Stuff
May 19 2008

Murder trial focuses on girl's injuries
NZPA

Ten-year-old Charlene Makaza - whose sudden death is now the subject of a trial on sexual violation and murder charges - had earlier complained of pain when she went to the toilet, the High Court at Christchurch was told.

The jury in the murder trial of her uncle, George Evans Gwaze, heard a morning of cross-examination mostly about the girl's injuries.

After her sudden collapse, police were called when medical staff discovered an injury to her anus.

The trial, now in its fourth week, heard on Friday that a South African doctor had spoken to a New Zealand expert witness in the case, and said such damage could be associated with children who died of congenital HIV. Charlene, who lived in Gwaze's household after the death of her own parents, was born with HIV.

Defence counsel Jonathan Eaton today questioned pathologist Dr Martin Sage about whether the 3mm to 5mm radial tears found post mortem could have been caused by her chronic inflammation of the bowel and the passage of a hard stool.

Dr Sage said he did not accept that was a satisfactory explanation.

He said he had difficulty with the proposition that she could have been constipated at the same time as she had diarrhoea, a condition that was noted around the time of her collapse and death in January last year.

Mr Eaton pointed out earlier evidence from Gwaze's wife that Charlene had complained, prior to her collapse, of pain while passing a stool.

He asked: "Might that be indicative of having some sort of anal fissure?"

Dr Sage: "It might, but it doesn't tell you whether that was the cause or whether she was constipated."

Charlene was found in her bed one morning with breathing difficulties, and was rushed for medical treatment, but died in hospital only about 18 hours later.

Dr Sage said that children with HIV could be overwhelmed with pneumonia or tuberculosis very quickly, but not in such a short time.

He said he saw between three and six cases a year of adults and children who went from being well to being critically ill in a matter of hours because of an overwhelming infection.

He also said he saw one or two cases every couple of years, where the causative pathogen could not be identified at the post mortem examination.

He had not found any bruising to Charlene's lips which might have been evidence of suffocation if pressure had been applied to her mouth and nose. There could be little evidence of suffocation if her head had been forced into a pillow, because the gradual force applied to the back of the head could leave no bruises.

He acknowledged that a suffocation victim in that situation would be expected to fight and thrash about while they remained conscious.

Gwaze, 54, denies charges of sexual violation and murder.