http://www.infonews.co.nz/news.cfm?l=51&t=0&id=3638

Infonews.co.nz

July 16 2007

Uncle's semen found in dead niece's underwear, court told
NZPA

DNA testing identified semen from George Evans Gwaze in the underwear of his 10-year-old niece who was found unconscious at his home and later died in hospital, Christchurch District Court was told today.

The Crown has charged 54-year-old Gwaze with the murder and sexual violation of Charlene Makaza, and is calling evidence from 58 witnesses at the depositions hearing which began today.

The hearing is expected to finish tomorrow, with only seven witnesses being called to give evidence in person. The rest of the evidence is being handed to Judge John Bisphan in written form.

Crown prosecutor Kerryn Beaton said Charlene had been the niece and adopted daughter of Gwaze and his wife and lived with them at their home in Hollyford Avenue, in the Christchurch suburb of Bryndwr.

On January 5, Charlene and her sisters went to a church service and returned home about 10.30pm, and she went to bed.

When her adopted mother' alarm went off at 5.45am next day, she could hear Charlene's unusual breathing and found her in bed unconscious and very unwell.

The girl had soiled herself and the mother stripped off the bottom clothing, wrapped her in a towel, and the family took her to the after hours surgery.

She was rushed from there to Christchurch Hospital by ambulance where intensive efforts were made to resuscitate her.

While in the intensive care unit, medical staff found she had a serious injury to her anal area, consistent with sexual assault.

There were multiple fresh tears to the skin in the anal area, consistent with penetration by a penis or similar object, Miss Beaton said.

There was a fresh tear of her hymen consistent with penetration or attempted penetration.

Charlene had a hypoxic brain injury and multiple organ failure and died about 18 hours after she was found.

"The sudden onset of hypoxia was the result of asphyxia, the obstruction of the airway to the point of unconsciousness, but there was no evidence of manual strangulation," she said.

"The genital injuries were severe, but would not in themselves have caused her death."

An intensive police investigation followed to establish whether a stranger had entered the house and injured her.

Bedding and the clothes she was sleeping in were taken for testing by ESR scientists. Semen was found in the crotch of her underwear and DNA tests later showed it was Gwaze's.

Miss Beaton said the crown case was that after Charlene came home that night, she had been sexually violated and asphyxiated, causing her subsequent death. When interviewed, Gwaze denied any role in what happened.

Charlene's family are at court for the hearing.

The first witness was a nurse at the after hours surgery, who gave evidence of the family bringing Charlene in. She found she had diarrhoea streaked with blood on her body, and was surprised at how easily she was able to insert a suppository of panadol, in an effort to reduce her high temperature.

She then noticed there was fresh blood in Charlene's rectum, but she was not able to see any other injury before she was taken away by ambulance.