http://www.stuff.co.nz/4431806a11.html

Sunday Star Times
March 9 2008

Justice system acts to stop trial by internet
by Sean Scanlon

PHIL DOYLE/Sunday Star Times

TRIAL BY INTERNET? A website set up to support George Gwaze (left)who has been charged with murdering his niece has been asked to delete material that could prejudice the court case.

The Solicitor-General wants the family of a Christchurch man accused of killing his niece to remove parts of a website proclaiming his innocence.

The site accuses police of racism and says 10-year-old Charlene Makaza died of HIV/Aids instead of dying at the hands of her uncle, George Gwaze, who faces trial next month for her murder and sexual violation in January 2007.

Crown Law confirmed on Friday it had written to the Gwaze family asking parts of the site be removed after police sources told the Sunday Star-Times of concerns about its impact on a fair trial.

The website, penned by Gwaze's eldest daughter, Maggie, details the family's actions on the day they discovered Charlene seriously ill and the subsequent police investigation. Photos on the site show where police removed evidence, including pieces of bedding.

Charlene lived with her aunt and uncle, Sifiso and George Gwaze, because her parents died when she was an infant. The family had cared for her since she was seven months old and they moved to New Zealand several years ago from Zimbabwe, which is battling an orphan crisis. More than one million children have been left without parents as the Aids rate soars.

Maggie Gwaze said on the website that police made the family look like "tribal monsters who murdered Charlene".

"No one in my family tolerates abuse of a child in any form, but neither do we tolerate false accusation. This is clearly a case of misinterpretation and possibly racial discrimination and I will not rest until my family's name is cleared.

"If Charlene had been a blue-eyed blonde Kiwi child I doubt we would have been treated the way we are being treated," the website said.

The family were shocked when police started a homicide investigation.

"Charlene's illness is no comfort but as much as it is hard to accept the death of an innocent child, HIV/AIDs is what killed Charlene."

A depositions hearing last year was told how Sifiso Gwaze discovered Charlene about 6am on January 6 with laboured breathing and soiled clothing. She was taken to an after-hours surgery before being rushed to Christchurch Hospital, where she died.

The hearing was told DNA testing identified George Gwaze's semen in Charlene's underwear. Charlene died from multiple organ failure and her HIV status could not explain the death.

Maggie Gwaze said on the website she admired her father, who was bailed to Auckland on strict conditions ahead of the trial.

Sifiso Gwaze declined to comment on the site and Maggie did not respond to requests for an interview.

A Crown Law spokeswoman said it was unclear if the Gwaze family had received its letter. She declined to comment further.

Just last month concern was raised about detailed blogs discussing the alleged murder of Dunedin woman Sophie Elliott, 22, by her ex-boyfriend, Clayton Weatherston, 32.

Steven Price, a barrister specialising in media law, said trials could be prejudiced by information posted on websites if jurors viewed the site and its content was wrong.

"I think one of the obvious solutions is for the solicitor-general to get together with the media and just come up with a protocol so when trials are before the courts this stuff gets taken down from accessible websites," Price said.

"That doesn't tackle the blogs, but it will take two-thirds of the problem and the other third is going to have to be prosecutors and the solicitor-general keeping their eye out for that sort of stuff and contacting those people directly."

Price said the Gwaze website, with nearly 800 hits, had not reached a huge audience.