty on the murder charge and the charge of indecent assault but acquitted him on the rape charge.
On 28 August 1986 the Court sentenced Delport to ten years imprisonment on the indecent assault charge and imposed the death sentence on the murder charge. He was hanged on 3 December 1987. He had spent just over a year and three months in the death cells and was forty-nine years old.