The Press
May 22 2008; 05:00

Delight as Gwaze acquitted
by Jo McKenzie-McLean

PETER MEECHAM/The Press

REUNITED: George Gwaze, right, holds his wife, Sifiso, who sings a song of thanksgiving outside the court. Their daughter Maggie is front left.

"Justice has been done," George Gwaze said as he left the High Court in Christchurch a free man yesterday.

Gwaze, 56, was found not guilty on a charge of murder and two counts of sexual violation of his 10-year-old, HIV-positive niece and adopted daughter, Charlene Makaza, who died last year.

The jury took less than five hours to deliver the not-guilty verdicts in front of a packed courtroom, which included members of Gwaze's family, who jumped off their seats, crying and shouting.

Justice Chisholm called for calm as Gwaze's wife, Sifiso, collapsed with emotion, and immediately discharged Gwaze.

"Mr Gwaze, you can leave the dock. You are a free man," the judge said.

He excused the jury from further service if they wished because the case had been difficult and unpleasant.

He complimented counsel Chris Lange, Jonathan Eaton and James Rapley on the professional way the case had been handled.

Outside court, the family danced, sang and praised God that Gwaze had been found not guilty.

"I am a free man. Justice has been done. I am very relieved," Gwaze said.

"It's been hard. My family have been supporting me very, very well - right from the word go. Many people could not believe I would be charged with such serious charges."

Inspector Malcolm Johnston said police were "considering their options" after the verdict, and had done "everything they possibly could" in the investigation.

"It was an extremely complex case. I don't want to make any further comment at this stage while we consider our options," he said.

A Queen's Counsel, Nigel Hampton, said the Crown did not have any right to appeal against an acquittal but could appeal on a point of law.

"The only appeal rights they have is if the judge has made a ruling on a point of law that they think is wrong and they ask the judge to reserve that point for appeal later. It's a very rarely used appeal right because it seldom fits the situation," he said.

Gwaze was charged after Charlene died in Christchurch Hospital on January 7 last year, doctors suspecting sexual abuse.

The Crown alleged she suffered anal and genital injuries that a series of medical witnesses said were probably caused by force, and had died of suffocation.

Examination of Charlene's underwear found in a washing machine showed Gwaze's DNA in sperm in the crotch area. A scientist gave evidence it was unlikely to have been deposited during laundering and was consistent with sexual activity.

Defence counsel said her death resulted from an infection that overwhelmed her. She had been infected with HIV since birth.

Evidence suggested the sperm could have been the result of an "innocent transfer" in the family's washing.

Outside court, Eaton, for the defence, was critical of the police for failing to get a specialist in HIV-related illnesses to review the medical aspects of the case.

In his summing up, Eaton said comments from a South African professor with experience of HIV cases had "dropped a bombshell" by showing similar factors between Charlene's death and those of children with HIV in South Africa.

"It was a case where the unusual circumstances that came together meant there would be some benefit having the case reviewed outside of New Zealand," Eaton said outside the court.

"Professor Beasley (Christchurch paediatric surgeon Spencer Beasley) had a view early on that perhaps it would be worth getting a South African specialist involved - someone who might know more about these types of cases.

"For whatever reason, the prosecution didn't go down that track. It really was, I guess, the Gwaze family's faith in the justice system coming through very late in the trial we do get a South Africa expert with experience who says this is a possibility."

The case had been "extremely difficult", Eaton said.

"You don't get many cases where the defence say there wasn't a crime, that it was a death by natural causes. That made it extraordinary setting itself aside from others that courts normally have to deal with," he said.

"It was difficult for police. They had evidence which, based on local advice, they came to a certain conclusion about.

"That was never accepted by the Gwaze family. Right from day one they stated their position this was not a crime at all - and I think a speedy verdict from the jury has shown the jury accepted that."

Gwaze's wife, Sifiso, said she knew her husband was innocent.

"I knew my husband was innocent right from the word go, so I am very happy with the outcome," she said.

"The defence put their trust in us right from the word go. We were telling the truth, so I am really happy."

George Gwaze said he was "glad" for Charlene. "At last now she's happy," he said.

The family would spend the evening having a "big dinner" as well as "sing and praise the Lord", he said.

The family emigrated to New Zealand from Zimbabwe. Gwaze, a government veterinary officer, wanted to escape the regime of Zimbabwean President Robert Mugabe and find a better life and education for his family.

George Gwaze, who holds two university degrees, one of them from England, was studying for New Zealand veterinary qualifications at the time of his arrest, while working as a factory technician.