Guatemalan playboy takes the stand in Cape Town

09 November 2017 - 13:09 By Tanya Farber And Aron Hyman
subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now
Diego Novella in court. File photo.
Diego Novella in court. File photo.
Image: Gallo Images / Brenton Geach

 

It was touch and go‚ but wealthy Guatemalan playboy Diego Novella will on Thursday morning take the stand in the Cape Town High Court‚ where he is on trial for the murder of his American girlfriend Gaby Alban in a Camps Bay Hotel in 2015.

Having been examined by a doctor at Victoria Hospital on Wednesday‚ it was declared that Novella was “coherent” and still “fit to stand trial” and that a 72-hour psychiatric observation process was not required.

This was after a dramatic turn of events‚ during which Novella had screamed at Judge Vincent Saldanha‚ grabbed his attorney William Booth’s phone‚ scowled openly at his murdered girlfriend’s family‚ and demanded it be placed on record that he had taken marijuana.

Howdy Kabrins‚ Alban’s father‚ was relieved that the trial would continue. Kabrins said it seemed impossible such manic behaviour could arise from the use of cannabis.

“I have been around a long time and cannabis has a mellowing effect on an individual‚” he said.

“From what I could tell‚ it was clearly something else or it is a ploy to strengthen his plea.”

Novella has pleaded not guilty to the murder of his girlfriend‚ citing “diminished capacity” caused by the tetrahydrocannabinol — or THC — from cannabis oil that he had rubbed on his skin‚ and two other substances.

In court on Wednesday‚ Novella leaned over the stand to tell Booth that his confusion was as a result of reckless driving by the police officer who brought him to court from Pollsmoor prison. They also took a different route to court and were driving too fast.

Booth told the High Court that his client took his phone and called both the Guatemalan consul and his family in Guatemala after he was taken to Victoria Hospital.

But Judge Saldanha seemed confused about Novella’s claim that the reckless driving had triggered his strange behaviour in court on Tuesday.

“I don’t understand it either but it was asked that I record it‚” Booth told Saldanha.

Booth then argued that Novella needed to be admitted to hospital for 72-hour observation to diagnose his “confused state”.

“He told the court that he had taken cannabis. His behaviour before court [on Tuesday] should be clear to all that something is not right‚” said Booth.

But Saldanha said his behaviour was easily explained by the fact that he admitted to being intoxicated.

“Is that not a simple explanation for his conduct? Why must he be taken in for 72-hour observation?” he said.

Linda Kabrins‚ Alban’s stepmother‚ told TimesLIVE that Novella had been staring at her on Tuesday and that “one guard had his hand on his gun the whole time” as it seemed things would go out of control any second.

It had taken four officers to subdue Novella‚ said Kabrins.

The case continues.

subscribe Just R20 for the first month. Support independent journalism by subscribing to our digital news package.
Subscribe now