To: Carlos Víctor Rubio Faure, Government Secretary of the Canary Islands High Court
Subject: Re: Notificación Acuerdo Resolutorio EXP. GUB 28/2026
Dear Mr Rubio Faure,
I acknowledge receipt today, 20 August 2026, of the notification email and of the decision signed by you.
At the outset, I ask that a reference discrepancy be clarified and preserved: the email subject identifies “EXP. GUB 28/2026”, while the body of the message, the PDF filename and the decision itself identify Government File 38/2026. Unless informed otherwise, I shall use the latter as the controlling reference.
I also take note that the decision archives the file and expressly recognises the possibility of bringing a hierarchical administrative appeal before the Secretary-General of the Administration of Justice within one month. That appeal will be filed within time. I request now that this response, its links and its two visual annexes be incorporated in full into Government File 38/2026 and transmitted, together with the complete, ordered and indexed file, to the superior authority when the appeal is formalised.
1. An indispensable institutional clarification
The 15 August application did not ask the Government Secretariat to review the merits of judicial decisions, replace procedural appeals or give an LAJ a particular instruction in a specific proceeding. It requested an autonomous examination of Office-of-the-Court functions and services for which LAJs are responsible: creation, signature, incorporation, notification, issue, certification of finality, delivery, custody, transmission, preservation and traceability of identified instruments.
Accordingly, the decision's statement that it “gives the impression that, the route concerning the Magistrate having been closed, an alternative course is now being taken by directing attention towards the Court Clerk” cannot be treated as a documentary conclusion about the object or motivation of the application. The application expressly separated both planes and explained that partial factual overlap does not mean identity of object.
The LAJ/Office-of-the-Court plane and the jurisdictional plane are distinct, but they are not disconnected. The issue of testimonies, statements of finality, notification, effective access to the file, the possibility of contradiction, delivery to third parties and external use of judicial instruments may directly affect the exercise of remedies, enforcement, patrimonial protection and, consequently, effective judicial protection and the prohibition of defenselessness under Article 24 of the Constitution.
You are not being asked to review the Magistrate's judicial reasoning. It is submitted that the Office-of-the-Court document chain cannot be seriously assessed while ignoring that it gave support, portability and external effects to judicial decisions and could condition the information available to the court itself, the parties' response and the reversibility of the consequences. The Magistrate's conduct and knowledge remain within their proper judicial, appellate, judicial-governance, disciplinary or criminal routes where legally applicable, but cannot be artificially made invisible when determining what is at stake.
2. The institutional statement concerning ATLANTE
Your decision makes a statement of particular significance: ATLANTE itself preserves incorporated electronic information; material incorporated into the file cannot be deleted or altered; and procedural activity is traceable.
That statement does not remove the need for examination. It makes the question more concrete:
If the information is preserved and traceable, it must be possible to certify the sequence of creation, incorporation, signature, notification, access, issue, delivery, correction or replacement of the instruments identified in 2018 and 2021–2022.
From today, that institutional representation is expressly documented and will need to be reconciled with any future statement that the chain cannot be reconstructed, a document cannot be located or its delivery or use cannot be identified.
I therefore request preservation of the entire governmental file and its metadata, intake and allocation records, access events, communications, versions, referrals and incorporation records, without prejudice to preservation in the insolvency proceeding and competent judicial systems.
3. Supervening facts and sources showing that the reconstruction is finite and verifiable
Since the 15 August filing, specific external sources connected with the same asset and period have been consolidated and formally notified to PwC, Grant Thornton and RSM. None of those firms is presented as the perpetrator of an offence, and the Government Secretariat is not asked to determine professional responsibility. Their relevance to the High Court is different: they identify independent custodians, professional files, conflict controls, communications, access records and other sources capable of confirming or disproving the requested institutional reconstruction.
PwC
The contemporary 2016 record documents PwC's knowledge of the Sun Park conflict and participation in the legal and strategic response; receipt of the client's express instruction to pursue “the criminal route against these people”; PwC's response “We take note of your decision”; and later confirmation of direct contact with the insolvency administrator. PwC has now received a formal preservation and response request concerning its files, contacts with the insolvency administrator, conflict management, institutional memory and any later mandate within the Acosta Matos / CAM / RICPE / Hotel New Trend / MYND Yaiza perimeter.
Source-controlled PwC record
Grant Thornton
In 2020 Grant Thornton conducted a conflict/confidentiality process and issued a proposed forensic engagement concerning Sun Park and Insolvency 36/2012, in which the insolvency administrator and CAM/Sun Park were identified. An NDA with Grant Thornton Advisory, S.L.P. and formal forensic terms are documented, without the proposal itself proving that the engagement commenced.
Grant Thornton Spain later acknowledged a professional/commercial relationship between the insolvency administrator and a partner entity in the Canary Islands. Internal file 2024_04 has received an update asking whether the 2020 institutional memory remained available and was consulted when that relationship was established or maintained, and what conflict, file-separation and access controls existed.
Grant Thornton record
RSM / San Telmo legacy
RSM's ethics review NNR4-1025C2F66 remains open; RSM indicated that it expected to reach conclusions in September 2026. The review has now received a contemporary source particularly relevant to the historic San Telmo professional perimeter.
San Telmo partner Eduardo Sánchez publicly stated that “the firm” introduced clients into the first RICPE investment connected with Sun Park, while Francisco de Borja Rodríguez-Batllori Laffitte was acting as LPB's insolvency administrator within the same historic professional perimeter and in relation to the same hotel.
The statement begins at approximately 08:08 and is completed at approximately 08:12, within the context 07:57–08:27:
Open the source video at 08:08
RSM record · San Telmo / RICPE / Sun Park source
Two complete source-controlled visual exhibits were attached: (1) PwC — the 2016 professional-knowledge checkpoint, five private actors and the court-appointed insolvency administrator as a separate control point; and (2) San Telmo / RICPE / Sun Park — the same hotel and two parallel professional lives, insolvency and investment.
The graphics are visual indexes. They do not replace the original documents and do not by themselves establish coordination, information transfer, unlawfulness or responsibility.
4. Specific relevance to the Canary Islands High Court
These new sources make it still less sustainable to treat the application merely as an alternative reaction against particular persons.
What is at stake is whether instruments generated and certified within the Administration of Justice later acquired notarial, Registry, patrimonial, corporate, investor, financing and administrative effects, and whether the Administration can reconstruct:
source decision → request → issue → signature → notification → delivery → declared purpose → external use → correction or non-validation → current effect.
The fact that PwC, Grant Thornton and RSM/San Telmo hold or may hold external records does not displace the Administration of Justice's responsibility for its own systems, acts and documentary chains. It enables independent comparison of whether documents used outside the proceeding fully correspond with their origin, scope, finality, notification and later status.
The reconstruction may confirm regularity and disprove hypotheses. It may identify a specific gap. What is not institutionally sufficient is to close the examination by attributing to the applicant an alternative motivation expressly excluded by the filing.
5. CGPJ DI 169/2026: finite transmission discrepancy
Your decision says that the communication ordered by the Disciplinary Action Promoter to the High Court was for information only and adds that, as of the decision, its receipt was not recorded by the Government Secretariat.
I do not state that the CGPJ failed to send it or that the High Court lost it. I request preservation and verification of the objective sequence:
communication order → date and outgoing channel → recipient → receipt → internal registration → current custodial unit.
Please confirm whether any additional check has been conducted after the decision or whether receipt still does not appear.
6. Immediate requests for record and preservation
- Confirm that the controlling reference is Government File 38/2026 and explain the email subject's 28/2026 reference.
- Confirm that this reply, its links and the two attached visual exhibits are incorporated in full into the file.
- Preserve the complete governmental file and its electronic traceability, including intake, allocation, access, incorporation, version and referral records.
- Confirm whether the decision's ATLANTE preservation/unalterability statement remains in its exact terms and identify the authority competent to certify the requested events and metadata.
- Confirm whether the CGPJ DI 169/2026 communication still does not appear or has now been located.
- Upon filing the appeal, transmit a complete, ordered and indexed copy of the file to the Secretary-General, including this email and its annexes.
- Identify any part referred elsewhere, with date, covering document, index and proof of receipt.
No autonomous statutory deadline is asserted for this email. Given the strictly evidential nature of the requests, confirmation of reference, incorporation and preservation was requested within 48 working hours.
7. Institutional responsibility and right of correction
I do not attribute corruption, collusion or unlawful intent to you, the Government Secretariat, the LAJs concerned or the Magistrate merely because discrepancies exist or because the file was archived.
I do record something narrower and verifiable: the decision signed by you is an attributable institutional act. From today, you and the Government Secretariat have express notice of the LAJ/Office-of-the-Court dimension, its separate connection with effective judicial protection, the alleged continuation of patrimonial and evidential consequences, the institutional ATLANTE statement and the existence of specific external custodians.
The future receipt, classification, preservation, reasoning, traceability and transmission of this material are therefore subject to documentary control. The institutional response, any correction and also any absence of response will be recorded accurately, preserving the right of correction and without treating silence as proof of guilt.
Yours sincerely,
Gil Marer
Repeated personal identifiers omitted from the public copy.