Murder that wasn't

George Gwaze case – double trial, double tragedy

Murder That Wasn’t is an extraordinary account of an innocent man twice charged and twice acquitted of rape and murder. George Gwaze is the only person in New Zealand’s judicial history tried for a second time after being acquitted.

At 6 am on Saturday 6 January 2007, ten-year-old Charlene Makaza was found unconscious, gasping for breath, with a high fever and lying in a pool of diarrhoea. Her family rushed her to the Christchurch 24-hour clinic. By two o’clock that afternoon the diagnosis shifted from septic shock to one of violent sexual assault and attempted suffocation. The police were called and the family found themselves engulfed in a criminal investigation.

Charlene presented with a unique combination of symptoms. One of the tests undertaken to determine her condition was for HIV. The test came back positive and compelling evidence later emerged that proved the severity of Charlene’s HIV illness. Professor Sebastian Lucas, internationally renowned HIV expert from St Thomas’ Hospital London, would later describe Charlene’s HIV as the most advanced he’d ever seen in a child.

Charlene died at 1.15am on 7 January in Christchurch Hospital. The medical team treating her were convinced that a brutal sexual assault and attempted suffocation had caused her death. The HIV test was deemed irrelevant. Medical opinion coloured the police investigation and in turn the police investigation determined how the media presented the story to the public.

‘The Gwaze family’s story illustrates how a fixed mindset can emerge at the outset of an investigation and be perpetuated every step along the way,’ says author Professor Felicity Goodyear-Smith. ‘In this case medical professionals, the police and prosecution operated on the assumption that abuse must have happened. The consequences for George Gwaze and his family were devastating.’

Murder That Wasn’t meticulously explores the facts, based on scientific, medical and court records and individual interviews. ‘The hope,’ says Goodyear-Smith, ‘is that understanding how mistakes were made in this case can serve as lessons for the future.’

Professor Felicity Goodyear-Smith is a qualified general practitioner and forensic physician. Over the years her roles have included police doctor, prison medical officer and ship’s surgeon. She has acted as expert witness or medical adviser in a number of trials, including the hearings involving George Gwaze. She is now the Academic Head of the Department of General Practice and Primary Health Care, University of Auckland, New Zealand, and is also the founding editor of the Journal of Primary Health Care. Murder That Wasn’t The case of George Gwaze By Felicity Goodyear-Smith Release Date: January 2015 ISBN  978-1-877578-99-1, $35 www.otago.ac.nz/press www.facebook.com/OtagoUniversityPress