State argues Novella killed Alban in rage after insult
What was Diego Novella’s state of mind on the day he allegedly killed Gabriela Alban?
That is the question Judge Vincent Saldanha will have to answer when he considers whether Novella has the criminal capacity to be held responsible for killing the 39-year-old Alban‚ who was found dead in a room at the Camps Bay Retreat Hotel in July 2015.
State prosecutor Mornay Julius contended on Thursday during closing arguments that Novella had been fuelled by anger after being insulted by Alban that morning.
The defence has argued that Novella had “psychotic-like” visions that Alban was a demon, as a result of drugs he had taken. Novella also told a psychiatrist at one point that both he and Alban had been possessed by a demon.
“It seems the accused does not want to admit that he became angry because of a result of [the insult] or that that somehow played a role in what occurred later‚” Julius said.
Novella and his defence attorney‚ William Booth‚ have said he was defending himself against the demon in Alban when he attacked her. Novella was in a “psychotic-like” state on that day‚ Booth has said‚ arguing in favour of non-pathological criminal incapacity.
Saldanha will have to decide whether to believe Novella’s version of the events or the opinions of the two psychiatrists brought in as expert opinions.
One psychiatrist contended that Novella saw Alban as a demon‚ while the other said he believed there was a demon inside Alban.
Julius said on Thursday that nearly all of Novella’s recorded actions on the day of Alban's death had been fairly rational‚ such as his interactions with hotel staff and his cancellation of a tennis lesson he had scheduled in the morning. Novella’s recollection of the incident also proved he had mental capacity at the time‚ Julius said.
Julius recounted Novella’s actions during and after Alban's death. He also described Alban’s injuries‚ which included blunt force trauma to her head‚ neck and face.
While he was doing so‚ Alban’s family wiped away tears and comforted each other as they sat near the front of the court.
Her family members have been present throughout the lengthy trial. Howdy Kabrins‚ Alban’s father‚ hasn’t missed a day of trial and said on Wednesday that they were there to make sure their daughter got justice.
Novella has testified that he defecated on Alban's face after her death‚ then wrote “cerote”‚ which means “piece of s**t” in Spanish‚ on her chest before placing her passport on her body. The injuries to Alban were consistent with a focused‚ controlled attack‚ Julius said‚ and his actions after she was dead showed someone with rational thinking.
“There can be no question‚ no doubt‚ that the accused had direct intention to kill‚” Julius said.
After the incident‚ Novella changed clothes‚ then walked to the beach in Camps Bay‚ Julius said.
“Why would a demon want to go to the beach?” Saldanha asked‚ while questioning Julius about Novella's claim that he had been possessed.
“It makes no sense‚” Julius responded.
Booth told TimesLIVE that Novella’s recollection of the incident was coloured by his mental state at the time.
“One mustn’t forget that he’s testifying about an incident [that occurred when] he says — and others [say] — that he was intoxicated‚” he said.
Closing arguments will continue on Monday.