Cape Town -
Murder accused Diego Dougherty will be held in the hospital section of Pollsmoor Prison following the postponement of his bail application in the Cape Town Magistrate’s Court.
The Guatemalan heir, who is accused of murdering US marketing executive Gabriela Alban in Camps Bay last year, appeared before magistrate Grant Engel on Friday as his brother Lucas Dougherty and nephew Javier Ocano Dougherty sat in the public benches.
Alban’s parents were also present, with her mother Doris Weitz choosing a seat with a clear view of the man accused of murdering her daughter.
At some point during proceedings, Alban’s father Howdy Kabrins wept.
Dougherty is appearing on the murder charges as Diego Novella. But his brother told the press yesterday their family name is Dougherty.
Dougherty is accused of murdering Alban on July 29 at the Camps Bay Retreat Hotel. She was found with faeces on her head and a curling iron beside her body. It is alleged that the pair took a combination of drugs, including sceletium (a stress-preventing herb) and cannabis oil.
According to an assessment report previously before the court, Dougherty said he hallucinated that evening and received Morse code messages as he waded into the sea after the killing. The report added that he said he saw musician David Bowie.
He said Alban appeared to looked like the protagonist in the film The Exorcist.
The couple apparently were in South Africa to attend a retreat in the Magaliesberg for spiritual treatment with ibogaine (a hallucinogenic derived from the roots of a west African shrub).
A full media presence attended proceedings yesterday during which Dougherty’s nephew approached Kabrins to console him.
Weitz stared blankly at Dougherty throughout.
Dougherty covered his face in the street as he was moved between courtrooms.
William Booth, for Dougherty, said he had been informed the previous night by the chief interpreter that they had not been able to obtain the services of a Spanish interpreter.
“The defence is not in a position to start with bail proceedings today. We have been busy with this, however the accused’s family is in Guatemala and the accused is in custody. We have been hectically busy. The defence is not ready to go on today.”
Booth said the State had indicated the charge was “in the ambit of a schedule 5 offence of the Criminal Procedure Act”.
Prosecutor Louise Friester-Sampson told the court there were only two Spanish interpreters, one of whom was attending a conference and the other had overcharged on rates.
The magistrate heard that fees for these interpreters were “over the normal rates”.
Media covering the case were also told they needed to make applications to the State, the defence and to Engel to shoot footage in court.
Booth said the media wanted to video proceedings. “Maybe they can persuade us to agree to a proposal, like Oscar (Pistorius) or like (Shrien) Dewani, where there were photos and no televising”.
He told the court the media should submit applications by Friday, then told the press to delete images of Dougherty, in line with a previous ruling by Engel.
The case was postponed to May 19 for bail application.
Saturday Argus