Retrial ordered for HIV child murder accused

The Crown unsuccessfully appealed the verdicts in the Court of Appeal, but the Supreme Court has overturned that decision. Photo / Herald on Sunday

George Gwaze will again stand trial for the murder of his 10 year-old niece after the Crown successfully won an appeal in the Supreme Court today.

The decision was released by the court this afternoon.

George Gwaze was found not guilty of the murder and sexual violation of Charlene Makaza following a High Court trial at Christchurch in May 2009.

The Crown unsuccessfully appealed the verdicts in the Court of Appeal in July, but the Supreme Court has overturned that decision.

Charlene, who lived with her extended family in Christchurch after being orphaned in Zimbabwe, was found unresponsive in her bed on January 6, 2007, and later died.

The Crown claimed Gwaze suffocated his niece after sexually assaulting her in her bed.

Medical evidence was given that damage to Charlene's genital and rectal areas indicated sexual assault, but defence lawyers said the death was from an HIV-related infection.

The Supreme Court today ruled that a re-trial was necessary, despite the length of time since the first trial.

"Delay in such circumstances is not a matter which can outweigh the interests of justice in obtaining a verdict only after proper trial," the finding said.

The court found that the defence had used hearsay evidence from a medical expert and the evidence had then been used in the Judge's summing up to the jury.

The Supreme Court has ruled that the comments should not have been included in evidence.

"We conclude therefore that the acquittals must be set aside and a new trial directed," the ruling said.