Diego Novella, who has been dubbed the Camps Bay killer, has continued with his appeal to the Supreme Court of Appeal (SCA), with his legal team confirming that they are waiting for a date for Novella’s appeal to be heard, Cape {town} Etc reports.
Currently, Novella is imprisoned at Brandvlei prison in the Western Cape.
Also read: Diego Novella dubbed Camps Bay Killer granted leave to appeal
Novella was granted leave to ‘appeal his conviction’ and his sentence for the murder of Gabriella Kabrins Alban, his American girlfriend.
‘We are still waiting for a date from the Registrar at the SCA. Then we will submit the heads of arguments and the appeal on the date set,’ said Advocate William Booth, Novella’s lawyer.
Earlier this year, Booth had confirmed that they were waiting for a transcript of the legal proceedings to ‘be typed out’ and according to court papers, Novella’s leave to appeal was filed in 2021, which was eventually granted in August 2023.
‘The learned Judge did not find substantial and compelling circumstances to warrant a departure from the minimum sentence of 15 years direct imprisonment,’ said Novella, via his filing application.
‘In the Appeal against sentence, I submit that there are sufficient mitigating circumstances, not only with regard to the circumstances surrounding the offence but also with regard to my specific personal circumstances to have warranted a lesser sentence,’ Novella added.
Novella claimed that his sentence was ‘too harsh’ and that his cognitive ability was impaired by ‘the intake of certain substances’ when the murder of Alban occurred.
Novella informed his legal team in 2023 that he was ‘happy’ with the outcome of his leave to appeal being granted, as he felt that his conviction and sentence were wrong.
He pleaded not guilty to the murder and said that he had not intended to kill Alban.
Novella claimed that he was in an ‘abnormal mental state’ as a result of hallucinogenic substances which had an effect on his ability to discern between right and wrong, as reported by IOL.
After Novella’s arrest, he was referred to Valkenberg Mental Hospital, where he was placed under observation, according to Novella.
It was a unanimous decision of the panel at the time of the incident that he had ‘diminished responsibility’, Novella added.
Novella explained that he had been in a lengthy relationship with Alban since 2013 and that she moved to live with him in Guatemala in 2014.
The couple moved to South Africa in 2015 to seek medical treatment for Alban’s illness, as she had Lyme disease.
Novella was arrested in July 2015 in Cape Town, the same day when Alban’s body was discovered by hotel staff in Camps Bay.
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Man accused of rape wins bail appeal at Western Cape High Court
Picture: Brenton Geach / Gallo Images
