Crown prosecutors may appeal the acquittal of George Gwaze for the sexual violation and murder of his 10-year-old niece, in a rare legal move.
Mr Gwaze, 54, was found not guilty last week at the High Court in Christchurch.
But prosecutor Chris Lange has asked the Solicitor-General toconsider an appeal after the Crown failed to have the trial aborted in its final days, the Sunday Star Times reported today.
The challenge relates to a development late in the trial when lawyers became aware of South African paediatric surgeon Heinz Rode's views that there were similarities between Charlene Makaza's symptoms and those of children who died of Aids there.
Mr Lange objected to Mr Rode's evidence being admitted through a statement.
But the judge refused to abort the trial or delay it for several weeks so Mr Rode could be called as a witness.
Mr Gwaze's counsel Jonathan Eaton told the Sunday Star Times that while the Crown's move was unusual "nothing would surprise me".
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 having breathing difficulties and was rushed to hospital, but died 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 Mr Eaton said her death resulted from HIV which she had had since birth and Mr Gwaze's sperm could have been transferred to Charlene's underpants during the family wash.
Mr Gwaze's family is also considering laying a complaint with police alleging police discrimination during the investigation and seeking the return of Charlene's 13-year-old sister Charmaine.
She was removed from the Gwazes' care by Child Youth and Family after the death.
