In a legal first for New Zealand, the Supreme Court has agreed to hear an appeal against a murder acquittal.
A jury last year cleared Christchurch man George Gwaze of raping and murdering his 10-year-old niece Charlene Makaza in 2007.
Her family say her death was due to complications from her HIV infection, but police alleged Mr Gwaze suffocated the girl while raping her.
The Crown had already been refused a retrial by the Court of Appeal, but on Monday the Supreme Court ruled that it would hear the case.
The Crown argued that the trial judge should not have allowed hearsay evidence from a South African doctor supporting the defence's claim that the girl died of HIV-related complications.
The Supreme Court says it will now consider whether the trial judge erred and whether Mr Gwaze should be retried.
