Post by Roderick on Sept 25, 2009 10:52:24 GMT 12
...in NZ these days...??
The Court of Appeal has dismissed the Crown's challenge against the acquittal of a Christchurch man for murdering his 10-year-old niece.
Zimbabwean George Gwaze was found not guilty in May 2008 of raping and murdering Charlene Makaza.
Solicitor-General David Collins appealed the verdicts based on the "hearsay evidence" of South African paediatric surgeon Heinz Rode.
Rode 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 appeal was on the grounds of 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 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.
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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 defence counsel Jonathan Eaton said her death resulted from an infection that overwhelmed her and evidence suggested the sperm could have been the result of an "innocent transfer" in the family's washing.
The appeal court has found the evidence may have made a difference, but not enough to warrant sending Gwaze back to court.
The Court of Appeal has dismissed the Crown's challenge against the acquittal of a Christchurch man for murdering his 10-year-old niece.
Zimbabwean George Gwaze was found not guilty in May 2008 of raping and murdering Charlene Makaza.
Solicitor-General David Collins appealed the verdicts based on the "hearsay evidence" of South African paediatric surgeon Heinz Rode.
Rode 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 appeal was on the grounds of 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 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.
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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 defence counsel Jonathan Eaton said her death resulted from an infection that overwhelmed her and evidence suggested the sperm could have been the result of an "innocent transfer" in the family's washing.
The appeal court has found the evidence may have made a difference, but not enough to warrant sending Gwaze back to court.
