Family faces Camps Bay murder suspect in court
The distraught parents of US marketing executive Gabriela Kabrins Alban have travelled from the US to face her alleged killer in court.
|||Cape Town - The distraught parents of 39-year-old American marketing executive Gabriela Kabrins Alban have travelled from the United States to face her alleged killer in a Cape Town courtroom.
Diego Dougherty on Thursday began his bail application in the Cape Town Regional court where he stands accused of murdering Kabrins in the upmarket hotel room they were sharing in Camps Bay in July last year.
Her father, Howdy Kabrins, looking exhausted and emotional, told the African News Agency (ANA), he had arrived in Cape Town from Malibu, California, earlier on Thursday so that he could be present for court proceedings.
Her mother, Doris Weitz, supported by her husband and Kabrins’ stepfather Alexander Williams, broke down and sobbed during the lunchtime court adjournment.
Magistrate Grant Engel lifted an earlier court order banning the media from photographing the accused as there were no more ID parades scheduled. The media was allowed to briefly photograph Dougherty, but Engel made it clear it should not impact on the proceedings. “This is a bail application not a photo shoot.”
Defence lawyer William Booth read out Dougherty’s affidavit and assured the court his client would not be a flight risk should he be granted bail.
He said a bail amount of R100 000 would be fair and reasonable and also told the court that Dougherty’s brother had secured a place for him to stay with a signed lease agreement. The magistrate ordered that the address not be made public.
According to the affidavit, Dougherty was born in 1973 and has dual citizenship – Italian and Guatemalan. He entered South Africa on his Italian passport.
He is one of seven siblings and had previously been referred to as Diego Novella.
His father, who ran their 117-year-old family cement business, died in April while Dougherty was incarcerated and this, according to his affidavit, had affected him deeply.
Dougherty got to know Gabriela Kabrins fifteen years ago while studying in the United States of America. After her first divorce, she met up with him again and they lived together for a while in Guatemala City.
His affidavit further stated that the pair had come to South Africa on holiday. He said both of his passports remain in the hands of the police, and he had no intention of leaving South Africa.
Dougherty said he was currently incarcerated in the hospital section of Pollsmoor prison where the situation was intolerable because of overcrowding. His affidavit pointed out that the prison was built to house 1,600 inmates but currently incarcerates more than 4 000.
The affidavit also indicated that a psychiatrist, Professor Tuviah Zabow, had found that his mental state could “play a significant role in this case.”
“The court could consider a plea of diminished responsibilty on the grounds of drug intoxication.”
The 43-year-old further stated that his family supported him and had visited him in prison.
His brother Lucas was in court on Thursday to support him.
Dougherty also stated in his affidavit that Philip Reynolds from the Detective Agency would provide the necessary security and ensure that he adhered to his bail conditions. Dougherty would also be prepared to be placed under house arrest and visit the nearest police station daily.
He further told the court that he would plead not guilty to intentionally killing Gabriella Kabrins.
The bail application was set to continue on Thursday afternoon.
African News Agency