Cape Town - The State has told the court it has evidence which places Guatemalan murder accused Diego Novella at the scene where US businesswoman Gabriela Alban was found dead.
It was also revealed on Monday in the Cape Town Magistrate’s Court that on the night of the murder Novella was found wandering around on Camps Bay beach and when asked where Alban was, he replied: “She is dead.”
State prosecutor advocate Louise Friester-Sampson made these submissions in court on Monday to link Novella to the incident on July 29.
Novella, 41, was arrested and charged with murder after Alban, 39, was found dead in a room at a luxury Camps Bay hotel.
It is believed that she was strangled.
International media have reported that her death followed “a night of drugs and sex” but police have yet to confirm reports that a large amount of cocaine and a bloodied curling iron had been found at the scene.
Novella’s attorney, William Booth, made a second application on Monday for more information linking Novella to the incident.
Booth told the court he had received enough information to produce a bail application to be heard provisionally on Friday.
“We are requesting all the statements and the full details of the summary of events linking the accused to the murder, and the basis of his arrest,” Booth said.
He said the State had provided the defence with the charge sheet, but no statements from witnesses or forensic evidence – and no evidence definitely linking his client to the incident.
“I’m going to argue that we are entitled to reports and a more detailed summary of the events in order to draft a reasonable bail application,” Booth said.
Friester-Sampson responded to Booth, saying the State had circumstantial evidence linking Novella to the crime.
“At this stage, the evidence against the accused is circumstantial evidence placing the accused at the scene with the deceased.
“I can inform the court that we do not have the final post-mortem or any of the preliminary reports secured at the scene.
“What we have is evidence placing the accused at the scene. The accused also made a statement that the deceased had in fact died when he was asked where she was,” she said.
Magistrate Grant Engel postponed proceedings and will make a ruling on Booth’s bail request on Tuesday.
Novella, 41, is currently being held at Pollsmoor Prison.
On Monday Engel also said that no cameras would be allowed in the courtroom where Novella is set to stand trial.
The magistrate ruled against an application to allow pictures and video to be shot during the upcoming court proceedings.
He said that as an ID parade was still pending it may taint the investigation if images of the accused were freely published or screened.
He saw no reason for camera crews to be allowed into the court at this stage. However, he added that there were some merits to broadcasting the proceedings.
However, Engel said that this decision could be revisited once the ID parade and investigation had been concluded.
On Friday, an application was brought forward by Times Media’s attorney Leroy Villet and eNCA’s advocate David Simonsz to allow photographers and camera crews to film court proceedings.
Villet argued that the media does not have to prove why cameras should be allowed inside the courtroom. Rather, the onus was on Booth to argue why taking pictures of his client would affect the Guatemalan man’s right to a fair trial.
Cape Times and Cape Argus