Murder accused says his mental state will play pivotal role in his trial

[Judi Lynn]

Source: Times

Murder accused says his mental state will play pivotal role in his trial


Philani Nombembe | 19 May, 2016 14:52

Booth said that Novella had already rented a place to stay should he be released on bail and provided the court with proof of a lease agreement.

“My mental state is going to play a pivotal role in my trial‚" says a Guatemalan tourist accused of the gruesome murder of his girlfriend at boutique hotel in Cape Town.

. . .

Diego Novella‚ accused of killing US marketing executive Gabriela Kabrins Alban‚ applied to be released on bail at the Cape Town Magistrates’ Court on Thursday. Novella said in an affidavit‚ motivating for his release‚ that he came from an influential family which runs a cement business in Guatemala.

. . .

"My brother Lucas is available in South Africa and has arranged accommodation. The court should consider the issue of diminished responsibility due to drug use (at the time of the incident). My mental state is going to play a pivotal role in my trial."


Read more: http://www.timeslive.co.za/local/2016/05/19/Murder-accused-says-his-mental-state-will-play-pivotal-role-in-his-trial

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Party time Diego Novella



Diego Novella with the late Gabriela Kabrins Alban [/center]

[Judi Lynn]

1. Guatemalan murder accused to plead not guilty

Guatemalan murder accused to plead not guilty

2016-05-19 16:13

Jenna Etheridge, News24



Cape Town - Guatemalan murder accused Diego Dougherty intends pleading not guilty to killing an American marketing consultant in Camps Bay, the Cape Town Magistrate's Court heard on Wednesday.

The court was also asked to consider diminished responsibility by way of drug intoxication, as per a psychiatric report, despite him being able to appreciate the wrongfulness of his actions.

This emerged during a formal bail application, in which his lawyer William Booth read out an affidavit on his behalf.

He said his client, 42, would be able to pay R100 000 bail, but the amount was "very flexible" and more could be raised if needed.

More:
http://www.news24.com/SouthAfrica/News/guatemalan-murder-accused-to-plead-not-guilty-20160519

[Judi Lynn]

2. ‘She was like a character out of The Exorcist’

‘She was like a character out of The Exorcist’

news/crime-courts /

03 April 2016 at 12:29pm


Cape Town - The man accused of murdering US marketing executive Gabriela Alban in an upmarket Camps Bay hotel room says she looked like the protagonist in The Exorcist when he last saw her through a glass door after the pair took drugs together.

That’s according to a report before the Cape Town Magistrate’s Court, which revealed Diego Novella’s alleged hallucinations that night, included that he was getting Morse code messages as he waded into the sea after the killing and that he thought he’d seen musician David Bowie.

The report was submitted by a panel of health experts who assessed the Guatemalan, held in Pollsmoor Prison’s hospital section, after he was referred for evaluation at Valkenberg Psychiatric Hospital. While the panel found him fit to stand trial, their report indicated the court could consider a plea of diminished responsibility thanks to Novella’s prolonged drug abuse.

Alban’s body was found on July 29, with faeces on her head and a curling iron beside her. Novella was reportedly semi-naked on Camps Bay beach when he was arrested. According to the report, the pair had taken a combination of sceletium (a herb chewed apparently to prevent stress) and cannabis oil at the Camps Bay Retreat Hotel.

More:
http://www.iol.co.za/news/crime-courts/she-was-like-a-character-out-of-the-exorcist-2004401