The daughter of a man ordered to undergo a retrial after being cleared of rape and murder says the case is now more about "persecution than prosecution" and reeks of racism.
Zimbabwean immigrant George Gwaze was found not guilty of the rape and murder of his 10-year-old niece Charlene by a Christchurch High Court jury in 2008 but the Crown objected to what it considered the presentation of hearsay evidence by the defence and took the rare step of appealing the verdicts.
The Court of Appeal upheld the verdicts but in a ruling released yesterday, the Supreme Court quashed Gwaze's acquittals and ordered a new trial.
It said a substantial miscarriage of justice had occurred at the original trial over evidence admitted from a South African medical expert.
The Crown said Gwaze suffocated or strangled his niece during sexual violation. But the defence said the damage was from an infection that resulted from her having contracted HIV.
Late in the trial Gwaze's lawyers presented evidence from paediatric surgeon Professor Heinz Rode that Charlene's symptoms were similar to those of South African Aids victims.
Gwaze's daughter, Maggie, said yesterday the Supreme Court decision was very disappointing.
"I think this is more (about) persecution than prosecution now," she told the New Zealand Herald.
"If there's ever been a display of discrimination and racism in New Zealand, this is the best of it. It's because of where we come from and who we are."
Her family could now only show up in court again and "see what they have in store for us", she said.
Another daughter, Nothando Gwaze, 23, also expressed disappointment at the Supreme Court decision.
"We will stand by the truth, which is what we have done since this whole thing began, and we know that justice will surely prevail and we won't give up," she told The Press.
Both the Appeal Court and Supreme Court found that Prof Rode's evidence should not have been heard by the jury, but only the Supreme Court found this to be an error of law, and therefore upheld the appeal.
NZPA