Thursday 19 April 2018

Prosecution witness wrote letter to late Judge claiming a convicted killer had made her tell lies against murder accused, jury hears

Michael Kinsella (22) has pleaded not guilty to murdering Mr Adil Essalhi (29) on January 6, 2011.
Michael Kinsella (22) has pleaded not guilty to murdering Mr Adil Essalhi (29) on January 6, 2011.

Alison O'Riordan

A prosecution witness wrote a letter to the late Mr Justice Paul Carney claiming that a convicted killer had made her tell lies against a murder accused, 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) 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 then called Ms Martina Deegan to continue giving evidence about events on January 6 and 7 2011.

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

The witness Ms Deegan refers to the deceased Mr Adil Essalhi as "Ali"

Last Friday the court heard from Ms Deegan that when she asked Michael and Wayne Kinsella where Ali was on January  2011, she was told by Michael Kinsella he was dead.

The court heard that on January 7, Wayne Kinsella came back to the apartment with "a big tin of petrol" and a "black bag."

Today Mr Naidoo asked Ms Deegan if Wayne Kinsella was on his own on January 7 when he returned to the apartment.

Ms Deegan said: "No. Michael was with him. Michael was in the kitchen and Wayne was in the hall. They arrived together."

When asked by counsel who had the "canister of petrol", the court heard Wayne Kinsella did.

Ms Deegan was then cross examined by defence counsel Mr Patrick Marrinan SC.

The witness agreed with counsel that Wayne Kinsella was " a very violent man" and in 2011 he had previously killed "an elderly man in Glasnevin cemetery"

Ms Deegan told counsel she thought Wayne Kinsella was a "reformed character."

"You then became aware Wayne Kinsella had been involved in the killing of Ali and you also knew he was somebody who had killed before?" asked counsel

"Yes" replied the witness.

"So it was clear to you then he wasn’t a reformed character?" asked Mr Marrinan.

"Yes after what he had done to Ali," she said.

In cross examination Mr Patrick Marrinan SC asked the witness if she remembered going to the Central Criminal Court in early February 2014 and giving a letter to Mr Justice Paul Carney and she said she had.

Mr Marrinan then read from the letter written by Ms Deegan and quoted "Wayne Kinsella made us all tell lies against Michael Kinsella for getting him locked up years ago."

"This is a revenge case and I'm having nothing to do with it," he read.

Mr Marrinan said to the witness that this would suggest she "would not give false evidence" against Michael Kinsella and she agreed with this.

The court then heard on March 23 2011 in a statement to gardai she "put Michael Kinsella" as having left the house with Ali which she agreed with.

"Now your telling gardai two months later (after Mr Adil Essalhi was killed) that Michael Kinsella is involved?" asked Mr Marrinan.

"Yes" she replied.

Mr Marrinan said to the witness that "very shortly" before she went to gardai to put Michael Kinsella in the frame, Wayne Kinsella's partner Ms Natasha Carey did so as well.

Counsel said his clients case was that "he was there on the night but left the party when he was collected by his girlfriend before Ali left."

"Do you agree with this?" asked counsel.

"No" replied the witness.

Mr Marrinan said his client believes that when Wayne Kinsella was in custody, he put Natasha Carey up "to implicating Michael in this killing."

"Did you have a conversation with Natasha Carey about putting Michael Kinsella in the frame?" asked counsel.

"I cant remember having that conversation with Natasha," she said.

Counsel finally asked if it was something that could have happened, Ms Deegan said it "could have" but she could not remember.

The trial continues.

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