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A CONVICTED KILLER has received a sentence of two years imprisonment after he admitted threatening a witness in a manslaughter case.
Michael Kinsella (24) pleaded guilty in December 2015 to the manslaughter of Adil Essalhi, who received more than 50 stab and chop wounds before his body was burnt and left in a ditch in west Dublin nearly five years ago.
Kinsella, formerly of Swiftbrook Close, Tallaght, Dublin and Ardkeen, Cavan is already serving a 15-year prison term for his part in the unlawful killing at Tyrellstown on 6 January, 2011. His uncle Wayne Kinsella was convicted of murdering Mr Essalhi in 2012.
Today Kinsella pleaded guilty at Dublin Circuit Criminal Court to a charge of intimidation of a witness in a criminal investigation in October 2011.
Detective Garda Brendan O’Hora told the court that Kinsella sent a text from his own mobile phone to a woman who had made statements to gardai investigating Mr Essalhi’s murder.
The text said: “Me Dad says you had better have the gardaí at school with ye. I’m gonna break Big Donna’s house.”
Detective Garda O’Hora said that at the time the witness was living with a relative named Donna.
Judge Terence O’Sullivan said there was a threat of violence in the text which would have been taken seriously by the victim.
He commented that intimidation of witnesses was something he took seriously and it was occurring on an unfortunate basis around the country.
He said this offence was at the moderate to lower end of the scale of these offences. He imposed a two year sentence to run concurrent to his current term of imprisonment.
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A concurrent 2 year sentence means no extra time in jail. What sort of game are these judges playing? What’s the point of having a trial and paying all their big salaries if in the end of the day a conviction means zero?
@iBob101: judges are bound to follow the laws as written by your elected officials. There’s no consecutive sentencing in statute, they can’t just apply it.
@Matt, don’t be reminding us of inconvenient facts.
And yet Fianna Fáil can bring a motion this evening to the Dáil on islanders voting on the same day as everyone else… Consecutive sentencing is the kind of amendments they should be bringing forward.. Honestly where are these people’s priorities!
@Matt Connolly: Criminal Justice Act, 1984
11.—(1) Any sentence of imprisonment passed on a person for an offence committed after the commencement of this section while he was on bail shall be consecutive on any sentence passed on him for a previous offence or, if he is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed two years.
So apply the law then. This man, convicted and duly sentenced at the Circuit Court committed another offence while on bail. Now, you go ahead and read that act up there and you explain to me again why this man has not received the appropriate *consecutive* sentence, under statute, for this crime?
This is so far beyond a joke now. Seriously. Maybe some day when this country discovers journalism again we will have some accountability. In any case, I can only hope this sentence will be appealed because, apart being an insult to society at large, it is incorrect under the law. I won’t even hold my breathe for that much though. No Justice here, only Prison Management.
50 stab wounds and chops I think after the first 49 you’d know what you are doing and then it’s murder not manslaughter.
His uncle was done for murdering the man, he was party to it so he gets manslaughter?
F**k me. A complete non-sentence.
10 years minimum for witness or jury tampering, on top of any existing sentences.
This just shouts from the rooftops that if you are up on a serious charge, its well worth your while to intimidate anyone you can, as worst case scenario is that you get 0 years added to your already laughable stint in the slammer.
Well that was a waste of time!!
Concurrent. I’m sure that will have a big impact on the murderer already serving 15 years.
Where’s the law in this country they are laughing at our justice system can you blame them some joke!!
@Dan Henry: But the lawyers make bundles out of it from the state.It’s a jackpot merry go round for all the judges and their lawyers buddies who continue to push these free legal aid cases.They are all in it and on the gravy train and why would they want it to stop?
Ban judges using the phrase concurrent. Why not let them explain in plain English that they are in effect doing sweet Fook all in extending convicted criminals sentences.
Legal system here is a joke, make a complaint to the Garda after being assaulted, perpetrator gets your name and address yet the victim is not privy to the same information.
There are so many criminals getting away with sentencing through intimidation of witnesses. And witnesses know that even if they get put away, they’ll be out in a year or two to make their life a living hell – so it’s not worth the risk of it.
I know people who have had to fled the country, because they were afraid of making statements.
Intimidation of a witness should carry a penalty of no less than 10 years in prison. Criminals need to know the consequences of trying subvert justice.
what a complete scrote..
A little proofreading of the headline is necessary me thinks!
All sorted.
Don’t think I’d mess with big Donna..
It will take the kidnapping or murder of a judge to change anything. The legal system is corrupt in this country and needs to be pulled down
Good jail sentence there to teach the toe rag a lesson. Sends out a great message there.
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