[imagesource:x/ajgmolyneaux]
The appeal hearing of the so-called Camps Bay Killer, Diego Novella, has been delayed further after his legal counsel, South Africa’s bigtime criminal defence attorney William Booth, confirmed that only a portion of the court documents were submitted to the Supreme Court of Appeal but that ‘more administration was needed before a court date could be set’.
Booth also confirmed that both the defence and the State had yet to submit their heads of argument, but would do so in due course.
Via his appeal affidavit, Novella had said the sentence was ‘too harsh’ and that his ‘cognitive ability was impaired by the intake of certain substances’ when the murder took place. The convicted killer argues that he should have been granted a lesser sentence than 15 years due to his personal circumstances and that there were enough mitigating factors.
Ignoring the fact that he chose to take the drugs in the first place, Novella said he did not intend to kill Alban but that he was in an ‘abnormal mental state as a result of hallucinogenic substances which had affected his ability to distinguish between right and wrong’. It wasn’t me, it was the molly.
He was arrested in July 2015 in Cape Town on the same day that Alban’s body was discovered by hotel staff in Camps Bay, and is currently serving a 20-year sentence at Brandvlei Prison.
Novella claimed that the State did not have enough toxicology reports available to provide an accurate assessment of his intoxication before and after the murder.
He claimed blood was not taken from him for proper testing of his intoxication.
“I submit that in this regard the State did not prove beyond a reasonable doubt that both my cognitive and cognitive mental facilities were fully functional at the time of the said offence,” he said in court documents.
Despite the horrific nature of the murder, Novella has expressed no remorse and has portrayed himself as the victim, rather choosing to blame his conduct as a result of drug consumption.
This might be one time that we don’t mind the wheels of justice turning a bit slower.
[source:iol]
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