NZ Herald
May 22 2008; 05:00
Celebration songs and joy after not guilty verdicts
NZPA
Charlene Makaza
George Evans
Gwaze's family shouted for joy and danced in the public gallery of the High
Court at Christchurch yesterday 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 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 assaulted sexually. 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" 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 the
courthouse, Mr Gwaze said: "At least now she [his niece] is happy."
He said his
Zimbabwean family - who 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:
"There was no crime. It was death by natural causes."