Novella trial carries on in his absence

THE murder trial of Guatemalan national, Diego Novella has hit a snag in the Western Cape High Court, with a psychiatrist saying this week the accused was mentally unable to continue with the trial.

It is the State’s case that Novella allegedly killed his then- girlfriend, Gabriela Kabrins Alban, at the Camps Bay Retreat Hotel on the morning of July 29, 2014, out of anger.

Defence advocate, William Booth, however rests his client’s case on the claim the accused was intoxicated after allegedly ingesting a cocktail of drugs the night before, and that this lead to him experiencing psychotic-like episodes.

Last week, Novella said in court he had lied during his testimony in chief, but he was immediately silenced by Judge Vincent Saldanha and subsequently sent for psychiatric observation.

The surprise announcement by the accused came as a shock to Booth, who immediately requested an adjournment so he could consult with his client.

This week, the trial was again halted to allow for Novella to go on medication for 48 hours, and in an unprecedented move, the trial went ahead without the accused being present.

Psychiatrist Dr Konrad Czech testified he had assessed Novella last Wednesday and again last Saturday at Pollsmoor Prison and said Novella was “inattentive” and “distractible”.

“It is my opinion that Mr Novella is suffering from de-personalisation and de-realisation disorder and it was this that resulted in his contradictory statements,” said Czech.

He added Novella was “detached” and “estranged” from himself.

“Diego Novella said he doesn’t know where he is, who he is; is he dead, is he alive, is he real, is he in this place. This is the normal experience of someone under a lot of stress,” said Czech.

It emerged in court that Novella had been stockpiling his Valium medication in prison. He handed 22 Valium tablets back to authorities at Pollsmoor Prison.

Czech also recommended that Novella be moved from the cell he is currently sharing with 11 other inmates, to the hospital section at the prison.

It’s also the defence’s argument that Novella would be monitored better in the hospital section of Pollsmoor Prison, where staff could ensure that he did take his prescribed medication.

This request was denied by Judge Saldanha.

“I am satisfied that mechanisms have been put in place to ensure that Diego Novella receives his medication,” said the judge.

Under cross- examination, State prosecutor Louise Friester-Sampson questioned the diagnosis of Novella’s “de-personalisation and de-realisation disorder”, and asked why this disorder was not picked up before.

The

Tuesday.

trial resumes on

Diego Novella