KEY POINTS:
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."
- NZPA
