In a legal first, the Crown will today appeal the acquittal of a man for the rape and murder of his 10-year-old niece and seek a retrial.
George Gwaze was found not guilty of the murder and sexual violation of Charlene Makaza at a High Court trial in Christchurch in May last year.
The Crown unsuccessfully appealed the not guilty verdicts in the Court of Appeal in July.
But in November the Supreme Crown overturned that decision and agreed to hear the appeal.
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 attacking her in her bed.
Medical evidence was given that damage to Charlene's genital and rectal areas indicated sexual assault.
But defence counsel Jonathan Eaton said the death was from an infection that resulted from her having contracted HIV.
The Crown's appeal is based on "hearsay evidence" of South African paediatric surgeon Heinz Rode, called by the defence late in the trial.
He testified in a statement that Charlene's symptoms were similar to those of Aids victims in South Africa.
NZPA