The Press
April 29 2008

Girl, 10, sexually assaulted, suffocated - Crown
by Dean Calcott

Charges denied: George Gwaze, uncle and adoptive father of Charlene Makaza, follows proceedings in his trial at the High Court in Christchurch for her murder. The trial began yesterday.

Photo: Peter Meecham/The Press

A jury must decide if a girl suffered a violent sexual attack by her uncle, resulting in her death, or whether she died of natural causes from an overwhelming infection.

The trial began in the High Court in Christchurch yesterday of George Evans Gwaze, 56, who faces a charge of murdering Charlene Makaza, his 10-year-old niece and adopted daughter, and two of sexually violating her.

Defence counsel Jonathan Eaton said there was no sexual assault.

Charlene died of natural causes and DNA evidence implicating Gwaze came from cross-contamination caused by the jumbling of clothing, he said.

Opening the case for the Crown, prosecutor Chris Lange said that on January 6 last year, Gwaze's wife had been woken by an alarm at 5.45am.

She heard unusual breathing sounds coming from the room where Charlene was asleep with her cousin.

She found Charlene in a state of collapse and breathing with difficulty, mucus and froth around her mouth, and evidence of diarrhoea.

Charlene was taken by Gwaze and his wife to a 24-hour surgery in Bealey Avenue, where the seriousness of her condition became obvious, Lange said.

Charlene was taken by ambulance to Christchurch Hospital, where she remained unconscious, and was placed in intensive care. She died about 1am the next day.

Medical examination revealed a large tear to the anus consistent with trauma, and lesser injuries to the genital area.

"These injuries were indicative of a sexual assault on the victim," Lange said.

An HIV test was positive.

Pathologist Dr Martin Sage concluded an analysis of Charlene's brain showed the effects of profound hypoxia. He concluded the anal and genital injuries could not be explained by natural conditions, or accident, and were consistent with forcible penetration.

They must have been painful and caused significant bleeding, but were not life-threatening in themselves.

The stopping of her breathing had to be the possible cause of her collapse, Sage had concluded.

Semen taken from Charlene's underwear was matched with Gwaze's DNA.

"It is the Crown's case that the forensic examination of the underwear implicates the accused," Lange said.

When Gwaze was interviewed by police, he said he was in effect being "set up". He did not believe what they said about the forensic testing.

The Crown case was the cause of death was suffocation, Lange said.

Opening for the defence, Eaton said Gwaze did not commit sexual violation or murder.

Charlene, a sickly child diagnosed with HIV, died of natural causes, probably from an overwhelming infection.

With HIV, her ability to fight even an everyday infection was compromised, Eaton said.

If the sexual assault occurred as the Crown said, it was when Charlene was asleep close to her 20-year-old cousin, who heard and saw nothing, Eaton said.

The injuries did not occur from sexual assault.

The trial is expected to take about three weeks and hear from more than 60 witnesses.