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Jury deliberating in Tyrrelstown murder trial

Friday, 14th February, 2014 4:55pm

Jury deliberating in Tyrrelstown murder trial

The jury is deliberating in the trial of a 21-year-old accused of murdering a man in north Dublin three years ago.

Michael Kinsella of Swiftbrook Close in Tallaght and previously of Ardkeen, Cavan town, has pleaded not guilty to murdering Adil Essalhi (31) at Tyrrelstown, Co. Dublin on January 6, 2011.

The jury has now been considering its verdict for almost two hours and has suspended it deliberations for the weekend.

The Central Criminal Court has heard that the accused’s uncle, Wayne Kinsella, was convicted of the murder in 2012.

The court was told that Mr Essahli met Wayne Kinsella and another woman in a pub in Dublin city centre and they went back to drink further at their apartment in Tyrrelstown with a group of others.

Mr Essahli’s body was found in a ditch in fields behind Tyrrelstown Plaza and an attempt had been made to burn him, the court heard.

Mr Justice Paul Carney presiding told the jury it was an unusual case because the main witnesses told lies.

“This is an unusual case in that the Director of Public Prosecutions is bringing you a case in that the principle witnesses are liars,” said Mr Justice Carney.

“It is a matter for you in relation to their credibility,” he added.

Mr Alex Owens SC prosecuting told the jury in his closing speech that there was a very clear motive for the execution-style killing.

He said Michael Kinsella was one of the killers of Mr Essahli and told the jury that State Pathologist Professor Marie Cassidy had given evidence that two weapons were used.

Mr Owens said that it was clear from the evidence that he was struck by a machete-type instrument.

He told the court that a machete was found close to the scene and said that the jury was asked to assume that this was one of the weapons and that another knife was also used.

“Is there an ambidextrous murderer able to do this in the dark of night?” he asked the jury.

Mr Owens said that some of the witnesses may have had “an axe to grind.”

He told the jury it was up to them whether or not to accept that evidence or to look for the silent witnesses in the case such as CCTV evidence.

He told the seven men and five women they would be aware that the witnesses were lying at various stages and asked the jury to consider what their reason was.

“On the face of it a man has been butchered to death in a Goodfellas style execution,” he said.

“Obviously anyone is going to be afraid of the perpetrators,” he added.

Mr Owens told the jury there was strong circumstantial evidence that Michael Kinsella was involved.

He said the prosecution had established that Michael Kinsella was one of these murderers and it was the State’s case that he had a role at the beginning, middle and end.

Mr Patrick Marrinan SC defending told the jury that Prof Cassidy had given evidence under cross-examination that two weapons did not indicate there were two assailants.

He said there was clear evidence that Wayne Kinsella used a knife and a machete – one to slice the man’s throat and one to chop him up.

He also said there was not a scintilla of evidence that Wayne and Michael Kinsella believed Mr Essahli had killed their relative and there was absolutely no evidence whatsoever as to the time of the killing.

State Pathologist Professor Marie Cassidy previously told the court that Mr Essalhi’s body had 58 separate injuries with 19 chop wounds to the skull and facial bones and there was evidence of post mortem burning.

The seven women and five men will continue their deliberations on Monday.