‘My heart is broken - I am broken’
The mother of murdered American marketing executive Gabriela Kabrins Alban has spoken out about her grief for the first time.
|||Cape Town - The mother of slain 39-year-old American marketing executive Gabriela Kabrins Alban has spoken out about her grief for the first time since her daughter’s brutal murder.
Doris Weitz flew to South Africa from the States to attend the bail application of Diego Dougherty, accused of killing her daughter in July last year.
“My heart is broken – I am broken”, Weitz told African News Agency (ANA) after court proceedings were adjourned on Thursday in the Cape Town Regional Court and postponed to Monday.
Dougherty, who is from a billionaire Guatemalan family, faces a charge of murder after his girlfriend, Alban, was found dead in their room at the upmarket Camps Bay Retreat Hotel on July 29 last year.
He is being held in the prison section of Pollsmoor prison.
Defence lawyer William Booth read out Dougherty’s affidavit which assured the court he would not be a flight risk, and that he had the money for bail of R100 000 or another fair and reasonable amount.
In his affidavit, he complained about the “intolerable” conditions at Pollsmoor pointing out that it had been built for 1 600 inmates, but held over 4 000.
But, state prosecutor Louise Friester-Sampson opposed bail, arguing the accused has the money to abscond and evade trial.
She read out the investigating officer’s affidavit which revealed shocking details of Alban’s death.
Warrant officer Rowan Andrews’s affidavit stated that Alban had been severely assaulted. Her body was found by hotel staff. Police were called and the accused was immediately arrested.
Alban had been strangled, had defensive wounds on the back of her arms, and blunt force trauma on her face.
Andrews further stated that there was no forensic evidence to suggest a third party was at the scene at the time of her murder. There were also no signs of forced entry into the hotel room.
It also said Dougherty funds his lifestyle from his family’s 117 year old cement business, that he has travelled extensively and could easily abscond.
He had no previous convictions, no pending cases and no fixed address in South Africa. Andrews further pointed out that South Africa does not have an extradition treaty with Guatemala.
The accused’s status in South Africa is of illegal foreigner, and the Home Affairs Department had not received any applications to extend his stay.
If released on bail, he could be arrested by home affairs and found liable for deportation.
But, earlier on Thursday defence lawyer William Booth said all that was needed was a short walk, “less than 50 metres” to the Home Affairs department so that Dougherty could hand in the relevant documents himself.
“We have all the documentation ready, but the act says the applicant must himself be present. If we could have done this on his behalf, it would have been done a long time ago,” Booth told the court.
The prosecutor argued that this would only become more relevant if he were to be granted bail.
Magistrate Grant Engel postponed the bail application to Monday, May 23 when arguments will be heard.
Alban’s father, Howdy Kabrins, arrived from Malibu, California early on Thursday morning. Looking exhausted and emotional, he described his daughter as sweet and kind.
Her mother, Doris Weitz, said she had been very close to her only child, and missed her every day.
She said Alban had been invited by Dougherty to come to South Africa and had planned to get treatment for Lyme disease.
“She was a very sweet, loving, smart girl”.
Her eyes brimmed with tears as she looked at her ipad cover photo – a picture of her embracing her daughter several years ago on her birthday.
Dougherty has pleaded not guilty to murder.
Earlier on Thursday, his affidavit was read out in the Cape Town Regional court. It 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.”
African News Agency