Courts / Dublin / Report

Double killer Kinsella has murder conviction upheld

Date
2018-10-23
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

The Court of Appeal has dismissed the appeal of Wayne Kinsella, upholding his conviction for the murder of Adil Essalhi. Kinsella, who pleaded not guilty, was unanimously found guilty by a Central Criminal Court jury and sentenced to life by Mr Justice Garrett Sheehan on May 21, 2012. The prosecution alleged that Essalhi, whose body was found in Tyrrelstown in 2011, was assaulted with a machete and knife after the Kinsellas believed he was involved in the death of Wayne's brother, an allegation the court noted was false. While Michael Kinsella was jailed for 15 years for manslaughter in 2016, Wayne Kinsella's appeal argued that the trial judge erred regarding witness credibility and the identity of a confidential informant. President Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Mr Justice Patrick McCarthy, rejected these grounds. The court highlighted the "very considerable" probative value of CCTV footage showing the Kinsellas leaving with Essalhi and returning without him. The judges concluded that the trial judge adequately addressed witness creditworthiness and that the prosecution case was "particularly strong." Consequently, the appeal was dismissed, and the mandatory life sentence remains in effect.

Who, what, where, when and why

What: Report matter: Double killer Kinsella has murder conviction upheld. Charges or matters: the murder of Mr Essalhi (31), whose burnt and bleached body was found in a field behind The Plaza in Tyrrelstown on January 6, 2011. Procedural stage: appeal

When:

Case subjects

Michael Kinsella

Appellant

Outcome: Michael Kinsella was jailed for 15 years for the manslaughter of Mr Essalhi's in 2016.

Wayne Kinsella

Defendant

Charges: the murder of Mr Essalhi (31), whose burnt and bleached body was found in a field behind The Plaza in Tyrrelstown on January 6, 2011 (Alleged Or Contested)

Plea: Not guilty

Outcome: Wayne Kinsella was unanimously found guilty of Mr Essalhi's murder by a Central Criminal Court jury after two-and-a-half hours of deliberations and given the mandatory life sentence by Mr Justice Garrett Sheehan on May 21, 2012.

Places mentioned

Secondary Mention
Court Venue
  • Court of Appeal
  • The Central Criminal Court
  • Central Criminal Court
Residence

Topics

Stage Appeal Violent Crime

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