Stuff
May 20, 2008

Makaza murder trial jury to consider verdict
NZPA

A jury will decide tomorrow whether the crown has proved Charlene Makaza was the victim of a sex attack and suffocation, or whether the 10-year-old girl's death was the result of an infection that overwhelmed her.

Her sudden death in January last year has been the subject of a four-week trial in the High Court at Christchurch.

The jury heard closing addresses by the crown and defence counsel today, and Justice Lester Chisholm will sum up tomorrow morning before the jury retires to consider its verdicts, Christchurch Court News website reported.

Gwaze, 54, denies charges of sexually violating and murdering his niece, who had been a member of his household since her parents died. She had been infected with HIV since her birth.

Crown prosecutor Chris Lange said there had been inconsistencies in the family's evidence. They had tried to portray Charlene as a very sick girl, but that was not what medical staff said.

He said the medical evidence was that damage to her genital and rectal area indicated she had been sexually assaulted.

The pathologist had said the damage was highly consistent with forcible anal penetration. The court had been told the tissue was stretched and torn.

Sperm from the accused had been found on the 10-year-old girl's underwear.

The scientist who presented that evidence said it was consistent with drainage after sexual activity or deposit during sexual activity, rather than being transferred between garments when they were being laundered as the defence contended.

Defence counsel Jonathan Eaton pointed to evidence from overseas experts that her injuries had strikingly similar features to those found on children who died of Aids overseas.

That evidence had changed the complexion of the case, late in the trial, he said.

Local experts had no doubt had the best of intentions, but the case was "outside their body of experience".

He said real doubts had been raised by experts in the case.

"The faith that Mr Gwaze and his family put in our justice system is now being rewarded," Mr Eaton said.

The jury would be asked to decide whether the girl's sudden collapse and death in hospital was the result of an overwhelming sepsis or was caused by a sex attack and suffocation.