Cape Town - The Western Cape High Court has denied an application for leave to appeal the judgment and sentencing of convicted murderer Diego Novella.
In papers before the court, Novella also claimed that his rights to a fair trial were compromised but in his judgment, Judge Vincent Saldanha concluded that the court went to great lengths to accommodate the accused and the parents of his murdered girlfriend.
The Guatemalan national was in August found guilty of murdering Gabriela Kabrins Alban in a crime described by the court as “murder fuelled by drugs and anger”.
Throughout the trial, Novella maintained that he Kabrins Alban had been possessed by a demonic entity on the morning of July 29, 2015 when the murder took place.
The couple was staying at the Camps Bay Retreat Hotel and visited South Africa to seek treatment for Lyme Disease which Kabrins Alban suffered from.
Novella was sentenced to 20 years in prison.
State prosecutor, Louise Friester-Sampson said “In all likelihood, the accused may now petition the Supreme Court of Appeal against the finding. We do not have a date for that process or any indication when that it is likely to happen”.
Meanwhile, Novella’s defense attorney, William Booth, has confirmed that his client intends to approach the Supreme Court of Appeal.