Court hears resident of complex near where body was found was asked for saw

Adil Essalh
Adil Essalh

A resident of an apartment block close to where a young man's body was found in a ditch was asked for a saw by a man she met in the complex, a jury has heard.

Michael Kinsella (22), with addresses at Swiftbrook Close, Tallaght and Ardkeen in Cavan has pleaded not guilty to murdering Mr Adil Essalhi (29) at Tyrellstown, Dublin on January 6, 2011.

His uncle Wayne Kinsella was convicted of killing Mr Essalhi in 2012.

Last week Mr Kerida Naidoo SC prosecuting, told the Central Criminal Court jury of seven men and five women that it was the State's case that the killing was done by two people.

Prosecution counsel today called Ms Gintare Tamulynuite who lived in an apartment at The Plaza in Tyrellstown, Dublin 15 in January 2011.

The court heard the witness was at home in her flat with her daughter, a friend and a friend's boyfriend on the evening of January 6 2011.

The witness agreed with counsel that she left the apartment at 11.30pm on the night to meet another friend, who was waiting in a car in front of The Plaza complex.

The court heard when she got to the exit door of the building, a man and woman were trying to get in and they both seemed to be drunk.

Prosecution for the State put it to the witness that she noticed the woman had "dirt on her face and her top was covered with dirt on the back" which Ms Tamulynuite agreed with.

Ms Tamulynuite agreed with counsel that on January 7 2011, the same man from the night before was at a neighbours door.

Mr Naidoo asked the witness if this man asked her did she have "a saw" which she agreed with.

The court heard she just kept walking and went into her apartment.

Ms Justice Deirdre Murphy then told the jury that it is the right of every accused person to know what evidence will be called and "to that end every accused person is served with the book of evidence."

"The prosecution can decide not to call some of those people, that is essentially what is happening in regards to the next witness," she said.

Defence counsel Mr Patrick Marrinan SC then proceeded to cross examine Ms Natasha Carey, the ex partner of Wayne Kinsella.

Mr Marrinan asked the witness did she know her sister Cathleen Carey had been arrested on January 20 2011 "on suspicion of the murder of Ali".

"No I wasn’t aware of that. She could have said it to me. I don't recall," she said.

Counsel then told the witness he was asking her re the "state of her knowledge" in January 2011 and if she was aware her sister had been arrested for the murder?

"I must have been aware," she said.

"What I'm saying is she obviously did say it to me but I don’t recall," said Ms Carey.

Mr Marrinan then asked Ms Carey if her evidence was that she "never had a conversation with Cathleen about her being arrested for murder."

"Maybe she said it to me I don’t remember," said Ms Carey.

The court then heard the witness spoke to Wayne Kinsella when he was in prison and he was "angry" with her.

Counsel asked the witness if Wayne Kinsella told her she had told the gardai "some lies" and she should "change" her answers.

"He told me a lot of things. He tried to manipulate me into thinking I had him in there (prison). He said I should have said he was lying beside me the whole night when he wasn’t lying beside me the whole night," she said.

The cross examination of Ms Carey will continue tomorrow as a jury member became ill.