Camps Bay murder case on hold

The case against Diego Novella hs been postponed for a ruling on whether the defence can be given access to the state’s docket.

Cape Town - The Cape Town Magistrate’s Court has postponed the case against murder accused Diego Novella for a ruling on whether the defence can be given access to the state’s docket.

Novella appeared before Magistrate Grant Engel on Thursday for his defence lawyer to argue an application for access to the contents of the state’s investigation.

The Guatemalan was arrested in July after allegedly sexually assaulting and killing his girlfriend, American Gabriela Kabrins Alban.

It emerged in court that she had arrived in South Africa after Novella and shared a room with him at a top boutique Camps Bay hotel.

It was in that room, that the murder took place.

Novella was arrested and according to preliminary documents handed to the defence was not able to give a coherent account of what had happened.

Defence lawyer William Booth argued that the state should provide him with forensic evidence, the postmortem report and the investigating officer’s affidavit.

He said the bail application had been put on hold pending an assessment of Novella’s mental state.

In August, the Magistrate referred Novella to the Valkenberg Psychiatric hospital on an urgent basis.

But Booth said he is far down a long waiting list at number 63, and could probably only be accommodated in the middle of next year.

Booth argued that if his client was found to be mentally unfit, it would have a significant impact on a bail application and would also determine whether he was fit to stand trial.

He said the delays in having his client assessed were infringing on his right to a speedy and fair trial, and he may have to consider bringing an urgent application to expedite the assessment in the high court.

“You don’t have to fix a trial date to be entitled to get the evidence. We want to have him assessed as it is relevant to bail and the trial. Why we are here today is because it is going on and on. The state has had enough time to investigate. We are entitled to the docket, its just a question of when”, Booth said.

Calling it “a sad day” for our justice system, Booth lamented the delays on all fronts.

Police have not received phone records from the hotel, and only recently subpoenaed them. State Proscecutor Louise Friester-Sampson later argued that the hotel had been reluctant to hand them over because of the sensitivity of the “international clients” who frequent the five-star Camps Bay hotel. They would only be available by the first week of March.

Booth argued that he required the information in the docket to decide on the strength of the state’s case and whether his client should ask for bail. He said it was Novella’s “constitutional right” to have access to that information.

“This is one case, but it epitomises the whole system. I’m saying, give us what you’ve got”, he said.

But Friester-Sampson said “the state should not be forced to show its hand prior to a possible bail application”.

She told the court that the state believed cellphones taken from the scene may reveal why Alban arrived in South Africa later than Novella, but they would need to be forensically examined in another country. Electronic devices belonging to the accused and the deceased could not be unlocked in South Africa.

Blood spatter analysis also still needed to be done and forensic lab test results would only be done by December 23.

“The prejudice the accused will suffer is limited,” she argued.

She also told the court that one of the state’s witnesses was so traumatised by the scene itself that he had not made himself available until recently, which had also caused a delay in the completion of the investigation.

Friester-Sampson also said that it was the accused who had informed the staff at the hotel that his “intimate partner” was dead.

Magistrate Grant Engel postoned the matter until December 21 when he will deliver judgement on the application.

He ordered that Novella remain in custody at the hospital wing of Pollsmoor prison.

Booth said he may request a transfer to Goodwood prison where hospital facilities were better.

He said his client was in a room with 19 others and had been seen by a doctor only once. He was also not receiving any medication for his mental issues.

Novella listened intently during proceedings. His long hair had been cut short revealing the number 13 tattooed on the side of his neck.

African News Agency

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