Murder accused was "as pale as a ghost" witness tells court

Adil Essalh
Adil Essalh

A prosecution witness has told a murder trial jury that the accused left her apartment on the night with the deceased and returned looking "as pale as a ghost" and with a "couple of spots of blood" on his t-shirt.

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

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

Opening the trial today, 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 then called Ms Martina Deegan to give evidence about events on January 6 2011.

The court heard Ms Deegan was living in an apartment in Tyrrellstown with her daughter and her daughter's boyfriend as well as Wayne Kinsella who was "living there for a period of time."

In the late morning of January 6 2011 Wayne Kinsella and Ms Deegan went for a drink in a pub on Parnell Street and there they met Mr Adil Essalhi who they "didn't know before."

"He was a good looking chap," said Ms Deegan.

Counsel said the deceased was "slightly coloured" and had a scar on his face which the witness agreed with. 

After three to four pints the court heard Wayne Kinsella, Ms Deegan and Adil Essalhi got a taxi from O'Connell Street to a duplex apartment in Tyrrellstown where Ms Deegan was living. 

The court heard everyone was introduced to Adil and thereafter himself and Wayne went to the off licence to get a box of Budweiser.

Ms Deegan told the jury when they returned "a bit of a party began in the apartment."

The court heard the accused Michael Kinsella then joined the party.

"Michael Kinsella is related to Wayne Kinsella, Wayne is his uncle. Michael Kinsella is my friend Angela’s son," said Ms Deegan. 

The party continued and people started doing "vodka shots".

"Wayne and Ali fell asleep on the couch and the rest of the group were just drinking and dancing around," she said.

"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.

Ms Deegan said Wayne then woke Adil up and got him "a hoody" to put on. 

"They pretended they were bringing him 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.