Cape Town - Convicted murderer Diego Novella is continuing his bid for a lesser sentence in the Western Cape High Court.
Attorney William Booth on Thursday morning filed an application for leave to appeal the 20-year murder sentence his client was given.
Novella was found guilty of the murder of his girlfriend, Gabriela Kabrins Alban in June and was sentenced in September.
Novella’s defence was that he and 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 luxury Camps Bay Retreat Hotel and visited South Africa to seek treatment for Lyme Disease which Kabrins Alban suffered from.
In his application, Booth said Judge Vincent Saldanha “displayed bias towards the applicant in that he openly favoured the deceased’s family by interacting with them on a regular basis”.
He further claims that Saldanha also favoured the State and accused the judge of constantly interrupting him and not allowing him to “fully ventilate submissions”.
Booth said his client’s right to a fair trial was compromised and that Saldanha showed a clear bias against Novella.
The judge, however, questioned Booth as to why these points were not raised during the trial and that he had many opportunities to raise his concerns.
Novella is serving his 20-year sentence at the Brandvlei Prison near Worcester.
The State has asked the judge to refuse the application for leave to appeal against the conviction and sentence.
Saldanha is expected to rule on the application for leave to appeal, next week.