Dublin man pleads guilty to manslaughter of Adil Essalhi
A Dublin man has pleaded guilty to the manslaughter of Adil Essalhi, who received "in excess of 50" stabbing and chopping wounds before his body was burnt and left in a ditch.
Michael Kinsella (22), with addresses at Swiftbrook Close, Tallaght and Ardkeen in Cavan had pleaded not guilty to murdering Mr Adil Essalhi (29) at Tyrellstown, Dublin on January 6, 2011.
His uncle Wayne Kinsella was convicted of murdering 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.
Today Michael Kinsella pleaded guilty to the lesser offence of unlawfully killing Mr Essalhi after a trial lasting five days.
Prosecution for the State told the court today that the DPP would only accept the plea for manslaughter on condition Kinsella agreed he had assaulted Mr Essalhi with a weapon.
Ms Justice Deirdre Murphy told the court Kinsella would be sentenced "in due course."
The judge told the jury: "That ends your service here and I thank you for your function. I hope it was a useful experience for you to be part of jury service."
Ms Justice Murphy then excused them from further jury service for a period of five years.
EVIDENCE HEARD IN TRIAL:
The murder trial jury heard that 29-year-old Adil Essalhi received "in excess of 50" stabbing and chopping wounds before his body was burnt with what is believed to have been petrol.
Opening the trial last week Mr Kerida Naidoo SC prosecuting, told the Central Criminal Court jury that "events happened in a field (outside) a block of apartments in Tyrrellstown."
"There were two people involved," he continued.
"Michael Kinsella and his uncle Wayne Kinsella. There has already been a trial and he (Wayne Kinsella) has been convicted of the killing. The prosecution will say the killing was done by two people," he said.
The court heard that the deceased met Wayne Kinsella and another person on January 6, 2011 in a pub in town.
"They all drank and retired to an apartment in Tyrrellstown where other people joined them," said Mr Naidoo.
"They continued drinking and they were (later) joined by the accused," he said.
"That evening, Mr Essalhi left the apartment with Wayne and Michael. All three went into a field and it was there that Wayne and Michael killed Adil Essalhi," he said.
He said: "There will be medical evidence that Mr Essalhi died from in excess of 50 wounds - both stabbing wounds and chopping type wounds, most of which were inflicted to the head and neck, and to a lesser extent, the body."
Mr Naidoo said that a weapon like a knife, and one like a machete were believed to have been used to inflict the injuries.
"Following his death, Mr Essalhi's body was burnt with what was believed to have been petrol," he said.
During the trial prosecution counsel called Ms Martina Deegan to give evidence about events on January 6 2011.
Ms Deegan told the court there was a party in her apartment in Tyrrellstown and some of the people present included herself, Wayne Kinsella, Adil Essalhi and the accused.
"Wayne woke up at one stage to a telephone call, it was about Ali having a nickname called "Fish". They were trying to say Ali was the getaway driver of the Lee Kinsella murder in Finglas. Lee is Wayne's brother," said Ms Deegan.
The court heard Wayne and Michael Kinsella were then "hyper" and wanted to get out of the apartment.
"They pretended they were bringing him (Adil) to a party. Wayne was winking at me. They left, the three of them," she said.
The court heard that after Wayne and Michael came back, they both got changed as Wayne was "covered in blood."
"There was a couple of spots of blood on Michael's t-shirt and they asked me to wash the clothes.
Michael was as pale as a ghost. I asked Wayne where Ali was and one of them said he was dead, I think it was Michael," said Ms Deegan.
The court heard Michael then left the apartment and went to meet his girlfriend.
The court heard the next day on January 7, Wayne Kinsella came back to the apartment with "a big tin of petrol" and a "black bag."
"Do you know anything about a large knife or a machete?" asked counsel.
"It was my son's machete. I took it off him and hid it in the bushes, out the back of my apartment. I told Wayne Kinsella when he first moved into the apartment to get rid of it," said Ms Deegan.
Sergeant Patrick Flynn was also called to give evidence. He was stationed at Rathcoole garda station on January 13 2011 when he conducted a search in the "open corn fields" near the Plaza Hotel in Tyrellstown in Dublin 15.
The court heard Sgt Flynn was aware at the time it was an investigation into a missing person.
"I located the body of a young man in the drain, it was partially submerged in water and partially clothed. About 7/8 yards in from the drain I discovered a green sheet," said Sgt Flynn.
Prosecution counsel also called Ms Gintare Tamulynuite who lived in an apartment at The Plaza in Tyrellstown, Dublin 15 in January 2011.
The witness agreed with counsel that she noticed a woman who was in the company of a man at The Plaza complex on the evening of January 6 2011.
Counsel asked Ms Tamulynuite if the woman had "dirt on her face and her top was covered with dirt on the back" which Ms Tamulynuite agreed with.
Ms Tamulynuite also 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.
During the trial defence counsel Mr Patrick Marrinan SC also cross examined Ms Natasha Carey, the ex partner of Wayne Kinsella.
Counsel 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.