ATTORNEY, JUDGE CLASH

DEFENCE attorney William Booth was this week given a stern lecture on law by Judge Vincent Saldanha.

Booth is applying for leave to appeal the conviction and sentence of his client, Guatemalan national

Diego Novella.

He claimed Judge Saldanha, “displayed bias towards the applicant in that he openly favoured the deceased’s family by interacting with them on a regular basis”. Novella was found guilty by Judge Saldanha in June in the Cape High Court and sentenced to 20

years in prison.

“This is shocking conduct by a defence attorney,” said Judge Saldanha when Booth was reading his arguments for the application.

Judge Saldanha asked Booth many times if he had in fact read the

judgment.

“I am inviting you to read the judgment,” said Judge Saldanha.

Booth was arguing the sentence exceeded the prescribed minimum

15 years.

Judge Saldanha could not hide his irritation when Booth told the court Novella had been a model prisoner and had complied with the

authorities.

“No he did not. He smoked. He took drugs and hoarded tablets,” said Judge Saldanha in a raised voice.

Judge Saldanha asked Booth why he had not applied for a recusal if he had felt the judge was biased against

his client.

“In fact, if your client has a complaint, it should be against you, Mr Booth,” said Judge Saldanha.

The judge pointed out that Novella had been given the opportunity to address the court on any

matter.

“I am shocked that you say you did not have the opportunity to argue. This is shocking conduct by a defence attorney,” said Judge

Saldanha.

The judge accused Booth of making “sweeping statements”, “conjuring up” new reasons and told him he did a disservice to his client.

The state said the application for leave to appeal was nothing but “opportunistic” and that there was no reasonable chance of success.

Judge Saldanha is expected to rule on the application next week. |