KEY POINTS:
The Crown is appealing the acquittal of a Christchurch man for murdering his 10-year-old niece.
Zimbabwean George Gwaze was found not guilty last May of raping and murdering Charlene Makaza.
Solicitor-General David Collins is appeal the verdicts based on the "hearsay evidence" of South African paediatric surgeon Heinz Rode, The Press reported.
He testified through a statement that Charlene's symptoms were similar to those of Aids victims in South Africa.
Charlene had been HIV positive since birth.
The three grounds for the appeal are:
* Whether the hearsay evidence of Rode should have been admissible;
* whether the trial should have been aborted; and
* whether witness paediatrician Maud Meates-Dennis should been recalled to have Rode's evidence put to her.
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 sexually assaulted. Sperm from Mr Gwaze was found on her underpants.
But defence counsel Jonathan Eaton said her death resulted from an infection that overwhelmed her.
Evidence suggested the sperm could have been the result of an "innocent transfer" in the family's washing.
A Gwaze family spokeswoman yesterday told the newspaper the family was disappointed with the decision.
The Court of Appeal could order a retrial upon after hearing the appeal.
- NZPA
