Cape Town - Dressed in a formal shirt but casual trackpants, his long hair oiled back, the Guatemalan businessman accused of murdering US marketing executive Gabriela Alban at a posh Camps Bay hotel in an alleged sex and drugs session gone wrong, now claims he’s not safe in prison.
Through his lawyer William Booth, accused Diego Novella on Friday asked the Cape Town Magistrate’s Court for an order that he be moved from Pollsmoor Prison to a single cell in Goodwood Prison.
His fellow inmates were threatening him, bullying him for money, and had robbed him, Novella claimed.
Photographs and video footage of the 41-year-old man were not allowed after it emerged that there was a possibility that he may have to participate in an identity parade.
But by the time the ruling was made, however, Novella’s picture had already been published in foreign and local media and online. He appeared uncomfortable in the dock yesterday, fiddling with his hands and banging his feet together.
At one stage he stared up at the ceiling and exhaled, hands clasped in front of his face, with his index fingers pointed outwards.
Original reports in the media were that Novella was picked up after the murder, semi-naked on a nearby beach. Booth yesterday told the court he was concerned about his client’s well-being.
Novella has been in custody in Pollsmoor Prison’s awaiting- trial section for the last week. Booth told the court his client was being held in a cell with about 40 other awaiting-trial prisoners, and had to share a bed with a fellow inmate. Inmates were also using “hard drugs” in the cell.
He added that the ablution facilities at Pollsmoor were “atrocious”, and that consultations were difficult, “with people coming in and out”. He said he had reported the matter to the Cape Law Society in his capacity as chairman of its Criminal Committee.
However, prosecutor Carmen Daniels said Novella was like any other awaiting-trial prisoner.
Magistrate Grant Engel also explained that the court could not order him to be detained in a single cell at Goodwood because the prison fell under a separate government department. In addition, officials at that prison did not transport unsentenced inmates to court, which meant that one of the investigating officers would have to do so.
He ordered that Novella be held in the hospital section of Pollsmoor Prison until his next court appearance. Booth also told the court that information the State had provided him about the case against his client was insufficient.
At Novella’s previous court appearance, Booth requested a summary of the evidence against Novella after it emerged that he was being charged with premeditated murder. He was not happy with the summary provided, and said he would file a new request by Tuesday.
Novella is due back in court on Friday.
On that date, eNCA and Times Media intend to argue an application to have cameras inside court to photograph and take footage of Novella.
The application was supposed to be heard yesterday, but did not proceed after the State indicated that an ID parade could be held.
August 21 has been provisionally reserved for the bail hearing.
Speaking to Weekend Argus after the court proceedings, Booth said Novella was “extremely distraught” and had collapsed before his last court appearance.
He had been seen by medical staff at Pollsmoor Prison, who then sent him to the general awaiting trial section because they could not find a medical reason to keep him there. But Booth said he had not been examined by a psychiatrist or psychologist.
He said the Guatemalan ambassador in the UK and the Italian consulate had offered to assist Novella, and that his family were making arrangements to travel to South Africa.
The Daily Mail reported previously that Novella holds passports from Guatemala - where his billionaire family own the country’s biggest cement firm - and from Italy.
Guatemalan ambassador to the UK Acisclo Valladares Molina told Weekend Argus he was happy with the court process, but also raised concerns about the conditions at the prison.
Saturday Argus