Murder case delay irks embassy

07 March 2016 - 02:30 By Philani Nombembe

The Guatemalan embassy has voiced its discontent with the South African justice system's tardiness in investigating a murder charge against one of its citizens, Diego Novella. Ambassador Acisclo Valladares Molina expressed his concern after Novella's appearance in the Cape Town Magistrate's Court on Friday. Novella was arrested for allegedly killing his American girlfriend, Gaby Albans, at a boutique Cape Town hotel in July last year.The court referred Novella to Valkenberg Psychiatric Hospital for mental evaluation but on Friday it was told that the report on his mental condition would be ready only in another fortnight.Novella's counsel, William Booth, wants access to the docket to prepare for the trial, but the prosecution says this will scupper the police investigation.Booth asked the court to compel the prosecution to grant him access to the evidence. It will rule after seeing Novella's psychiatric report.Molina was not impressed. "(Access to the police docket) ... is a very important human right," he said. "Anyone who has to go on trial needs to see the evidence. After all, what is important for the prosecution and the defence is the truth."I am really concerned about the evidence and that the investigation has not been conducted fast. We are worried about it."Molina said appalling conditions in South African prisons also gave him sleepless nights. "In many countries we sometimes forget that prisoners are human beings," he said.According to the state, the police are battling to access evidence on three phones confiscated from the murder scene. They are also waiting for blood splatter and footprint experts' reports.Albans's body was found on July 29 in a room she shared with Novella at the Camps Bay Retreat hotel. Her head was apparently smeared with faeces and it is believed that she had been sexually abused.Cocaine was found in the room.Booth asked that Novella be held at the Goodwood Prison's hospital section. The matter was postponed until March 23...

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