Police swooped on Diego Novella for the murder of his girlfriend, Gaby Alban, because he happened to be at the crime scene and when asked about her whereabouts he replied: "She is dead." His lawyer, William Booth, slated officers yesterday for not being able to provide him with evidence linking his client to the murder of the 39-year-old American marketing executive. Booth launched an application to compel the prosecution to provide the evidence.Guatemalan Novella, 41, appeared in Cape Town Magistrate's Court on a charge of murder following his arrest at the hotel Camps Bay Retreat on July 29.His bail application is provisionally set for Friday.Booth said he had received Novella's warning statement and a copy of the charge sheet, but no forensic or autopsy report. He said the State said Novella shared a room with Alban and that he assaulted her and inflicted injuries that caused her death. "How is the accused linked to the offence? If there isn't more than what is down here then there is no case. For example, there were talks about narcotics found in the room where the deceased was found. They (prosecutors) should have preliminary reports."According to the prosecution, the evidence against Novella is circumstantial as forensic reports and the autopsy results are still awaited. The court will rule on Booth's application today.Alban's body was found with her head apparently smeared with faeces. There was cocaine in the room and it is believed she had been sexually violated.Earlier, the court refused an application by Times Media and eNCA to film the proceedings and photograph Novella in the dock. An identity parade is yet to be held...