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

[Legally Bland]

15:37DANIEL WINDHAM

'Sometimes the answer is right in front of our faces'​

“What does Ashley talk about? She doesn’t talk about James Witham. From a short time after her return from Glastonbury, Ashley spoke repeatedly of her fears of what the consequence of Lee Harrison’s major beef with Niall Barry would be. She predicted an awful outcome from that major beef. And Ashley was right that there would be an awful outcome, even if she did not identify she would be the victim. Those words of hers you have heard, her voice from beyond the grave, speak about the truth of what caused her death. What she was speaking about, what she was troubled about, what she was fearful of, what she thought was going to have a bad outcome was not James Witham. It was a dispute involving Branch.
“The account Ashley gives is consistent and entirely coherent. Will they maintain A shleywas lying to her friends about where the threat was coming from, that it was coming from Niall Barry when it was coming from James Witham? If that suggestion is made you should reject it out of hand. You’ve heard Ashley’s own voice. You can make your own judgement about the anxiety and fear she expresses. Clearly she feared Niall Barry was going to cause serious harm to Lee Harrison. Why would she have lied? Any idea that she would is plainly nonsense.
“Will the defs maintain Ashley was mistaken? We suggest you should reject that suggestion out of hand. Ashley made clear the threat came from once place, Niall Barry and his organised crime group. How can she possibly have been mistaken about that?
“Will the defs maintain Ashley was reported what she had been told by Lee Harrison, but Lee Harrison was lying to her? It is true Lee Harrison is a disgrace and a coward. He has failed to show any human decency let alone respect and love for his dead partner. He refused to hand over the phone he had been using to the police, he lied to them and even remained in bed on one occasion when the police came seeking information. You would be entitled to conclude that all of that is repugnant. But at the time, as tensions increased, what possible reason would Lee Harrison have had to have lied to Ashley about where the threat came from? Ashley herself wanted to know the source of the threat so she could judge the risk to her and Lee. why would Lee Harrison have said the risk came from Niall Barry when it came from James Witham alone?
“There is powerful evidence independent of what Lee Harrison said to Ashley, that Niall Barry was the threat. There is no doubt that Niall Barry and Lee Harrison had had a major fallout in about 2018 over the theft from Niall Barry of drugs with a susbtantial value by the Hillsiders and the fact Lee Harrison sided with the Hillsiders. Those two men had a major bust up. It was because people Lee Harrison associate with stole drugs worth tens of thousands of pounds from Niall Barry.
“You’ve seen Niall Barry give evidence. You know he was a drug dealer on a major scale. You know he had ready access to firearms including automatic firearms. Do you think he took that loss of drugs and that loss of face well? Do you think he said to himself, I’ll turn the other cheek? When you think about what Ashley was reporting there is clear evidence Niall Barry was out for Lee Harrison at Glastonbury. That’s what Ashley reported repeatedly in her message. Niall Barry accepts he made a threat. You will need to resolve the dispute between Niall Barry and Ian Fitzgibbon about whether the threat was directed to Lee Harrison with a knife being produced, or as Niall Barry will have you believe it was a drunken threat to stab up the group. There was undoubtedly a knife in play at Glastonbury. Niall Barry was carrying a bag when he was challenged by the police in the car park of the Pig and Wheel. That was the same bag he had in his hand when he walked into the Formby Hall Hotel before his intended flight to mainland Europe. It was a bag that at Glastonbury had Niall Barry’s passport in, some of his clothes and a knife. Sometimes the answer is right in front of our faces.
“When you consider whether what Ashley had been told was correct, there is the clearest evidence from other sources that in the summer of 2022 there was major beef between Niall Barry and Lee Harrison and it had a distinctly violent tint to it.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

15:38DANIEL WINDHAM

'James Witham is demonstrated to be a liar on a staggering scale'​

Mr Greaney: “In considering whether the defendants’ account that the attack on 40 Leinster Road was down to a dispute between James Witham and Lee Harrison, please bear in mind the following. That account is entirely dependent on evidence from the defendants and in particular James Witham. It is dependant on the truthfulness of what they say. James Witham is demonstrated to be a liar on a staggering scale. He submitted a defence statement to the court that was jam packed full of lies. The truth is that he only accepted he was the gunman when the evidence left him with no choice but to do so. None of the defendants who rely upon this alternative motive said anything about the alleged confession of James Witham until they had to do so. Sean Zeisz and Niall Barry are saying he came back to the flat and said he’d shot up the house of Saz. Bear in mind that not one of those defendants who rely upon this alternative motive said anything about it until they had to do so and said nothing about it until they submitted their defence statements shortly before this trial commenced.
“Sean Zeisz and Niall Bary say they wanted to apprehend James Witham themselves and hand him into the police. Test that by what they did. What they did was to complete a drugs deal or deals, they then went, in Sean Zeisz’’s case, for a Sunday roast at his mother’s and, in Barry’s case, to wait for a sandwich with phones switched off. The three of them made not the slightest attempt to inform the authorities what they knew. They did nothing. What does that tell you about the truth of what they now say?”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

15:39KEY EVENT

'You can be sure the real reason was the feud between Lee Harrison and Niall Barry that Glastonbury reignited'​

Mr Greaney continues: “If the reason for the dispute with Lee Harrison was a dispute to do with drugs in North Wales, how does that distance Niall Barry and Sean Zeisz from the motive? This isn’t our principle argument. Niall Barry and Sean Zeisz were business partners in a major operation involving the distribution of drugs on a large scale. That plainly involved the distribution of drugs into North Wales. That included the Kyle Line. James Witham was involved in that line. We submit the evidence establishes that Niall Barry controlled it. Witham was involved in the Kyle Line, but the evidence that Niall Barry controlled it and controlled Witham is overwhelming.”
Mr Greaney references the Kyle Line phone having been found in Barry’s possession upon his arrest and others having referred to him as Kyle in messages.
PG: “It is clear, we suggest, that Niall Barry controlled the Kyle Line in North Wales and that James Witham worked for him. But this was Niall Barry’s operation. If the dispute relating to Lee Harrison did relate to North Wales, then Niall Barry is implicated and so is Sean Zeisz, because of his drug dealing relationship with Niall Barry. We are not suggesting the reason for the attack was Niall Barry. Even if it was, or was part of it, that reason was far from personal to James Witham alone. It also drew in Niall Barry and Sean Zeisz.
“You can be sure the real reason was the feud between Lee Harrison and Niall Barry that Glastonbury reignited. What Ashley said in her messages to her friends is patently accurate. You can be sure it was all down to that dispute between Niall Barry and Lee Harrison.”
The court will now take a short break, resuming at 3.30pm.

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

15:56DANIEL WINDHAM

'Events took a distinct turn for the worse after the death of Rikki Warnick'​

Justice Goose and the jury reenter, and Mr Greaney will continue his closing speech.
He refers to evidence sent by Ashley to her friend Sophie on June 27, on the Monday after Glastonbury.
“Ashley speaks of the assault on Sean Zeisz. She’s asked what happened with Zest and Liv. Zest got smacked Saturday and again last night by Joker and all that. Dusty hit him too. She ended up legging Zest and staying with us, with Dusty. Quite a lot of time has been spent on whether Dusty did lay a finger on Sean Zeisz. You may feel it doesn’t matter much if at all if Dusty was responsible. What is beyond doubt is that in the aftermath, Oliva McDowell took up with dusty and Sean Zeisz was enraged with that. Whether Dusty did carry out an assault himself may not be terribly relevant. On any view, Sean Zeisz became enraged by the simple fact of the relationship.
“Events took a distinct turn for the worse after the death of Rikki Warnick, for which many blamed Dusty. All of that in the minds of these defendants was also down to Lee Harrison. He was an associate of the Hillsiders, he was friends with Dusty and he was the one with a history with Niall Barry. The events at Glastonbury, the aftermath and the robbery three years earlier started to merge. Niall Barry used the loosening of relationships to reignite his feud with Lee Harrison. We were correct to submit to you that what happened at Glastonbury ultimately was the trigger for the terrible events of August 21.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

16:03DANIEL WINDHAM

"When that relationship, Liv and Sean Zeisz ended, that ended the truce.”​

Mr Greaney now refers to voice notes between Ashley Dale and Olivia McDowell.
“They speak of the fact Sean Zeisz is going to be, to use their word, fuming. What Liv says is 'Why is he speaking to Saz if Branch is his mate? He’s arguing with everyone for Branch. I really don’t get it, you’re gonna fall out with everyone over Branch then you’ll speak to Lee and everyone that doesn’t speak to branch.' Liv is speaking of Sean Zeisz arguing with everyone for Branch. What she’s doing is making plain there are already sides. On one side is Niall Barry and on the other side is Lee Harrison.
“Liv says this. 'I’ve had enough of it, falling out with everyone. I tried to keep the peace. He’s like, why are you trying to do that? What Liv is speaking about is keeping the peace between the two sides. Later in the messaging, Ashley explains the relationship between Liv and Sean Zeisz had kept the peace for a substantial period after the robbery of Niall Barry. When that relationship ended, so the peace ended. Obviously this major beef had developed between Niall Barry and Lee Harrison. But for a period what created the truce was Sean Zeisz going out with LM, a friend of Ashley’s, the partner of Lee Harrison. For a period there was that connection and it held the peace, albeit an uneasy peace. When that relationship, Liv and Sean Zeisz ended, that ended the truce.”
Turns to another message
“Ashley says this. 'You are just proper stuck in the middle. You have been stuck in the middle for a long time. You’ve been there for Branch. I know Branch has been saying madness about Lee. Ive just thought Branch was talking s***. On the weekend when theyre in the same fezzy and he’s saying where’s Saz im going to stab him up to your Ian. I wouldn’t want anyone who I was speaking to be mates with him.' She’s there speaking about the threat of Niall Barry to stab up Lee Harrison.
“Mr Cooper may say to you during the course of his speech, what the prosecution is doing is treating Ian Fitzgibbon as a witness for the prosecution. He may suggest the prosecution is regarding him as generally reliable. Obviously what Ian Fitzgibbon said about that threat fits with what we say really happened. Let me be plain. We most certainly do not regard Ian Fitzgibbon as being generally reliable. On the contrary, he was knowingly involved in the plot to kill Lee Harrison which resulted in the death of Ashley. A witness can tell the truth about one thing while lying about many others. The evidence of Ian Fitzgibbon on this topic demonstrates the threat of Niall Barry to stab Lee Harrison was real, it was focussed on Lee Harrison and accompanied by the showing of a knife. What that means if Ian Fitzgibbon is accurate is that on any view in the summer of last view there was major beef between Niall Barry and Lee Harrison and that was tipping into real violence.
Mr Greaney reads another message of Ashley's: “I feel Sean should make a decision what side he’s on. Life would be a lot easier. Life would be a lot easier if he just legged him."
PG: “Here we have a reference to sides. The sides are plainly not James Witham and Lee Harrison, the sides are Niall Barry and Lee Harrison. Liv is replying. She says you can’t be in the middle of everything. You’ve got to pick your side. You’re with Saz. Branch doesn’t like Saz. There she says it. You can’t be in the middle of everything, you’ve gotta pick sides. The only inference is that there is a dispute and there are sides. As we’re going to see, it just gets worse and worse.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

16:06DANIEL WINDHAM

"The evidence reveals what Ashley reports to Sophie is entirely accurate"​

“On July 3, from Ashley’s messages, we start to find out what the dispute between Niall Barry and Lee Harrison is all about. There are sides and people are going to have to pick sides. These are messages between Ashley and Sophie. Branch is out for Lee isn’t he. There’s been murder again. My nerves are gone over it all.' Ashley describing the major problem and indicating the anxiety it’s causing her. Then, just still over the murder a few years ago when they fell out. Branch is back on his high horse. He was in Glasto, pulled out a big knife to Ian Fitz and said 'Where’s Saz, he’s getting stabbed up. He knows where we live, and his mum.' She’s talking about this dispute, describing it in terms with which something historical has been reignited. Niall Barry knows where we live.
“Sophie asks, is it over when he got robbed. Ashley replies it’s been three years. Sophie says she doesn’t know the full story, she just heard years ago the hillsiders had robbed him. Ashley gives her explanation of what had happened. Lee never took his side and they was best mates but Branch had been bumping Lee for ages. Lee used to answer all the phones, Branch was taking the p*** out of Lee and he found it all out off Ian. Then he, Branch, was threatening to come here but he never come. He’s disappeared for years, now someone’s obviously rattled his cage. It’s scary cos he’s on some pure rampage.'
“These messages, on July 3, provide a summary of a deep wound in the relationship between Niall Barry and Lee Harrison that had festered for years. The evidence reveals what Ashley reports to Sophie is entirely accurate. Ashley is saying to Sophie, what caused the problem was Branch being robbed and Saz siding with the Hillsiders. When you make your judgements, please bear in mind passages such as this. They are independently verifiable. What she is saying is demonstrated to be correct. What that messaging reveals is the Hillsiders had robbed Niall Barry of a valuable consignment of drugs and Lee Harrison had sided with the Hillsiders. You have seen Niall Barry in the witness box and heard his evidence. You will make your own decision if he will take being robbed lying down. We suggest he is not.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

16:12DANIEL WINDHAM

'The side he had chosen was the Branch and Zest side of the dispute'​

“Let's have a look whats happening in Sean Zeisz’s world. This is July 20. This is before the death of Rikki Warnick. We can see that Sean Zeisz is sending a message to Niall Barry. 'Dusty been getting me bird lad, how sick is that?' Later he adds, 'Rat isn’t she?' On July 20, we see Saz’s reaction to the relationship between Dusty and Liv. To say the least, even at that stage, he is plainly deeply angry about it. It was the day after these messages that Rikki sadly took his own life. Plainly that served to increase the temperature in a situation that already was becoming most heated.
“We see messages in the period after they discovered Rikki had taken his own life. This message is dated July 22. Rikki has killed himself. You will remember that Sean Zeisz has seen Liv’s car on Dusty’s path or someone has brought that to his attention. He wants her vehicle to be damaged. He’s quite insistent. There we see on the right hand side, 'Dust been bullying Rik lad.' Then at the end of that disturbing sequence, we have that voice note that Sean Zeisz sent to Barry.”
Mr Greaney asks for the voice note to be played to the court:
“That’s Sean Zeisz to Niall Barry. We know from Ashley that this three-year-old dispute between Lee Harrison and Niall Barry is blowing up again. Here is Sean Zeisz recruiting Niall Barry to cause damage to Liv’s car arising out of Liv’s relationship with Dusty. What was happening was that Sean Zeisz’s anger with Dusty and Liv was intensifying because of his belief Dusty was responsible for the death of Rikki. He says he has had damaged caused to the tyres of Liv’s car. He explains that Ian Fitzgibbon has chosen his side. Ian is there, Ian has put the door in. why would Sean Zeisz be lying to Niall Barry given the closeness of their relationship about the involvement of Ian Fitzgibbon. He could hardly be mistaken about it. Either it was happening and Ian Fitzgibbon was taking part in what was happening at Liv’s flat or he was lying. What reason is there to lie?
“Ian Fitzgibbon by now on this date, a month before Ashley’s death, he had chosen his side. The side he had chosen was the Branch and Zest side of the dispute.
“There was to be no cooling of the rage that Sean Zeisz was in. On July 27 and the days that followed, Sean Zeisz sends Liv message after message which demonstrate his pure fury about what was happening. Liv is constantly seeking to calm him down but to no avail. He’s not having it.
“The date is August 10. Sean Zeisz says 'golly in your face in front of everyone. Send you home covered in p*** you rat c***'. These are messages now on August 12. 'You fat ugly rat. s***ing him for weeks. Watch, your t**s are getting it. Gonna cut your t**s off'. Five days before ashley’s killing. 'Probably speak to all rats you *advertiser censored**ing little rat'.
“There was to be no cooling of the rage SZ was in. He was sending message after message demonstrating his state of mind. Those messages are profoundly distributing. Ian Fitzgibbon said his view was they were each as bad as each other. The lie is revealed in those messages.
“What is happening is that the Liv, Sean Zeisz relationship was what had maintained the truce. They had broken up in circumstances of quite extraordinary rancour.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

16:15KEY EVENT

' If there’s only one message you think about, this is an important message to think about'​

“Let’s return to the messages Ashley was exchanging with her friends. We will play this short voice note. The increase in tension is entirely obvious. Ashley speaks of her terrible anxiety.
Voice note dated July 28: “Had terrible anxiety yesterday. Me and Lee have said we’re not speaking about any madness. We’re just being as positive as we can.
PG: “On July 30, just three weeks before her death, A had an exchange of messages with her friend Lydia. Liv seeing Dusty isn’t she. She been caught so all madness been happening this week. There’s been murder again, Branch saying he was coming down and that on Tuesday, but he never came.' When we submit Liv and Sean Zeisz’s relationship was what was holding the truce, this was not some theory. This was the take on the situation of Ashley at the time. 'It’s half brought everything to to surface everything with him (Barry) and Lee.'
“Ashley gives a summary of what had happened at Glastonrbuy. 'Liv found out he’d been cheating on her again. Zest ended up fighting with Dust at Glastonby. They split up when they got back home.' Ashley is recalling what Sean Zeisz had done to Liv. He’s took all Liv's clothes and put her tyres down the night Rikki died.
“On July 31, Ashley had an exchange of messages with her friend Charl. This is the first reference we get to the discharge by Dusty of a firearm on the day of the balloon release for Rikki. There’s an important message in which Ashley predicts the dispute is going to end up in a bad way, as we suggest in fact happened
Voice note played: “There’s been heavy beef with that Branch for years. One of them is gonna ended up in a bad way. It’s gonna be bad. It’s heavy. It’s scary to be honest.”
PG: “There’s heavy beef says Ashley with that Branch, been heavy beef with that Branch for years. If there’s only one message you think about, this is an important message to think about when you consider what was behind the decision to go to the house of Lee Harrison and discharge a firearm. There had been heavy beef for years, one of them is gonna end up in a bad way. It’s heavy. It’s scary.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

www.liverpoolecho.co.uk

 

[Legally Bland]

16:29DANIEL WINDHAM

'James Witham plays no part at all in Ashley’s reporting'​

“The following day, August 1, Ashley had an exchange of messages with her friend Mol. Ashley explains her anxiety again about something happening. 'I can’t be *advertiser censored**sd with it. Don’t want have to go to Lee’s funeral next. I have a bad feeling with everything. It’s horrible. Me hearts in me mouth constantly. Proper stressed all the time. Me nerves are gone when I’m out in the car with Lee, feel like I’m looking over my shoulder all the time.' Who did she fear she might see over her shoulder? James Witham or Niall Barry? The answer is obvious.
“Just over two weeks before her death, Ashley had an exchange of messages with Sophie.
Mr Greaney asks for the voice note to be played: “It’s just giving me bad anxiety. I just feel like i’m constantly worrying and something’s gonna happen. He’s being threatened by Branch. Is he gonna end up doing something to Lee? I couldn’t cope with that. He was saying he was coming down on Tuesday. He never came down. I know if they see each other or Branch goes this funeral. Branch is just popped out the woodwork now'.
“She refers, not for the first time, to this threat that Niall Barry had made to come down. The Tuesday on which Niall Barry had threatened to come down was July 26. We know there were a number of messages and calls with Witham, Lee Harrison and Niall Barry that day. On any view, even on the account of Niall Barry, during the course of those messages Niall Barry threatened Lee Harrison. We suggest the evidence demonstrates the threat was to do Lee Harrison serious harm with a firearm.
“There’s discssuon about the funeral. 'Branch gets wind that you’re there, he turns up outside with a thing and all that'. That’s Ashley demonstrating her belief, which in fact is accurate, that Niall Barry had access to firearms.
“'All proper doing me head in. I’ve got a bad feeling about everything. I don’t even know what to do.
“I can’t believe Dusty went and done that', a reference to the discharge of the firearm. 'They were blaming Dusty and that. You can’t blame someone for doing that to themselves. That was something that contributed to it, what happened on Instagram.'
“There’s an important passage that indicates people thought Lee Harrison had been involved in the discharge of that firearm and speaks with Ian Fitzgibbon having been out with Sean Zeisz at the time.
Voice note: “Lee’s saying it weren’t him. I hope people don’t think it’s Lee. Branch weren’t there, it was only Zest and Ian. Lee speaks to Ian. I just don’t even know. Now Ian’s out with Branch. In Glasto he was saying to Lee, I’ve got a blade here if he comes near you. The whole city is just so fake. It’s unbelievable how fake the city is.'
Mr Greaney next refers to a massage sent by Ashley on August 6: “Ashley was reporting Dusty had discharged a firearm and said 'tell Zest that’s for him. It’s *advertiser censored**ing heavy.' What was heavy was the dispute between Sean Zeisz and Niall Barry on the one hand and Lee Harrison on the other. Firearms were involved and were being discharged.
“James Witham plays no part at all in Ashley’s reporting. That’s because he’s a foot soldier, there to do as Niall Barry says. Niall Barry is the one driving the dispute, controlling what is happening and making A fearful that something bad is happening and she would even end up at Lee Harrison’s funeral.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

www.liverpoolecho.co.uk

 

[Legally Bland]

16:33DANIEL WINDHAM

"It makes for powerful listening. We know what was to happen to Ashley”​

Mr Greaney asks for another of Ashley’s voice notes to be played to the court, saying: “It makes for powerful listening. We know what was to happen to Ashley.”
In the voice note, Ashley says: “Lee can’t be arsed with murder. I’ve had to say, you need to tell me everything. You have got to prepare me for the worst. I’ve got to know what could happen. I know Lee doesn’t want this. He said if Branch comes to me, I would squash it. I don’t want murder with him. He’s not worth me ending up in jail or wherever, worse. I don’t want this murder to be happening. Lee lost everyone because he stayed with Liv, because Liv was in hysterics on the floor. He’s come and got me from the bar. I didnt even know what happened. Someone said I’m sure Liv’s fellas just been smacked there. Lee’s ran over and been like Liv’s crying and that. Five minutes later Zest popped up with a fire extinguisher in his arms. Lee half tried to keep the peace. Dusty just got himself involved for no reason. Dusty and Zest seen each other after it happened and nothing happened. But then Liv got seen walking with dusty. By Liv going and seeing Dusty, it’s brought all this on. I’m not saying it’s her fault, but if she wouldn’t have went and seen Dusty all of that wouldn’t have happened. The Branch situation with Lee is a totally different story. That Liv has went and seen Dusty has half aggravated the Branch situation. Now branch is on his high horse and Lee’s got dragged back into it. I don’t reckon Lee would have had that further murder. Branch wouldn’t be saying he’s coming down the estate. The night it happened she said this is all my fault, I was the peacemaker.”
PG: “It gives an insight into what was occurring. 'I’ve had to say you need to be honest about everything, you need to tell me everything. You've half got to prepare me for the worst. I need to know what could happen'. It’s clear Ashley had encouraged Lee Harrison to tell her what was really going on. The Branch situation with Lee is a totally different story, the fact Liv has went and seen Dusty has half aggravated the Branch situation. She was with Zest, she’s my mate, Lee’s mates with Zest. That’s why nothing really happened. Now Liv's not with Zest he’s like *advertiser censored** her and *advertiser censored** anything she cared about. Zest's obviously thinking well *advertiser censored** Lee'. Ashley is explaining with clarity how the relationship with Sean Zeisz and Liv had maintained that peace. Now that peace was over, because their relationship was over.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Legally Bland]

16:44DANIEL WINDHAM

Jury to return tomorrow​

Mr Greaney refers to a message sent by Ashley to “the Birds” WhatsApp group on August 10.
In it, she says: “Not being funny, you’re meant to be my mate and my fella hasn’t come'. That’s to the wake. Because he’s, Branch, saying he’s going to shoot him. That’s what the prosecution alleges was the plan on the night of August 20 to 21. To shoot him.
“There had been a major dispute between Niall Barry and Lee Harrison about three years earlier. For a period, peace had been maintained. It was uneasy peace, but peace nonetheless. That peace had been broken by the split between Sean Zeisz and Olivia McDowell. An awful split. That had unleashed Niall Barry, whose antagonism towards Lee Harrison had festered for years. Now, there was no need for the brakes to be on. The temperature in an already heated situation was raised by the fact Liv started to see a Hillsider and Rikki took his own life in circumstances in which Dusty was believed to have bullied him. Then Dusty discharged a firearm near to the home of Rikki Warnick.
“You can be sure what lies behind what happened on what happened on the 21st is the dispute between Niall Barry and Lee Harrison. We’ve seen how that was playing out in Ashley’s own words. She was feeling something bad was going to happen. Lee Harrison was going to end up dead. The attack on 40 Leinster Road was not caused by horrible things Lee Harrison did to James Witham. the attack at Leinster Road was caused by Niall Barry’s hatred of Lee Harrison, the fact that it was unleashed by events at Glastonbury and the support Sean Zeisz and Ian Fitzgibbon added.”
Mr Greaney sets out “what tomorrow will bring”
“I will turn to set out the prosecution case against each of these six defendants. Now you’ve heard the evidence, inc the evidence of the defence. My expectation is I will conclude my address by the morning break. Probably within an hour, an hour and 15 minutes.”
Justice Goose asks the jury to return at 10am tomorrow.

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

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[Alyce]

From Legally's reporting above.....

A witness can tell the truth about one thing while lying about many others


Wonder if Mr Prosecutor will have this line quoted back to him by any of the Defence Counsel

 

[elliefant]

From Legally's reporting above.....

A witness can tell the truth about one thing while lying about many others


Wonder if Mr Prosecutor will have this line quoted back to him by any of the Defence Counsel

I wondered the exact same thing! Could make for some very selective thinking.

 

[bobbymkii]

From Legally's reporting above.....

A witness can tell the truth about one thing while lying about many others


Wonder if Mr Prosecutor will have this line quoted back to him by any of the Defence Counsel

Prof. Cooper will definitely be quoting this back to him! In fact, since I'm on such a good run of predictions I'll predict his exact reposte will be "Mr Greaney believes a can tell the truth when it suits his case, but when it doesn't suit his case, that means he must be lying!"

He actually started rebutting Cooper's entire closing speech, before it has even been made. I'm not sure that's a sign of confidence in the case against IF.

Another part of his speech so far that will definitely be quoted back to him is the part where he describes the evidence of NB's control over JW as "overwhelming." Rich Pratt and Stan Reiz will be jumping all over that line for sure!

 

[Legal]

Thinking about it though, if one of the conspirators knew, all of them must have. How can it not be the case? 3 blokes calling to find out if anyone's been shot and IF calling at the same time, while sat in the flat with the others, but only to see if they were coming back to watch the fight? They must have heard each other's conversations in the flat - they've admitted it was small. I think they will all be found guilty of murder.

 

[Legally Bland]

10:12JONATHAN HUMPHRIES
'Footsoldiers' and 'organisers'
Mr Greaney rises to continue the prosecution closing speech.

PG: “Yesterday, as you will recall, we addressed the background to and motive for the murder of Ashley. Today, what we will do is turn to set out in headline form the prosecution case against each of the six defendants. First we will deal with the foot soldiers, James Witham and Joseph Peers.”

Mr Greaney says: “You should consider the case of James Witham first.”

PG: “After that we will deal with the organisers, with Niall Barry, with Sean Zeisz and with Ian Fitzgibbon. Finally we will deal with Kallum Radford. He has remained in the dock throughout the trial. He’s declined to enter the witness box. The fact he has kept such a low profile doesn't mean he can avoid your scrutiny. The charge he faces is not so serious, but what he did was serious. His actions threatened to harm the prospects of the others being apprehended and prosecuted. It threatens the very integrity of our system. The evidence demands that there will be a conviction.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

www.liverpoolecho.co.uk

 

[Legal]

This should be interesting today!

 

[Legal]

That's Witham done. No doubt about it, brilliant closing speech. Four more to go.

 

[Legally Bland]

10:16JONATHAN HUMPHRIES

James Witham's evidence 'was a disaster'​

Mr Greaney says: “First James Witham. You have seen very recently James Witham giving his evidence from the witness box. Your own reaction to him, your own judgements about him and the evidence will be very fresh in your minds. The evidence of James Witham was, we suggest, a disaster for his own case and for the cases of his co accused. That’s for the simple reason he told the most obvious lies and he patently did so both in an attempt to secure the lowest possible sentence for himself and seek the escape of the other defendants from this trial.
“There are four particular areas we will invite you to focus on. The first is this. As recently as August this year, just three months ago, James Witham was intending to come to this trial and claim to you he was completely uninvolved in the murder of Ashley Dale. he had even determined to advance an alibi, maintaining he was at home at the time of the attack on Leinster Road. He was prepared to tell you lies of an extreme nature. He knew he had killed Ashley. he was going to come to this trial and say ‘nothing to do with me’.
“Of course, people may tell lies for many reasons, but let me be clear what the prosecution case is. James Witham was telling those lies to you because he hoped to get away with killing Ashley. it’s as simple as that. He wanted to get away with killing Ashley. He hoped he would be able to walk away a free man. That was his end game in August. James Witham only acknowledged the killer when it became obvious to him he could not deny it. His DNA was found on a bullet in the house, his footprint was on the door that was forced open, the car he was using had been caught on CCTV. He simply realised had no choice but to admit he was the killer.
“Since then James Witham has sought to admit the very least he can. Moreover, he has sought to be a fall guy for the other defendants. James Witham has told lies to conceal the full extent of his own wrongdoing, to secure a better outcome for himself and to help the other members of his gang. In short he has lied because he is guilty and the other defendants are too.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

www.liverpoolecho.co.uk

 

[Legally Bland]

10:24JONATHAN HUMPHRIES

'Niall Barry was James Witham's boss'​

Mr Greaney: “That’s the first area we invite you to focus on. Secondly, James Witham has sought to do that - secure acquittals for the other defendants - because he is a subordinate of Niall Barry. he works for Niall Barry. you only needed to listen to his answers on Wednesdays to the questions of Mr Reiz to realise that. I do not criticise Mr Reiz at all, but what you saw was James Witham just agreeing over and over again with things that he knew Niall Barry wanted him to agree with. You heard without the slightest prompting from me, regular speeches to you about the men in the box being innocent. Did you think that was real or James Witham laying on very thick the proposition those in the dock expect him to advance?”
“James Witham went on to maintain he had bought the Kyle Line from Niall Barry and he was the boss of the Kyle Line. he appeared to suggest NIall Barry was his gopher, his joey. He had no answer to the following facts. In a county line, the handset is key. The handset is the business. Without the handset you don’t have the customer and you don’t have the business. Niall Barry repeatedly said the handset was his. He had it with him at the Formby Hall Hotel as he planned to flee the country. It’s beyond any sensible argument that Niall Barry was the operator of the Kyle Line and James Witham worked for him in that enterprise. “Him saying he was the boss of that line, James Witham, is lying. He’s lying to take the heat off Niall Barry.
“James Witham drove Niall Barry to Glastonbury and stayed in a room with him. With them, two bags. One of the bags was on any view James Witham’s. Both he and Niall Barry agree with that. The ownership of the other we’ve seen Niall Barry carrying, the ownership is in dispute. If what James Witham and Niall Barry say is true it means James Witham went to Glastonbury with two bags and Niall Barry went with no bag. Does that seem likely to you? Why did Niall Barry have the bag that contained the knife both at Glastonbury and the Formby Hall Hotel? Why was Niall Barry’s passport in the bag along with his clothing unless it was his? Is it not a coincidence there was a knife in the bag when NB was seen at Glastonbury with a knife and even on his own case threatened to stab people up? The only sensible conclusion is the bag was Niall Barry’s and the knife was Niall Barry’s.
“James Witham told the police at Glastonbury the knife is mine. In circumstances in which all logic demonstrates it was Niall Barry’s. Here again is an example of James Witham taking the fall for Niall Barry. Similarly, in relation to the Audi, James Withamsaid that car was mine. What does the evidence reveal? Niall Barry made repeated attempts to sell that vehicle, including by some complicated lottery scheme involving Sean Zeisz. there’s not the slightest hint that Niall Barry was anything other than the owner of that vehicle. Niall Barry was the one who made attempts to insure the vehicle and the one who chased up the procurer of the insurance policy. There was not the merest hint that Niall Barry was anything other than the owner. There is not a single message that suggests James Witham owned that car. You can be sure we submit.. James Witham again was seeking to take the heat from Niall Barry. That’s because we suggest that Niall Barry was his, James Witham’s, boss in an organised crime group involved in drugs, guns and ultimately murder.
“Then, when the Audi was part exchanged for the Hyundai, who was pulling the strings? The evidence reveals with clarity it was Niall Barry. Niall Barry rings David McCaig, and very shortly after David McCaig is in touch with Brian Gowland to source that vehicle. You will remember the evidence of the false plate deployed on the Hyundai. Niall Barry was the one recording the details of a false reg mark for use on the Hyundai and actually used on the Hyundai. That message was on the Kyle Line phone Niall Barry had possession of when he was arrested and accepted was his. Niall Barry was the one taking steps to obtain false plates that would disguise the ID of the vehicle as drugs and money were moved around the country and at the time it was driven to Leinster Road to enable Ashley to be killed.”

Ashley Dale murder trial as it happens

The 28-year-old was shot dead at her home on Leinster Road in Old Swan

www.liverpoolecho.co.uk