In a ruling issued on April 9, Magistrate Sandra Peraza dismissed the reform appeal filed by the council, which challenged the appointment of engineer Juan Jesús Cabrera. Adeje City Council, led by José Miguel Rodríguez Fraga (PSOE), argued that the Criminal Procedure Law did not specify the procedure for appointing a judicial expert and that, therefore, the Civil Procedure Law should be applied.
However, the judge maintained that the expert's designation was carried out “according to the usual procedure in criminal proceedings” and that the civil route would only be used “as a supplementary measure, when necessary.” This ruling is not final and can be appealed within five days.
The Criminal Procedure Law states in its article 456 that it is the judge who requests the preparation of an expert report if “scientific or artistic knowledge were necessary or convenient” to investigate facts.
Adeje sought to annul the expert's appointment in this criminal case, which investigates up to five alleged crimes related to the processing of the tourist urbanization. Civil regulations stipulate that professional associations send lists of experts to the courts each January, and selection is made by lottery.
The judge also noted that engineer Cabrera “does not incur any grounds for recusal,” meaning he does not meet any of the reasons that would allow him to be removed from the case, such as kinship, direct interest in the proceedings, or close friendship with those involved. Cabrera will investigate the legality of Cuna del Alma's actions in the coastal protection servitude zone, which include a restaurant, a swimming pool, and a buggy parking area.
The Coastal Law restricts uses in this hundred-meter inland strip, intended for public pedestrian passage and surveillance and rescue vehicle circulation. The Prosecutor's Office concluded that Cuna del Alma's facilities could be located outside this zone and do not provide an essential service for the coast, requesting the suspension of works and an independent expert assessment, which the judge granted.
In the precautionary suspension order, the magistrate also criticized the developer, Segunda Casa Adeje SL, for its “very brief” justification for installing retaining walls over three meters high in the area, which would contravene the General Coastal Regulations. Segunda Casa Adeje's plans in this coastal strip represent a small part of the luxury urbanization projected in Puertito de Adeje, covering 2,394 square meters of a 45,000 m2 plot, within a total initiative of 430,000 m2.
