The Press
May 21 2008;
Gwaze not guilty of niece's murder
Shouts of jubilation as uncle acquitted
NZPA
George Evans
Gwaze's family shouted for joy and danced in the public gallery of the High Court
at Christchurch today as he was acquitted of raping and murdering his
10-year-old niece, Charlene Makaza.
A jury of seven
men and five women took just under five hours to reach its verdict today after
a trial that stretched into a fourth week.
After retiring at
11.20am, the jury indicated just before 4.15pm that verdicts had been reached.
At 4.25pm the jury returned not guilty verdicts on the murder charge and two
counts of sexual violation.
Justice Lester
Chisholm discharged the 54-year-old immediately he was acquitted.
"Mr Gwaze you
can leave the dock," he told the Zimbabwean, who bowed his head on hearing
the verdicts. "You're a free man."
The crown alleged
Charlene, who lived with Mr Gwaze and his family in Christchurch, died of
suffocation after a sex attack in her bed in January last year.
Charlene was found
by her aunt in bed having breathing difficulties and was rushed for medical
treatment, but died in hospital some 18 hours later.
Medical evidence
was given that damage to Charlene's genital and rectal areas indicated she had
been sexually assaulted. Sperm from Mr Gwaze was found on her underpants.
But defence
counsel Jonathan Eaton said her death resulted from an infection that
overwhelmed her. She had been infected with HIV since her birth.
Evidence suggested
the sperm could have been the result of an "innocent transfer" in the
family's washing.
Mr Gwaze's wife, Sifiso Gwaze, family members and supporters screamed out
"yes" after the jury foreman answered "not guilty" to each
of the three indictments and danced briefly about the gallery, prompting
Justice Chisholm to call for calm.
He thanked the
jury for deliberating through a "difficult trial" and considering an
"enormous amount of evidence" in an "emotionally draining"
task.
Jury members were
exempted from further service.
Outside court
House, Mr Gwaze was asked about his niece.
"At least now
she is happy," he told the gathered media.
Mr Gwaze said the
former Zimbabwean family – which has behaved with complete dignity throughout
the long trial process – now planned to "have a big dinner and sing and
pray".
Family members
welcomed him with song as he left the building.
"Many people
couldn't believe I was charged with such serious charges," Mr Gwaze said.
"The family always
said this was not a crime at all. With Jonathan (Eaton) on my side, I knew I
would have a fair trial."
Mrs Gwaze said:
"I knew my husband was innocent from the word go. We were telling them the
truth."
Mr Eaton said it
as an extremely difficult case.
"There was no
crime. It was death by natural causes."