UK - Ashley Dale, 28 fatally shot at home, Liverpool - 21 Aug 2022

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11:01JONATHAN HUMPHRIES

Jury called into court​

The 14 jurors, including two reserve jurors, have been called into court by Justice Goose.
Paul Greaney, KC, will now open the case for the prosecution.

11:03JONATHAN HUMPHRIES

Neighbour heard Ashley Dale 'groaning in pain'​

Mr Greaney says
PG: “At 12.41 am on Saturday 21st August last year the police received a 999 call. The caller said: ‘I've just recently heard a loud noise in the back. I didn’t know what it was. It alerted me. I went outside and I could hear someone groaning. I’ve stood on my back wall and the house immediately to the back of us … there’s a lady lying there in shorts and a t-shirt and she’s groaning … She’s lying in the back-yard, on her back … she looks like she’s struggling.”
PG “The caller was describing the back yard to 40 Leinster Road in Old Swan, just five miles from this court building. The person the caller could see, groaning as he described it, was a young woman named Ashley Dale.”

 
11:05JONATHAN HUMPHRIES

Killers 'slashed car tyres' before shooting​

Mr Greaney continues: “How had Ashley ended up where she was seen? Ashley lived at 40 Leinster Road with her partner, Lee Harrison, but that night, a Saturday into a Sunday, Lee Harrison was out with friends, so Ashley was home alone, save that she had the company of her dog.
“Ashley’s car, a white Volkswagen T-ROC, was parked outside the house that night. Shortly before 11.40 pm, two men approached her vehicle and they slashed its tyres, causing the alarm to sound. The men who had done that hoped that anyone within 40 Leinster Road would be lured outside, where they could be attacked and killed. However, it is clear from text messages that Ashley sent at about this time that although she heard the alarm, it did not occur to her that anything sinister was afoot. Instead, she thought that the rain had caused the alarm to activate, so she stayed where she was, inside – safe, or so she no doubt thought.
“The men who had damaged the car were not deterred. Fifty minutes later, at about 12.30 am, they returned. This time, they were not to be diverted from their intention to kill.
"One of the men approached the front door of 40 Leinster Road and he kicked it in. Ashley plainly became aware of what was happening. She screamed and fled towards the back door of the house, but the man entered the house and he pursued her. He was armed with a machine gun and opened fire. Ashley was struck by a bullet. It passed through her abdomen, causing catastrophic damage.”


11:07KEY EVENT

Ashley "shot deliberately and mercilessly" by man "intending to kill"​

Mr Greaney continues: “Although injured, Ashley managed to reach the back yard of her home, where she collapsed to the floor, into the position in which she was seen by the person who had made that 999 call. That person’s prompt report enabled police officers to reach the scene quickly.
"When they did, the killers had gone, but the officers found Ashley. They attempted resuscitation, but sadly she was beyond help. Ashley Dale was aged 28 at the date of her death. There can, suggests the prosecution, be no doubt that Ashley’s death was murder. She was shot deliberately and mercilessly by a man who entered her home intending to kill.”

11:09JONATHAN HUMPHRIES

Sean Zeisz 'deeply humiliated' by attack at Glastonbury festival​

Mr Greaney continues: “Why had such a terrible thing happened? Whilst that question is simple to express, the answer is not straightforward to explain.
“However, it is clear, we suggest, that certain events at the Glastonbury Festival in late June
2022 played an important part. Ashley Dale and Lee Harrison, her boyfriend, attended the Festival, as did at least four of the defendants - Sean Zeisz, Niall Barry, Ian Fitzgibbon and James Witham.
“A group of other young men from Liverpool was also present, one of whom was a person called Jordan Thompson, who was known as Dusty.
“Lee Harrison seems to have had an association with the group of which Dusty was part. Whilst at the Festival, Sean Zeisz was assaulted and his attackers included Jordan Thompson, Dusty.
“This attack appears to have occurred because Sean Zeisz was, as it was later expressed, arguing with everyone for Niall Barry, who was known as Branch. To compound the loss of face for Sean Zeisz, in the aftermath of the assault, his girlfriend - a woman called Olivia, known as “Liv”, McDowell - stayed with the group of which Jordan Thompson, Lee Harrison and Ashley Dale were part. It is clear that Sean Zeisz felt deeply humiliated from what had happened at Glastonbury.”

 
11:11KEY EVENT

James Witham 'dispatched to kill Lee Harrison and leave no witnesses'​

Mr Greaney continues: “Over the days and weeks that followed, Niall Barry sided with Sean Zeisz. The issues between Sean Zeisz, on the one side, and Jordan Thompson and Lee Harrison, on the other, were fresh, but Niall Barry also had a separate and longstanding antagonism towards Lee Harrison.
“Niall Barry used these new events at Glastonbury to reignite that old feud. And as tensions simmered in Liverpool, Niall Barry made a series of threats directed towards Lee Harrison.
“Against that background of feuding, on Saturday the 20th of August, Niall Barry, Sean Zeisz and Ian Fitzgibbon dispatched two other men - Joseph Peers and James Witham - armed with a Skorpion sub-machine gun, to kill Lee Harrison at his home and to deal with anyone that got in their way, leaving behind no witnesses.
“As we have explained already, whilst Lee Harrison was not at home, Ashley was. It was James Witham who forced the front door to 40 Leinster Road, James Witham who entered the house and James Witham who proceeded to open fire on Ashley, shooting and killing her.
“James Witham then walked upstairs and into a bedroom, where he fired five bullets into the wall. He did that, the prosecution suggest, to send a firm message to Lee Harrison. And that message was that he, Lee Harrison, had been the principal target of this attack and he too should be dead, along with Ashley.”

 
Wow this is worse than I thought. I somehow thought that Ashley would have been somewhat oblivious at the time of her being shot, but no it must have been terrifying for her having men break into her home with a gun while she's alone, chased her through the house to the garden then shot her dead.

Awful.
 
11:13JONATHAN HUMPHRIES

James Witham claims he 'did not see or hear Ashley' and shooting was 'accidental'​

Mr Greaney continues: “It is relevant to tell you at this stage that James Witham admits that he was the man who kicked in the front door to 40 Leinster Road, entered the house and shot Ashley Dale dead with a machine gun. So, there is no doubt about who the gunman was. It was James Witham. And that is a foundation stone of the prosecution’s case in this trial.
“As we understand it, James Witham’s case is that he is not guilty of murder, but instead of the less serious offence of manslaughter - an offence that he has admitted.
“He maintains that he went to 40 Leinster Road as the result of a dispute with Lee Harrison arising out of drug dealing in North Wales. He wanted to send out a message to Lee Harrison and had, he claims, no idea that Ashley was there.
“He will assert, we believe, that he never saw or heard Ashley whilst he was within 40 Leinster Road. James Witham maintains, in short, that he shot Ashley by accident.
"The position of the prosecution is that James Witham knows that he cannot escape the evidence that places him at the scene and which proves that he was the assassin; and that what he is doing in this trial is trying to get away with what he did as cheaply as he thinks possible – by admitting the least he calculates he can get away with.
“James Witham is, the prosecution suggests, guilty not of the manslaughter of Ashley, but of her murder and of the other offences with which he is charged. He, we suggest, is a murderer and so are the others charged on count one of the indictment, which you heard referred to yesterday and to which we will return at the end of this opening address.”

11:23KEY EVENT

Ashley's "distressing" voice notes to be played to jury​

Mr Greaney talks the jury through a bundle of documents they have been handed relating to the Sequence of Events.
He says that one form of evidence in the trial will be a series of voice notes that were recovered from Ashley Dale’s phone.
He tells the jury: “Ashley was in the habit of documenting her thoughts in such messages and sending them to her friends, who replied in the same way. These voice notes provide a running record of Ashley’s concerns, and those of her friends who were also caught up in the relevant events to some extent. You will need to exercise caution in relation to some of that which is reported in the messages, because some of it appears to be based on what the speaker, whether Ashley or one of her friends, had been told by others.
"But overall, the voice notes along with various text messages that were also recovered from Ashley’s iPhone provide a clear picture of the developing dispute to which we have referred and the way in which it spiralled into fatal violence.
“We should warn you now that listening to the voice notes is upsetting. That is because we will be listening to the voice of Ashley herself, describing in her own way a dispute which the prosecution suggests led to her death. It is distressing to listen to, but your obligation as jurors is to assess it dispassionately, making a fair and objective judgement about what it proves.”

 
11:27JONATHAN HUMPHRIES

James Witham's intention when he pulled trigger "principal issue" in case​

Mr Greaney continues: "Second, we will deal with the events of 20th and 21st August 2022, the Saturday night and Sunday morning, when the Sean Zeisz, Niall Barry and Ian Fitzgibbon - the organisers - and James Witham and Joseph Peers - the assassin and his driver - came together to put a plot to kill into operation.
"As we have explained to you already, James Witham accepts that he fired the fatal shot from that machine gun. Why he discharged that firearm and with what intention are the principal issues in his case, and in the cases of the others charged in connection with the death of Ashley Dale, the issue is whether they played a part in the plot to kill Lee Harrison and in the murder of Ashley Dale.
“Third, we will deal with aftermath of the murder of Ashley Dale, considering what the defendants did once she was dead, what they said once arrested and what we understand their cases will be during the course of this trial.
“Finally, once we have dealt with the evidence, we will take you to the indictment and explain briefly why the prosecution says that each of the six men in the dock is guilty of the charge or charges that he faces."

 
11:29KEY EVENT

Lee Harrison "uncooperative" after Ashley's murder​

Mr Greaney says he will “introduce the jury to some of the main personalities who will feature in the evidence”.
They are shown a picture of Ashley Dale, as well as one of Lee Harrison.
Harrison, he tells the jury, was “a little younger than Ashley, being aged 25 at the date of Ashley’s murder” and went by the nickname “Saz”.
Harrison “stopped using his mobile phone number about 12 hours after Ashley was attacked”.
Mr Greaney adds: “It has not been possible for the investigators to recover much potentially relevant data relating to his telecommunications.
“You might find that surprising, but sadly it reflects the generally uncooperative approach that Lee Harrison has adopted to the investigation into his partner’s brutal murder. That probably reflects the world of criminality in which he appears to have been involved.”

 
11:32JONATHAN HUMPHRIES

Niall Barry 'divisive figure' in Liverpool​

The jury are next shown a picture of Niall Barry, nicknamed “Branch”.
PG: “That is a name we will hear used very extensively in the voice notes of Ashley and her friends. So please fix in your minds: Niall Barry is Branch. Our understanding is that Niall Barry accepts that Branch is a name by which he was commonly known.
“The evidence reveals that Niall Barry was a divisive figure within Liverpool during 2022 and before, and also that he had a history with Lee Harrison. We will get to that important history shortly.”
Mr Greaney says that Barry was linked to an address at 267 Pilch Lane, a flat in Huyton “just lee than two miles to the west of Leinster Road".
He says of the Pilch Lane flat: “It was the centre of operations for the plotters on the night of 20th and 21st August.”
They are shown a picture of the outdoor of the flat, bordered by a hairdressers and a pharmacy and two doors down from a Go Local convenience store, as well as a floor plan of the property.
PG: “There was one room for equipment for the growing of cannabis.”
Mr Greaney says Barry’s girlfriend was Lucy Worley.

 
11:36JONATHAN HUMPHRIES

Sean Zeisz also linked to Pilch Lane flat​

Jurors now see a picture of Sean Zeisz.
“His nickname is 'Zest', sometimes 'Z', names to which extensive reference is made in the evidence and in the voice notes. He also used the persona 'Edward Scissor' when sending messages via WhatsApp.
“Sean Zeisz is also linked to 267 Pilch Lane because along with Niall Barry and Ian Fitzgibbon, he was involved in directing events from there on the night that Ashley was killed.
“His partner, until the Glastonbury Festival, was Olivia McDowell - who was known to her friends as Liv. Liv is the cousin of Ian Fitzgibbon and so when you hear references to 'your Ian' in the voice notes, that’s a reference to him.
“Liv plays an important part in events, so please bear her name in mind. Very soon we will start to listen to messages that she and Ashley exchanged.
“Because of Liv McDowell’s connection with Ian Fitzgibbon, it is convenient to deal with him next. Ian Fitzgibbon was aged 27 at the date of the attack on Ashley Dale and is now aged 28.
“He goes by the nickname 'Fitz' and is also associated with 267 Pilch Lane because he too is one of those who directed the actions of the assassins from that address on the relevant night.”
His picture is again shown.

 
11:41JONATHAN HUMPHRIES

"Footsoldier" Witham "had no choice" but to admit being gunman​

Mr Greaney continues: “We’re moving away from the organisers to the foot soldiers.”
The jury are shown pictures of Peers and Witham.
Joseph Peers is said to have “left that address”, on Pilch Lane, “before the murder of Ashley Dale and returned to the flat on the early morning of 21st August”, after Ashley had been killed.
“His role was, the prosecution suggests, to drive the vehicle that took the gunman to 40 Leinster Road and or otherwise assist in the attack. That vehicle was a Hyundai, about which you will hear a good deal in the trial.
“The gunman was James Witham, as he accepts”.
Mr Greneay says of Witham: “He too left 267 Pilch Lane before the murder and returned there afterwards. After the killing of Ashley Dale, DNA that matches his was discovered on a bullet casing recovered from upstairs at 40 Leinster Road and a footwear impression matching the sole of trainers he is shown to have purchased on 20th August 2022 and to have been wearing that day was discovered on a panel of the front door of 40 Leinster Road.
“The evidence indicates that the door panel was on the floor when the impression was made, and its orientation shows that it was left as the wearer, the assassin of Ashley, left.
“James Witham was the gunman who used the machine gun to murder Ashley. He left his DNA and an impression of his footwear behind. You may find it hardly surprising, in those circumstances, that he has been left with no choice but to accept that he was the gunman.”

 
11:42KEY EVENT

Suicide of Rikki Warnick "increased temperature" in Liverpool​

Jurors are next shown pictures of Jordan Thompson, nicknamed “Dusty”, and a man called Rikki Warnick.
Mr Greaney says of 21-year-old Thompson: “He played a part in the development of the dispute that we are about to explain. The evidence reveals that Dusty was an associate and friend of Lee Harrison.”
The prosecutor adds of Mr Warnick: “Tragically, Rikki took his own life on the night of 21st July 2022. It is plain that Rikki was much liked by the community in Liverpool of which he was part. His death, and the events that took place to commemorate his life sadly operated to increase the temperature in an already heated situation within Liverpool. In the trial, we will learn a good deal about that.”

 
11:43JONATHAN HUMPHRIES

'Trouble broke out" in Glastonbury​

Mr Greaney says he will turn to the events of Glastonbury 2022.
PG: “You may not know that the Glastonbury Festival is known formally as the Glastonbury Festival of Contemporary Performing Arts. You will probably all know, as we will hear when listening to Ashley’s voice notes, that those who attend know it is “Glasto”.
“Glastonbury is a celebration of music and the arts. It takes place over five days each summer in Somerset. It attracts about 200,000 people and it’s acclaimed around the world.
“The festival was cancelled in 2020 and 2021 because of the pandemic, but it returned in June 2022, when it took place between Wednesday the 22nd and Sunday the 26th of June. Billie Eilish headlined the Friday night and Paul McCartney and Kendrick Lamar were the headline acts for Saturday night and Sunday night respectively and the festival was hailed as a great success.
“Ashley Dale and Lee Harrison attended the festival that year. An image of the two of them there was subsequently recovered from Ashley’s iPhone.”
The jury are shown this picture.
Harrison is shown with his arm around Ashley Dale.
Mr Greaney continues: “A group of other young people were also there. Among that group were Niall Barry (Branch), Ian Fitzgibbon (Fitz) and Sean Zeisz (Zest) and the then partner of Sean Zeisz, Olivia McDowell (Liv). Another group from Liverpool was also present, including Jordan Thompson, who as you well know now went by the name Dusty. It is clear that whilst they were all there, trouble broke out.”

 
Thanks for the updates Legally. I hadn't realised that Witham deliberately shot Ashley. I thought this was another case of an innocent person getting in the line of fire, like Olivia and Elle.
He can dream on if he thinks the Jury will go for manslaughter.
 
11:57JONATHAN HUMPHRIES

Ashley's phone 'valuable source of information'​

Mr Greaney continues: “How do we know that? One of the police officers who attended 40 Leinster Road in response to that 999 call was Sergeant Glen Whitfield.
“On arrival, he was directed by another officer into the back yard of the house, where he saw Ashley on the floor and dying. Constable Darren Bratt was attempting CPR and Sergeant Whitfield could see an obvious gunshot wound to Ashley’s abdomen.
“He could also see a mobile telephone handset on the floor, a couple of feet away from Ashley. Sergeant Whitfield took possession of that handset.
“In due course, the iPhone was examined by an expert and it quickly became apparent that it was Ashley’s iPhone. It also became clear that she routinely communicated with her family and friends not only by sending text messages, or iMessages, and making calls, but also by sending and receiving audio recordings that are often referred to as voice notes. These communications were retrieved from the handset.
“That material provides an invaluable source of information about what had occurred at Glastonbury and what happened once Ashley and Lee Harrison returned to Liverpool. In turn, all of that explains why an attack was launched on 40 Leinster Road in the early hours of 21st August 2022 and why Ashley was killed. In short, the material deriving from Ashley’s phone explains the motive for the attack.”

 
I'll just be on my phone for a bit and finding it too fiddly to copy over. If nobody can do updates I'm happy to catch up on them later.
 
Thanks for the updates Legally. I hadn't realised that Witham deliberately shot Ashley. I thought this was another case of an innocent person getting in the line of fire, like Olivia and Elle.
He can dream on if he thinks the Jury will go for manslaughter.
I imagine whatever *advertiser censored* and bull story the driver comes up with in his defence is unlikely to work either!
 
11:59KEY EVENT

'Zest got smacked'​

Mr Greaney: “The first set of messages we will consider was exchanged between Ashley and her friend Sophie on the evening of Monday the 27th of June, just a day after Glastonbury ended.”
These messages are shown to the jury, who also see a second picture of Ashley at the festival.
Ashley writes: “Zest got smacked saturday and again last night by all Joker and that. Dusty hit him too. I dunno if Liv got hit. She ended up legging Zest.”
Mr Greaney says: “Ashley was reporting to Sophie that Zest, Sean Zeisz, had been “smacked” and that one of those involved had been Dusty, Jordan Thompson. Furthermore, Sean Zeisz's girlfriend, Liv McDowell, had ended up leaving him and staying with her (Ashley) and Lee Harrison and Dusty.
"From those beginnings, things began to develop in a dreadful direction."

12:02KEY EVENT

Ashley's voice heard in court​

Mr Greaney says a series of voice notes were exchanged between Ashley and Liv McDowell on the evening of June 29.
These are played to the jury.
Ashley Dale recorded herself saying: “He’s obviously just fuming isn’t he. He’s taking it out on you. What are you meant to do? You’re proper stuck in between. You tried your best to try and keep the peace. It’s all kicked off. It’s heavy cos at the end of the day you’ve stood by him through everything. You’re proper torn and stuck in between the two. Emotions are heightened from Glasto anyway. He’s gonna be on one. You’re gonna have to give him a few days. I know your heads probably t**ted. Let him cool down for a few days.”
Mr Greaney adds: “Ashley is plainly here referring to the events at Glastonbury. She makes clear that “emotions will be running high from Glasto”. She makes plain too her opinion that Sean Zeisz, Zest, would be “fuming” as a result of what had happened at Glastonbury.”
Ms McDowell’s reply is now played.
LM: “What does he want me to do, leave everyone? Would he rather me walking round on my own? I’d rather split up with him….
“Youse are me mates and I love youse. Why is he speaking to Saz then if Branch is his mate, but he’s arguing with everyone for Branch? I really don’t get it. You’re going to fall out with everyone over Branch. I don’t want all of this Ash. He might not be assed but I am. My life is so hard. It’s just a mad one isn’t it? I don’t know whether I’ve made my mind up.”
There are some technical issues with the playing of these messages, and the court will take a short break while these are rectified.

12:22JONATHAN HUMPHRIES

Court resumes​

Mr Justice Goose returns to court and asks for the jury to be brought in

12:31JONATHAN HUMPHRIES

Zeisz 'calls his girlfriend a rat'​

The jury are brought back in.
Mr Greaney replays the recording of Liv McDowell’s voice note reply to Ashley
LM: “What does he want me to do? Leave everyone? All my mates? Would he rather me walk away on my own? I don’t want that; I would rather split up with him than me fall out with everyone, youse are me mates and I love youse.
“Why is he speaking to Saz then if Branch is his mate?, but he’s arguing with everyone for Branch? I really don’t get it. You’re going to fall out with everyone over Branch but then you’ll speak to Lee and that.
“I told him Lee was asking about him. It’s got nothing to do with Lee, he tried to stop it. I don’t want all of this Ash. He might not be assed but I am. My life is so hard. It’s just a mad one isn’t it? I don’t know whether I’ve made my mind up whether I’ve had enough. My anxieties up the wall…
“He doesn’t give a *advertiser censored**. He should be happy I found youse. It’s just a mad situation. Mad but he’s calling me a rat, I don’t know why. Because I’ve ended up with youse. It’s mad Ash. Me heads all over the place, honestly.”
The prosecutor says: “It is obvious from her response that Liv McDowell is distressed by her current situation.
“From what she says, we start to understand that there are two groups in a developing dispute here: the group that has gathered around Branch, Niall Barry, and the group that has gathered around Lee Harrison.
“Furthermore, we discover from Liv McDowell that Sean Zeisz had been ‘arguing with everyone for Branch’ This observation is important to understanding how things start to unravel.
"It is plain from what Liv McDowell says that this had caused a problem and that Sean Zeisz had called her 'a rat because she had 'ended up with youse’ in other words because she had stayed with Ashley and Lee Harrison after the assault on Sean Zeisz that had occurred during the course of Glastonbury.”

 
12:33KEY EVENT

'Where's Saz, I'm gonna stab him up'​

Mr Greaney reads out a message “from Ashley to Liv” in which “we start to understand that there is a particular issue between Niall Barry and Lee Harrison”.
AD: “I know Branch has been saying madness about Lee … like obviously I’ve been told stuff which he’s been saying in the past … and just all *advertiser censored**ing madness or whatever, but obviously I’ve just thought Branch was talking s*** but then obviously on the weekend when they’re in the same fezzy and he’s saying ‘Where’s Saz I’m gonna stab him up’ to your Ian, then that’s when I’m like hang on …”.
Mr Greaney adds: “The sense from this we suggest is that there are sides, with Niall Barry on one side and Lee Harrison on the other. That emerges very strongly from that messages. There seems to have been an incident, Niall Barry saying he was going to stab Saz up.”
The prosecutors say that Ms McDowell refers to “murder” in her reply, by which she means “aggravation or bother”.

 

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