The Press
May 26 2008

Crown may appeal against acquittal

NZPA

Crown prosecutors may appeal against the acquittal of George Gwaze for the sexual violation and murder of his 10-year-old niece, in a rare legal move.

Gwaze, 54, was found not guilty last week at the High Court in Christchurch.

But prosecutor Chris Lange has asked the Solicitor-General to consider an appeal after the Crown failed to have the trial aborted in its final days.

The challenge relates to a development late in the trial when lawyers became aware of South African paediatric surgeon Heinz Rode's views that there were similarities between Charlene Makaza's symptoms and those of children who died of Aids there.

Lange objected to Rode's evidence being admitted through a statement.

But the judge refused to abort the trial or delay it for several weeks so Rode could be called as a witness.

Gwaze's counsel, Jonathan Eaton, said that while the Crown's move was unusual "nothing would surprise me".

The Crown alleged Charlene, who lived with 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 having breathing difficulties and was rushed to hospital, but died around 18 hours later.

Medical evidence was given that damage to Charlene's genital and rectal areas indicated she had been sexually assaulted. Sperm from Gwaze was found on her underpants.

But Eaton said her death resulted from HIV which she had had since birth and Gwaze's sperm could have been transferred to Charlene's underpants during the family wash.

Gwaze's family is also considering laying a complaint with police alleging police discrimination during the investigation and seeking the return of Charlene's 13-year-old sister Charmaine.

She was removed from the Gwazes' care by Child Youth and Family after the death.