A repeat sex offender who posed as an expert in spiritual cleansing rituals has lost his final appeal after DNA evidence on coconut shells he ... used in a supposed magic ritual helped secure his conviction for sexually assaulting a teenage girl in Granada.
Police found DNA belonging to both the defendant and his victim on the shells, which they seized after the attack. Together with the girl's testimony, the evidence helped the provincial court sentence him to nine years and one day in prison. The High Court of Justice of Andalucía later upheld the ruling.
The defendant then took his case to Spain's Supreme Court, hoping to secure an acquittal or a shorter sentence. That attempt has also failed. The court has now refused to admit his appeal for consideration, making the conviction final and leaving him with no further avenue of appeal.
Among other arguments, the defendant challenged the scientific examination of the coconut shells he had used to deceive and assault the girl. The Supreme Court's ruling summarises his objections: "The defendant complains that the three pieces of 'chamalongo' coconut shell were not presented as exhibits at the trial. He points out that exhibits should be produced in court without either party having to request this. He also argues that 'the case file contains no evidence that the coconut shells were subject to a proper chain of custody' and notes that the police report contains no photographs showing that the shells existed."
Validity of the expert evidence
The court then rejected the defendant's arguments.
"Problems relating to evidence only have constitutional significance when they cause actual and material prejudice to the defence. In this case, the evidence presented was sufficient to rebut the appellant's presumption of innocence. Furthermore, the DNA expert evidence was challenged and examined during the trial, and the defence had the opportunity to put any questions it wished to the experts who signed the reports and to make its own submissions.
"As for the allegation that the chain of custody may have been broken, the defendant has identified no specific irregularity and produced no evidence to suggest that the coconut shells seized by the police were not the same ones later analysed, or that they had been kept in unsuitable conditions or without proper safeguards in the meantime."
Family friend
The defendant, a Cuban national with a previous conviction for rape, committed the offence in June 2021. At the time, he was in a relationship with one of the teenager's paternal aunts. He went to the girl's home when he knew she was alone because her father had gone to work.
The teenager had stayed at home that day because she had not joined a school trip. The man knocked on the door and she let him in because he was her aunt's partner. She even called him uncle, she told the court.
They sat together on the living-room sofa, where he suggested performing a spiritual ritual on her. The girl saw no reason to refuse because he had already performed the same ritual on her father.
He took three coconut shells from his pockets and asked the teenager to put on a pair of shorts. Once she had changed, the man began rubbing the shells over her body and genitals. The girl repeatedly told him to stop touching her, but he ignored her pleas, sexually assaulted her and then masturbated.
Frightened and ashamed, the girl initially told no one. She eventually confided in a neighbour, who then informed her family.