Radio NZ
May 22 2008; 08:29

Understanding HIV crucial to acquittal - lawyer

The lawyer who successfully defended a Christchurch man accused of murdering his niece says local clinicians did not have enough understanding of HIV.

Charlene Makaza died in January last year. Her uncle, George Gwaze, was charged with her murder and sexual violation. A jury on Wednesday cleared Mr Gwaze of the charges.

His lawyer, Jonathon Eaton, said the case was unusual as the defence did not believe a crime had been committed.

He said the 10-year-old-died of natural causes stemming from her HIV infection and was not suffocated as the Crown contended.

Mr Eaton told Morning Report a lack of local knowledge about HIV symptoms meant a South African clinician's evidence was crucial, and local clinicians did not have enough experience of an HIV strain out of Zimbabwe.

The not-guilty verdict on Wednesday prompted a loud uproar from Mr Gwaze family. His wife, Sifiso Gwaze, collapsed on the floor as other family members leapt up shouting: "Yes! God is good."

Mrs Gwaze says she always knew her husband was innocent.

The jury delivered its verdict after deliberating for 3½ hours.