Canary Islands High Court Orders Retrial in Tabaiba Homicide Case

The Canary Islands justice system is facing an unusual situation after the High Court of Justice (TSJC) ordered a partial retrial for a homicide that took place in Tabaiba in February 2023. The court has overturned the initial acquittal of one of the defendants, ruling that the jury’s original verdict lacked a logical and solid foundation. A new tribunal will now be tasked with evaluating the defendant's role in the crime.

While José J. was already sentenced to 24 years in prison for the murder of Rubén, the case is returning to the Provincial Court to determine the involvement of a second person. The Public Prosecutor’s Office continues to seek a 25-year sentence for this individual, arguing that his participation was critical. The TSJC supported this position, noting that the original jury failed to properly assess the evidence and provided reasoning that fell short of the standards required for such a serious criminal case.

The dispute centers on how digital and testimonial evidence was interpreted. The original jury concluded there was not enough certainty to link WhatsApp messages found on the defendant’s phone to the crime. However, the TSJC rejected this, pointing out that the defense’s theory—which claimed the property owner and mastermind, Toño, had framed the defendant—lacked any evidence. The court found it illogical that the mastermind would involve an innocent third party in a crime at his own home.

The upcoming retrial will cover both criminal liability and civil damages. The prosecution is seeking 153,500 euros in compensation for the victim’s family, plus nearly 2,000 euros for damage to a vehicle. This case highlights the challenges juries face when dealing with circumstantial evidence and reinforces the role of higher courts in ensuring that verdicts are based on sound logic rather than subjective interpretation.