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

[Legally Bland]

12:38JONATHAN HUMPHRIES

Niall Barry fell out with 'Hillsiders group'​

The jury are told of messages between Ashley and her friend Sophie on July 3.
S; “Branch is out for Lee isn’t he. There’s been murder?
AD: “Just still over the murder a few years ago when they fell out. Branch is back on his high horse. Dunno where he’s popped back up from. He was in glasto. Pulled a big knife out to Ian Fitz and said where’s Saz he’s getting stabbed up.”
Sophie: “Omg what the hell….“is that over when he got robbed?”
A: “So like if ye gonna do something it’s been three years. Yeah
S: “I don’t know the full story, I just heard years ago the hillsiders robbed him. But like why not do something about it three years ago
A: “Lee never took his side and they was best mates but Branch had been bumping Lee for ages saying he owed so much when he was putting stuff in the work so really he owed less and less used to answer all the phone so all the running round so Branch was taking the piss out of Lee.
“He was threatening to come here but he never come like.”
S: “Don’t lie heavy that”
AD: “Then he just disappeared for years and now someone’s obv rattled his cage. It’s scary cos he’s on some pure rampage
S: “Obviously Lee is with the hillsiders. So like is Branch going to take them all on on his own. Cos Zest won’t back him up
AD: “Thats What Lee is saying that’s why he hasn’t really done anything cos he knows Lee has everyone backing him and they aren’t assed.”
S: “Thats just all madness. He’s horrible him. He used to just knock me sick. Freak.”
Mr Greaney: “We discover the following among other things from this exchange between the two friends: a. First, that Branch is “out for Lee” and that Ashley’s “nerves are gone over it all”; b.
"Second, that the current problem was all over “the murder a few years ago when they, Niall Barry and Lee Harrison, fell out”. Third, that Niall Barry had disappeared in the aftermath of that issue, but had recently turned up back on the scene and, as Ashley described it, was “on some pure rampage”; Fourth, that whilst at Glastonbury, Niall Barry had produced a big knife to Ian Fitzgibbon and said, “where’s Saz, he’s getting stabbed up”.
"Saz, you will recall, is the nickname of Lee Harrison, Ashley’s boyfriend.. Fifth, that Lee Harrison was “with the Hillsiders” and had a lot of backing. The reference to “Hillsiders” was plainly a reference to a particular group within Liverpool.”

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[Legally Bland]

12:43JONATHAN HUMPHRIES

Niall Barry 'had knife in bag' at Glastonbury​

Mr Greaney refers Ashley Dale describing Niall Barry having produced a knife.
He says: “It seems that whilst attending Glastonbury, Niall Barry stayed at a pub with rooms not far from where the festival was taking place. The pub was called the Pig and Wheel and he stayed there with five others, including James Witham, the man who shot and killed Ashley. On the morning of Saturday 25th June, Niall Barry and James Witham were in a taxi, travelling from the Pig and Wheel towards the festival.
"Uniformed officers stopped the vehicle they were in. In the rear of the taxi, along with Niall Barry and James Witham, was a holdall. Officers searched the holdall and, within it, they found a passport in the name of Niall Warner. Warner is the surname of Niall Barry’s father. So, in other words, the officers had found Branch’s passport in the holdall. In the bag, they also found a knife.”
The jury are shown a picture of the knife and the passport;
PG: “The knife was a flick knife. The handle had a button on the side which, when moved forward, released a serrated knife blade that was three inches in length. The blade remained in position until the side button was moved back again.
“The position of the prosecution is that Niall Barry is plainly associated with the bag in which this knife was found. The bag was found alongside him in the rear of the taxi, although also alongside James Witham, and it contained his passport.
"The prosecution suggest that what this finding by the local police demonstrates is that whilst at the Glastonbury Festival, Niall Barry had access to a knife. In turn, that provides support for the report, made by Ashley in her message to Sophie on 3rd July, that whilst at Glastonbury, Niall Barry had produced a big knife to Ian Fitzgibbon and said, “where’s Saz, he’s getting stabbed up”.
“There is one additional thing that it is relevant to draw to your attention in relation to the events of 25th June. We explained that Niall Barry and James Witham were two of a group of six who stayed together at the Pig and Wheel. The six had travelled there in two vehicles.
"We will invite you to focus on the registration mark of one of those vehicles at this stage. The registration of that Audi is RIG 6316. The plate will not mean anything to you at this stage, but it will in due course. This is the vehicle that was part-exchanged for the Hyundai that was used by the killers on the night of 20th to 21st.
"This is one of the vehicles that Niall Barry, his group, travelled to the festival in. It is part exchanged for the Hyundai used in the attack.”

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[Alyce]

12:46Jonathan Humphries

Death of Rikki Warnick​

Mr Greaney turns to events on Thursday, July 21.
PG: “Shortly before 10.30 pm that night, officers of British Transport Police responded to reports of a body on the line at Huyton railway station. They discovered the body of a young man called Rikki Warnick. Sadly, Rikki had taken his own life. He was aged 26 at the date of his death and was plainly regarded with much love and affection by his friends in Liverpool.
"News of his tragic death spread quickly. By the next morning, Ashley’s group of friends was exchanging messages about it.
“Why have we mentioned Rikki’s death? We have done so because it represents an important point in the events leading to the plot to murder Lee Harrison and to the killing of Ashley. In particular, in the aftermath of Rikki’s death, a number of commemorations of his life served to operate as pressure points, causing the feud to increase further in temperature. We will get to that shortly.”

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[Alyce]

12:50Jonathan Humphries

Sean Zeisz "eaten up" by Jordan Thompson "getting on" his girlfriend​

Mr Greaney continues: “Before we do, we will deal with an exchange of WhatsApp messages at this time between a number ending 7121 and a person going by the name ‘Edward Scissor’. The prosecution case is that ‘Edward Scissor’ is a name that had been adopted by Sean Zeisz on WhatsApp. The content of the messages permits of no other sensible conclusion.
“Furthermore, in due course we shall look at messages sent by Edward Scissor to Liv McDowell. They make any suggestion that Edward Scissor is not Sean Zeisz, if he makes such a suggestion, incapable of belief.
“As for the other side of the conversation, the prosecution case is that at the relevant time it was is used by Niall Barry. The evidence of this is overwhelming: the number relates to a handset that was recovered from the car of Lucy Worley - Niall Barry’s girlfriend - following Niall Barry’s arrest.
Niall Barry had sent a photograph of himself next to a swimming pool to Sean Zeisz from that number and the context of the messages demonstrates that the user is a close friend of Sean Zeisz – so it is perfectly obvious that the sender of the messages we will be looking at was Niall Barry not Lucy Worley.
“These messages were between Sean Zeisz and Niall Barry, between Zest and Branch.”
On July 16, Barry sent a picture of himself beside a swimming pool to Zeisz. The jury are shown this picture, and a selfie of him and Joseph Peers.
PG: “Various other messages were exchanged between the two men and then, on 20th July, Sean Zeisz - Edward Scissor - turns to an issue that is plainly eating him up. At 8.41pm Sean Zeisz says: “Dusty been getting me bird lad, how sick is that”.
PG: “It is clear that Sean Zeisz is referring to the fact that Liv McDowell, as he understands it, has developed a relationship with Dusty in the period since the events at Glastonbury and he regards that as “sick”. Almost immediately, Niall Barry replies, “Ya lien to me.”
“Sean Zeisz then replies to that: “Rat isn’t she”. The conversation picked up again on this subject on the morning of 22nd July, when it seems that Sean Zeisz became aware that Liv McDowell’s car was on the driveway of Jordan Thompson, Dusty’s, home.
“At 10.51am Sean Zeisz says to Niall Barry, “My bird car on dusty path”. He follows that almost immediately with, “Go smash the window screen now”. He asks where Niall Barry is, and then implores him to “smash her car up”, adding “asap”.
“At 10:52 Sean Zeisz continues to encourage Niall Barry to damage the car of Liv McDowell.
“At 10:53 Sean Zeisz expresses his concern about the death of Rikki Warnick, but then returns to the subject of “me bird sleeping in dusty’s”.
“Within the same minute, he refers to another person having stabbed the tyres of Liv
McDowell’s car previously and tells Niall Barry that he wants the car “smashing up … I do anything for someone to smash that”.
“At 10:55 Niall Barry replies expressing his disbelief that Rikki Warnick is dead and stating in respect of the request to damage Liv McDowell’s car, “I’ll try n get sum 1 to grab me now Davo or sum 1.”

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

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[Alyce]

12:52Jonathan Humphries

Ashley voice note speaks of "terrible anxiety"​

Mr Greaney: “What does this exchange of messages show? The prosecution suggest that what it shows is the depth of the anger felt by Sean Zeisz about his humiliation at Glastonbury, and his determination to bring Niall Barry into the response.
“The Crown suggest Niall Barry was more than happy to join in because of his long-standing feud with Lee Harrison.
“From there, we will pick up the events in this situation of developing tension on 28th July, a week later. We will do so by listening to a voice note that Ashley sent to Liv McDowell.”
In the voice note, Ashley says: “Had terrible anxiety yesterday. Terrible anxiety. I’ve just thought try and not speak about the madness. Try and bring positive vibes and energy to the house, just be as positive as we can dya know what I mean? Me and Lee have said literally we’re not going to speak about the madness.”
PG: “It represents an important piece of the jigsaw. The important thing to note is that Ashley speaks about having had “terrible anxiety” the day before. The day before had been Wednesday 27th July, and we will learn soon what had happened on the late afternoon of Tuesday 26th July to generate that degree of worry on Ashley’s part. But in short, Branch, Niall Barry, had threatened to come to her home.”

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

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[Alyce]

12:58Jonathan Humphries

Ashley 'anxious' about attending Rikki Warnick funeral​

Mr Greaney continues: “Before we get to that, we will deal with 30th July. That was the day of a balloon release to commemorate the life of Rikki Warnick. On the lunchtime of that day, Ashley had an exchange of text messages with her friend Lydia.”
AD: “We’re not even going that thing for Rikki today. Just all drama with Zest and Branch and that Lyd, cba. The funeral is wednesday, we’re only going the crem i think.”
AD: “Liv seeing Dusty isn’t she she been caught so all madness been happening this week and then coz Branch speaks to Zest its half brought everything to the surface. There been murder again, Branch saying he was coming down.”
Lydia expresses disbelief and asks why Lee Harrison is being “dragged into” the situation.
Ashley replies: “Half just cos Lee is mates with Dusty really but it’s a mad situation. Lee speak to Zest. Everyone's fake. I’ll go the crem.
L: “Its nothing to do with lee why are they dragging him into it.
A: “A few of us might just get together somewhere else for Rikki rather than going Ten Streets. She found out he been cheating on her.
L: “Thats heavy thats not what Rikki would want everything having murder in his funeral
A: “He’s took all Liv clothes and put her tyres down
A: “Thats what all the murder was over in Gllasto. Cos he still spoke to Branch and everyone was like arguing with him cos of it.”
Mr Greaney: “A good deal falls out of this exchange of messages. Ashley talks again about the “madness” that has been occurring since the return from Glastonbury and explains that, as a result, she and Lee Harrison are not going to “that thing for Rikki today”, which in context is a reference to the balloon release in memory of Rikki.
“She was saying that she and Lee Harrison were not going because of the situation, the madness as she put it.
“Second, Ashley reports that Branch speaking to Zest was a substantial cause of bringing everything to the surface with Niall Barry and Lee Harrison. In that regard, she added “… there(s) been murder again, Branch saying he was coming down and that on Tuesday but he never came”.
“Tuesday will have been Tuesday 26th July, to which we have just referred and we will get to the events of that day in a moment. “Third, Rikki’s funeral had been arranged for the following Wednesday, 10th August.
“There was to be a service at the crematorium, followed by a wake at a bar called the Ten Streets Social and Ashley was anxious about which part of those events she and Lee Harrison could go to, given the tension.
“And fourth, Ashley makes clear that the immediate cause of the problems she is experiencing dates back to Glastonbury and the events concerning Dusty, Zest and Liv. Sean Zeisz had been associating with Niall Barry and that was the trigger for the problems.
“Fifth, finally, Ashley reports that Sean Zeisz had taken action against Liv McDowell as a result of, as he perceived it, being abandoned at Glastonbury. That had included taking her clothes and letting down the tyres on her car. You will remember that on 22nd July, Sean Zeisz, in his persona of Edward Scissor, had told Niall Barry about damage being caused to Liv McDowell’s car – so Ashley’s report was undoubtedly accurate.”

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

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[Alyce]

13:03KEY EVENT

Ashley Dale 'believed threat was coming from Niall Barry'​

Mr Greaney continues: “We have mentioned the events of Tuesday 26th July a number of times now. As you will recall, Ashley had reported that Niall Barry had threatened to ‘come down’ to her home that Tuesday and that she had experienced ‘terrible anxiety’ the following day.
“What had happened that Tuesday, just under four weeks before Ashley’s murder? During the late afternoon of 26th July, a series of contacts by phone took place between Niall Barry, Lee Harrison and James Witham.
“Between 4.46 pm and 4.47 pm, James Witham made three calls to Lee Harrison. The first lasted for 34 seconds, and so may represent actual communication. Niall Barry then calls James Witham at 4.52 pm and there is plainly actual contact, because the call lasts for five minutes 25 seconds. During the period of that call, Lee Harrison attempted to call James Witham, then sent him three texts, the content of which has not been recovered. He was obviously responding to the earlier call of James Witham – remember, he was to become the gunman.
“At 4.58 pm, importantly, Niall Barry made contact with Lee Harrison and there was communication between their phones lasting for three minutes and 12 seconds. Those are two men who are in dispute, and yet there is contact between them on July 26. That call will have ended at 17:01:25. Whatever was said in that call triggered a reaction from Lee Harrison. 40 seconds later, at 17:02, he contacted or attempted to contact James Witham first by voice call and then by text. At about the same time, Niall Barry also attempted to contact James Witham.
“The attempts by the two men to contact James Witham continued until 17:04 when James Witham first attempted to call, and then sent two text messages to Niall Barry.
“Within 20 seconds of receiving that second text message, Niall Barry called James Witham and there was contact between their phones lasting for three minutes and six seconds. Lee Harrison then attempted to call James Witham, following which he sent him a text message.
“This chain of contact and attempted contact continues and ends at 17:10, when Niall Barry again calls Lee Harrison and there is contact between their phones lasting for 36 seconds. A flurry of contact almost bookended by contact between Saz and Branch. These two men are in dispute. What had happened her?
“The prosecution case is that what had happened here is that, just as Ashley had reported to her friends a number of times, Niall Barry had made contact with Lee Harrison, menacing him and threatening to come down to 40 Leinster Road. Even though, in the result, he had not come down or, on this occasion, dispatched anyone else, this had been sufficient to cause Ashley “terrible anxiety.” When you consider who was behind the attack on 40 Leinster Road on 21st August, you should bear in mind where Ashley Dale believed the threat was coming from in late July 2022, just three weeks before her death. She believed the threat was coming from Niall Barry.”

Ashley Dale murder trial live updates as prosecution opens case

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

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[Alyce]

Sean Zeisz "in a rage" with Olivia McDowell​

Paul Greaney, KC, prosecuting, continues his opening and returns to the mobile phone evidence.
Ms McDowell’s phone was seized and “reveals messages from a person recorded in her device as Edward Scissor”, said to be Sean Zeisz.
PG: “The overall context of these two sets of messages demonstrates beyond any sensible argument that Edward Scissor is Sean Zeisz.”
Referring to messages sent in the late afternoon of July 29, he says: “We see Sean Zeisz calling Liv McDowell a “*advertiser censored**ing little tramp” and “vomit”, and threatening that people will “batter” her.
PG: "We need to be clear about why we are introducing this evidence about Sean Zeisz. Its relevance is simple. It shows the rage that Sean Zeisz was experiencing as a result of his humiliation at Glastonbury. That was a rage that the prosecution suggests was focused on Liv McDowell and on those she had associated with following the attack upon him, and with whom she continued to associate, those people including Lee Harrison and Ashley Dale.”



14:23Jonathan Humphries

"U choose ur side"​

Mr Greaney continues: “The message of Sean Zeisz at 4.56 pm reads, 'U choose ur side'. In context he plainly meant you have chosen your side. So here again, this time in Zest’s own words, we see the conflict revealed and the clear indication that sides have been taken in what on any view was now a dangerous feud.
“In this trial, we understand that the position of Sean Zeisz will be that the prosecution has overstated the importance of the events at Glastonbury and exaggerated his response to them.
"When you consider that suggestion, if it is made, bear in mind these messages that you’ve just seen on the screen.. There are other messages that we will not look at now but we will look at during the trial, including one in which Sean Zeisz threatens Liv McDowell that, to use his own words, he will 'cut ye t**s off'. It will be for you to decide, on all the evidence, whether the prosecution is engaged in a misunderstanding or exaggeration of Sean Zeisz’s reaction. Our position is that we most certainly are not.”



14:28Jonathan Humphries

'Heavy beef'​

Mr Greaney now plays voice notes between Ashley and a friend called Charlotte, recorded on July 31.
Ashley says: “I can’t even be arsed with it all to be honest I have just said I can’t be arsed with anyone by ours....It’s heavy. It’s just all a joke. Lee’s saying he’s not going the wake, he’s only going the crem and getting off.”
“Branch and all that were there. There’s been heavy beef with that branch for years. It’s heavy like. It’s scary to be honest...It's like if Lee sees him it's going off.. one of them is probably going to end up in a bad way. I cant believe branch has popped out the woodwork and been that thing last night.”
Ashley sends a picture of Barry and 'Zest', with Barry shown doing a peace sign.
Charlotte replies: “Absolute carnage. It’ll be murder at the funeral.”
Ashley replies in a text: “ Deffo gonna be murder I can’t be assed with it me.”
Mr Greaney tells the jury: “Once more, a number of themes emerge out of this exchange. First, there is concern about what will happen at Rikki’s wake.
“Second, there had been to use Ashley’s phrase “heavy beef” between Niall Barry and Lee Harrison for year and it was going to reach the point where “probably one of them is gonna end up in a bad way.” Please keep that particular concern, expressed by Ashley, in mind throughout the course of this trial.
“Third, Ashley was scared that “Branch has popped out of the woodwork” a phrase she uses a number of times in her messages.
“Fourth, Ashley sent the photograph we have seen already to Charl, along with a message that, if there was any doubt about it, clearly identified Niall Barry as Branch and Sean Zeisz as Zest.
“These messages between Ashley and Liv and Ashley and Charl took place on 31st July. As of that date, Ashley was just three weeks from her death.

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

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[Legally Bland]

14:33JONATHAN HUMPHRIES

'I don't want to go to Lee's funeral next'​

Mr Greaney says: “The following day, 1st August, Ashley exchanged a series of text messages with another friend, Mol, about Rikki’s funeral. It is not necessary for us to look at all of these messages at this stage, but a number of the messages serve to illustrate Ashley’s concern about the ‘beef’ between Niall Barry and Lee Harrison.”
The messages are played on the court screens. Mol says: “Gonna be mad vibes”
Ashley replies: “Branch was at the balloon release on Saturday with Zest. Can’t believe it he just crawled out the woodwork. If he goes what’s gonna happen yano what i mean. I cba with it. Don’t want to have to go to Lee’s funeral next. Just had a bad bad feeling about everything Mol. It’s horrible me heart’s in my mouth constantly. Feel like I’m looking over my shoulder all the time.”
She says Lee Harrison says he is “not scared of Branch.”
PG: “As you have just seen, Ashley referred in this exchange to the fact that Branch had attended the balloon release with Zest, stating that he (Branch) had 'crawled out of the woodwork'. Ashley expresses her anxiety about the situation: “I just have a bad feeling about everything Mol. It’s horrible. Me heart’s in my mouth constantly.”

14:37KEY EVENT

Jordan Thompson 'fired gun' near home of Rikki Warnick​

Mr Greaney continues: “In the period between 1st and 6th August, Ashley exchanged further messages with her friend Sophie. They reveal Ashley’s increasing anxiety about the situation, which she clearly feels is deteriorating. Over this period, Ashley speaks of a series of important things. They include making clear once more that the current problems had as their trigger the attack on Sean Zeisz at Glastonbury and the fact that, in its aftermath, Liv McDowell had associated with Dusty [Jordan Thompson], Lee Harrison and Ashley.
“Messages refer to the fact that Dusty had, as he had confessed to her himself, discharged a firearm outside or near to the home of Rikki Warnick’s mother, so as to send out a message to Sean Zeisz. Ashley plainly, and understandably, regarded this as having increased the temperature in an already volatile situation.
“The messages references once more Niall Barry’s threat to come to her home on Tuesday 26th July, and her anxiety about that and about the situation concerning Niall Barry and Sean Zeisz more generally.
“The messages on 1st and 2nd August begin with Sophie expressing her disbelief about what has been happening. Ashley then replies with a series of voice notes. In them, she expresses her concern that Branch is going to do something serious to Lee Harrison and the anxiety this is causing her. She stated in these messages: “I have a bad, bad feeling about everything.” In these messages, the fact that a firearm had been discharged at or near to the home of Rikki Warnick’s mother was raised. We will listen next to a voice note sent by Ashley to Sophie on 6th August in which she reports what she has been told by Dusty, Jordan Thompson, himself about this event.”
Ashley's voice is played in court again. She says in her voice note: "Dusty should not have gone and done that outside Rikki’s. I got the proper story last night. Someone rang him and said Zest's in Rikki's. He’s flew over. People were saying he was with someone but he wasn’t. He was on his own. He’s actually said this to me himself.
"He probably was going to do something if he seen Zest. He’s totally in the wrong. Lee’s even kept him at arms length to be honest. It’s just heavy and that like. I just said you shouldnt have done it. It werent the place or the time. You were looking bad already and now you look even worse. He said he would have done something if he seen him coming out the house.
He said what he did was, he’s went over to them on a bike and let the thing off and went 'Tell Zest that for him'. After he’s done he’s went back over to the estate. Lee’s head was gone when he come in here that night. Lee’s rang me like i’m coming home, i’m never coming up here again. It’s *advertiser censored**ing heavy.”
Mr Greaney adds: "That message speaks for itself. Tell Zest that’s for him. You can well understand why Ashley thought that Dusty had done something disgraceful, and why she also thought this marked an escalation in an already difficult situation. As she herself said at the very end of that voice note, “It’s *advertiser censored**ing heavy.”

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]

14:41JONATHAN HUMPHRIES

Ashley attends Rikki Warnick's wake​

Mr Greaney says: “In the period that followed, in the lead up to Rikki Warnick’s funeral on 10th August, Ashley expressed her concern about the deteriorating situation in messages exchanged with her friends.
“For now, we will move forward to the day of Rikki’s funeral. It is clear from Ashley’s messages that she attended the wake at Ten Streets Social, and that Niall Barry did too.”
The jury are shown CCTV footage of a group of men including Barry, Fitzgibbon and Witham in Ten Streets Social alongside two men called David McCaig and Michael Kershaw. Peers was also in attendance.
Ashley also attended the wake.
Her friend Lois sent her a message saying: “Branch is here.”
Ashley replied: “Who with? Rat. Where is he?”
L: “Not sure, soph seen him
A: “Urgh *advertiser censored** off mate. Lee was like I might just come down, but I don’t want him to.”
L: “No, tell him not to Ash. Whats it worth yeno what I mean. It’s heavy.
A: “This is what am saying. He’s had a few drinks now tho.”
L: “Tell him girl.”
A: “And is like not thinking straight headed if you get me. Like he was sober before.”
L: “Have you told him.”
A: “Yeah just told him then he’s like who would Rikki rather have there. I was like I know that. Will u come outside and get me please girl. Like in one min. Lee saying don’t go in on me own just in case. Am pulling up outside now.”
L: “Am right here. At front. I haven’t seen him me girl.”

14:45JONATHAN HUMPHRIES

'Scene set' for 'terrible events' of August 21​

The jury are shown CCTV of Ashley Dale walking into the Ten Streets Social bar “just over 10 days before her death”.
Mr Greaney says: “Against that background, we will seek to draw some of the strands together before turning to the killing itself. The prosecution case is that the evidence reveals the following.
“First, Sean Zeisz was assaulted at Glastonbury. That seems to have happened, at least in part, because Sean Zeisz was speaking up for Niall Barry. Afterwards, Liv McDowell, the girlfriend of Sean Zeisz stayed with Dusty, associating with Lee Harrison and Ashley – or so Sean Zeisz believed. It is clear that Sean Zeisz associated Dusty with Lee Harrison, and therefore with Ashley Dale.
“Second, Sean Zeisz felt deeply humiliated as a result of what had happened and developed a deep antagonism towards those he regarded as being on the other side of the feud. On that other side of the feud were Dusty, Liv McDowell, Lee Harrison and Ashley.
“Third, Niall Barry weighed in strongly on behalf of Sean Zeisz in this feud. Furthermore, he had his own reasons for escalating matters because of an existing dispute between himself and Lee Harrison going back a number of years that was plainly of a serious nature. As you will recall, it was described as a “heavy beef”.
“Fourth, in the period of 55 days between the return of everyone from Glastonbury and the killing of Ashley Dale, Niall Barry made threats to and about Lee Harrison and he and Sean Zeisz behaved in a way that was, as they must have known, bound to increase the temperature in the situation by attending events connected with the death of Rikki Warnick.
“Fifth, Ian Fitzgibbon also became involved in these events, associating with the Niall Barry and Sean Zeisz side of the feud, even though he was the cousin of Liv McDowell. Ian Fitzgibbon was, as Ashley reported, the person to whom Niall Barry had produced a big knife and said, “where’s Saz, he’s getting stabbed up”. All of that set the scene for the terrible events of the night of the 20th and 21st of August.”

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]

14:54JONATHAN HUMPHRIES

'Niall Barry was in charge'​

Mr Greaney continues: “You will remember that earlier, we drew your attention to an Audi with the registration mark RIG 6316. That was one of the cars in which Niall Barry, James Witham and their associates had travelled to and from Glastonbury. In mid-August, that vehicle was part exchanged for a grey Hyundai car with the registration mark WL68 KKT. The Hyundai is significant, because it was the car from which the killers operated on the night of the 20th to 21st.”
Mr Greaney says Barry called Mr McCaig shortly after 11am on August 12, and Mr McCaig then phoned a man called Brian Gowland.
PG: “Brian Gowland was the registered keeper of a grey Hyundai with the registration mark WL68 KKT, in other words the Hyundai we are concerned with. Within 50 seconds of concluding his conversation with Brian Gowland, David McCaig telephoned Niall Barry, and there was contact lasting for 1 minute and 6 seconds.
“So what had happened here? The prosecution case is that Niall Barry had called David McCaig to sanction the acquisition of the Hyundai. David McCaig had then telephoned the owner of that vehicle, Brian Gowland, to confirm the purchase and then immediately afterwards contacted Niall Barry to say that he had put things in place.
What had been put in place, it is clear, is that the Audi would be driven to the Manchester area on 15th August and part-exchanged for the Hyundai.
“You will remember that we explained that the flat at 267 Pilch Lane was the base for operations on the night of the 20th to 21st August. Footage from CCTV cameras in the area of this flat reveals the events in and around that location on 15th August, the day on which Niall Barry’s group got their hands on the Hyundai.”
Mr McCaig arrived at Pilch Lane shortly before 1.30pm and entered the flat.
While there, he sent a series of text messages to Mr Gowland “plainly about the arrangements for the acquisition of the Hyundai”.
These texts read: “Yo mate u about today mad busy over weekend.
“Can get up to u if need me to mate.”
“Got loads on later you see”
Mr Gowland then replied giving a postcode and said: “let me no when on way”.
Mr McCaig and Witham left the address on foot shortly before 2pm, returning 40 minutes later in the Audi before entering the flat.
At 3.10pm, they left again and went to the car.
The jury are shown a map stretching from east Liverpool to west Manchester.
Cell siting data is plotted at several locations showing the “movements made” by Witham’s phone between the two cities.
Automatic number plate recognition technology also captured the Audi making this same journey to Manchester.
PG: “The irresistible inference is that James Witham travelled in the Audi. Given that he departed 267 Pilch Lane with David McCaig, given that David McCaig was the one in touch with Brian Gowland and given that James Witham and David McCaig later returned to the flat together, it is obvious that David McCaig was in the Audi as well.
“On the journey, David McCaig sent a series of further WhatsApp messages to Brian Gowland, updating him about progress towards Manchester. We can see those on the screen. David McCaig and James Witham appear to have taken the Audi to the car wash, and that they then went for something to eat.
“The prosecution case is that at some time after David McCaig’s message to Brian Gowland at 5.36 pm - were r ya mate - the exchange of the Audi for the Hyundai took place.
“Both before and after the vehicle exchange, Niall Barry was in regular touch with James Witham. What was happening here, suggests the prosecution, was Niall Barry performing the same organisational role that he had performed on 12th August and, furthermore, that he was to perform on 20th and 21st August. He, Niall Barry, Branch, was in charge.

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[Legally Bland]

14:57JONATHAN HUMPHRIES

Barry and Zeisz go to "look at Hyundai"​

Mr Greaney says Witham’s phone is then shown on a map making the return journey back to Liverpool.
ANPR reveals that the Hyundai also made this journey at the same time, with the Audi remaining in the Audi area. By 7.16pm, Witham and Mr McCaig had returned to Pilch Lane.
They left again 10 minutes later accompanied by Barry. The Hyundai was then driven along Pilch Lane before turning into Page Moss Lane.
CCTV shows Barry and Zeisz then walk towards Pilch Lane from that direction less than two minutes later.
PG: “It is clear they had at the very least been to look at the Hyundai.”

15:01JONATHAN HUMPHRIES

'Flying visit' to North Wales​

Mr Greaney continues: “We will turn next to 19th August, four days later. CCTV from the area of 267 Pilch Lane shows that the Hyundai was in and around 267 Pilch Lane from about 11.00 am on that date. At 1.43 pm, Niall Barry, James Witham, Joseph Peers and David McCaig all left 267 Pilch Lane and walked towards the area where the Hyundai had last been seen.”
The jury are shown footage of this.
PG: “It is clear from what followed that they went to the Hyundai. A combination of cell site evidence, ANPR evidence and CCTV evidence reveals that what then happened is that Niall Barry, James Witham, Joseph Peers and David McCaig travelled in the Hyundai to North Wales. They departed Liverpool at about 2.15 pm, arriving in North Wales by 4.45 pm. It was only a flying visit because, by 6.47 pm, the four men were back in Huyton. They then parked the Hyundai up before entering 267 Pilch Lane.”
Jurors are again played CCTV footage from the area.
PG: “Just over 45 minutes later, at 7.42 pm, James Witham and Joseph Peers visited a nearby Co-op store.”
The court is shown a map plotting its location, as well as a photo of the shop.
PG: “As we have indicated, at 7.42 pm on the night of the 19th of August, James Witham and Joseph Peers visited that Co-Op. James Witham enters the store. Joseph Peers in fact waits outside, where he is in the presence of Ian Fitzgibbon. At 7.45 pm, the three men return to 267 Pilch Lane. So, Ian Fitzgibbon has now joined up with the group. By now it's 11.30pm, Ian Fitzgibbon has remained in the flat for three hours and 45 minutes and is now departing.
“What do the events of 19th August 2022 show? The prosecution suggests that they demonstrate Niall Barry and Joseph Peers associating strongly with James Witham, the man who accepts firing the shot that killed Ashley. They also show the strong association between those three men and the Hyundai that was to be used on the night of the murder by the killers. In addition, they show Ian Fitzgibbon coming into the events as an associate of the other plotters.”

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[Legally Bland]

15:03JONATHAN HUMPHRIES

James Witham 'used brand new ON Cloud trainers to kick in Ashley's door'​

Mr Greaney turns to events on the day of August 20.
PG: “First, that morning James Witham visited Taskers Sports in Aintree. He was with Ian Fitzgibbon, who by now was increasingly featuring in the developing events.
“James Witham and Ian Fitzgibbon had travelled to Taskers Sports in a black Volkswagen Golf. Ian Fitzgibbon stayed in the car and James Witham went inside. Whilst in the store, James Witham made a purchase.
“He bought a pair of men’s ON Cloud Flyer trainers in black, UK size 8.5.
“This apparently mundane purchase was to prove important in the investigation into Ashley Dale’s killing. That is because James Witham was wearing these very trainers as he kicked in the front door to 40 Leinster Road, and as he walked out, leaving Ashley dying in the back yard. On departure, he left a distinctive footprint on the door that was now flat on the ground. It was the footprint of an ON Cloud Flyer training shoe, UK size 8.5. It was James Witham’s footprint.”
The jury are shown CCTV footage from inside the store and a Taskers Sports receipt.

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[Legally Bland]

15:08JONATHAN HUMPHRIES

'Plotters in flat together'​

Mr Greaney continues: “In the period after this purchase, Ian Fitzgibbon appears to have picked up Joseph Peers and dropped off James Witham, who seems to have gone to watch Everton play Nottingham Forest at Goodison Park along with Michael Kershaw.
“By just before 3pm, Joseph Peers and Ian Fitzgibbon were back on Pilch Lane, pulling up outside the flat at 267 in the Golf and entering after a short trip into the Go Local shop that, as you know, was almost next door.
“Cell site analysis of activity on the mobile phone of Niall Barry indicates that he was already in the flat. That is consistent with CCTV footage, which indicates that Niall Barry had been within the flat since 6.47 pm on the 19th of August.
“At 6pm that day, Niall Barry started to use a new mobile telephone number.”
Peers and Fitzgibbon are seen on CCTV leaving the flat and buying a top-up from the Go Local store for the “number that Niall Barry started using”.
PG: “What was happening this afternoon and evening that provoked Niall Barry into using a new mobile telephone number and, moreover, one that was not registered to him?
“Fourth, having been to the Everton match, James Witham and Michael Kershaw returned to 267 Pilch Lane in a taxi. We see their arrival back at 7.20 pm. When they entered, the following people were present - Niall Barry, James Witham, Joseph Peers, Ian Fitzgibbon and Michael Kershaw.
“Twenty-two minutes later, James Witham, Joseph Peers and Ian Fitzgibbon left the flat.
“They got into the Hyundai and travelled about a third of a mile to Adisco, a food and wine shop on Page Moss Lane. That location is significant because of what it reveals about the footwear that James Witham was wearing there.
“James Witham and Joseph Peers made some purchases. As you can see, by that stage James Witham is wearing the ON Cloud trainers that he had bought during the day and which he was to wear during the attack on Ashley Dale later that night.
“By 8.27 pm James Witham, Joseph Peers and Ian Fitzgibbon were back on Pilch Lane and entering the flat. At 9.13 pm, a silver Mercedes arrived on Pilch Lane.
"As it did so, Sean Zeisz made a call to Joseph Peers who was within the flat. Sean Zeisz is shown by the evidence to have been the person driving that Mercedes. Sean Zeisz parked the Mercedes up and went into a takeaway, before entering 267 Pilch Lane. Once he had entered that flat, by about 9.30 pm, all of those charged with the murder of Ashley Dale and with conspiring to murder Lee Harrison were present at this location, the centre of operations.”

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[Legally Bland]

15:12KEY EVENT

'No witness was to be left behind'​

Mr Greaney continues: “By 9.30 pm, the following people were within 267 Pilch Lane.
“Sean Zeisz, who had been humiliated by his treatment at Glastonbury and who had developed an antagonism towards Lee Harrison, and those associated with him.
“Niall Barry, who had a longstanding hostility towards Lee Harrison and who had, according to Ashley’s messages, been issuing threats in the period since Glastonbury and generally increasing the temperature in an already heated situation.
“Ian Fitzgibbon, who appears to have aligned himself with the Zeisz and Barry side of the dispute by 19th August 2022 at the latest.
“Joseph Peers, who was strongly associated with that side of the dispute and who, as we will see in a moment, left 267 Pilch Lane with James Witham before the killing and returned there with him afterwards.
“And James Witham, the man who, on his own account of events fired the shot that left Ashley Dale dead. In other words, the man who killed Ashley.
“By this stage, 9.30 pm on 20th August, it was just three hours until the attack on 40 Leinster Road and the shooting of Ashley Dale. All of the alleged conspirators were within the flat that formed, the prosecution suggests, the base of operations.
“Is it mere coincidence that the man who carried out the killing of Ashley Dale, James Witham, did so having left a flat which contained people with a strongly developed desire to wish her boyfriend Lee Harrison harm? Were James Witham’s actions in attacking the home of Lee Harrison, a man the people he left behind in 267 were highly antagonistic towards, and in killing Lee Harrison’s partner completely unconnected with the views of the people he left before going to carry out the killing? Is that a coincidence that he had left the flat containing people who were deeply antagonistic towards Lee Harrison?
“The prosecution case is that you can exclude confidently any suggestions of coincidence. “The simple reality, we will invite you to conclude, is that James Witham was encouraged by Niall Barry, Sean Zeisz and Ian Fitzgibbon to go to 40 Leinster Road in order to kill Lee Harrison, to allow no one to get in their way and to leave behind no witnesses. And in those activities he was to be supported by Joseph Peers.”
“When James Witham and Joseph Peers were sent to kill Lee Harrison, it was obvious to those who sent them that Ashley Dale was very likely to be within 40 Leinster Road. It was, after all, her home. It is obvious, we suggest, that the plot involved the intention that no one should be allowed to get in the way of the plot and that no witness was to be left behind.”

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

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[Legally Bland]

15:16JONATHAN HUMPHRIES

Fitzgibbon "in on the plot"​

Mr Greaney continues: “We will turn next to the attempt that was plainly made to lure the occupants of 40 Leinster Road outside in order that they could be killed.
“At 10.10 pm, James Witham and Joseph Peers left 267 Pilch Lane and walked towards the area in which the Hyundai had been left. Just 80 minutes later, the tyres on Ashley Dale’s car had been slashed. And 50 minutes after that, Ashley was shot and killed.
“James Witham admits that he did all of that. Why was he accompanied by Joseph Peers as he left 267 Pilch Lane to embark on this mission? The conclusion, the prosecution invites you to come to, is again simple. Joseph Peers was a part of the plot, and a part of the killing; that is why he accompanied James Witham.
“At 10.18 pm, eight minutes after James Witham had left the flat, Ian Fitzgibbon sent him a message, the content of which the investigators have not recovered. As we have explained, James Witham by this stage was on a mission, a mission to kill. Why was Ian Fitzgibbon making contact with him at this stage? The answer to that question, we suggest, is because Ian Fitzgibbon was also in on the plot.
“At about this time, the time of that contact or attempted contact, the Hyundai was travelling in the general direction of 40 Leinster Road.”
The jury are shown a map displaying the vehicle’s movements, accompanied by CCTV footage.

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

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[Legally Bland]

15:21JONATHAN HUMPHRIES

Witham and Peers 'on way to kill Lee Harrison'​

Mr Greaney continues: “On the journey you have just watched, the Hyundai reached a point no more than a few hundred yards from Ashley Dale’s home address. You will have noted from the animation that the Hyundai travels in convoy with a red Golf. It appears to be the case that whoever was in that Golf was involved in some way.
"The occupant or occupants have never been traced, but what the involvement of this vehicle shows, suggest the prosecution is that, contrary to what we understand James Witham will assert in this trial, he was not involved in this on his own.
“During this period, and the period that followed, telecommunications of significance occurred. At 10.23 pm James Witham sends Ian Fitzgibbon a message. Thirteen seconds later, Ian Fitzgibbon replies and, 26 seconds after that, James Witham responded.
"As we have made clear, on any view James Witham was engaged on a mission. If Ian Fitzgibbon was not part of the plot, why was James Witham troubling to communicate with him? James Witham was involved in a high-risk enterprise involving criminality of the most serious type. Why was he communicating with Ian Fitzgibbon during what was inevitably a period of tension if Ian Fitzgibbon, who was in the flat he had just come from, was uninvolved? The answers to these questions are obvious. Ian Fitzgibbon and James Witham were in touch at this crucial time because they were jointly involved, with others, in the plot.
“At 10.43 pm, as you can see, Niall Barry - who was in 267 Pilch Lane with Ian Fitzgibbon and Sean Zeisz - was also trying to get hold of James Witham, along with Joseph Peers. Why?
“The contact between those in the flat and those the prosecution suggest were in the car continued. At 11.06 pm, Ian Fitzgibbon attempts to call James Witham. Why? Nine seconds later, Sean Zeisz attempts to call Joseph Peers, one second after that Ian Fitzgibbon attempts to call Joseph Peers.
“And 19 seconds after that, Ian Fitzgibbon attempted to call James Witham at 11.07pm. At 11.08 pm Ian Fitzgibbon sends a text message to James Witham, the content of which we do not have. At 11.10 pm Sean Zeisz calls Joseph Peers and it appears that he did make contact, because the call duration is 23 seconds.
“So, we ask once again, why are those within the flat - all on one side of a serious feud with Lee Harrison - seeking to make and sometimes actually making contact with the two men the prosecution suggest are on their way to try to kill Lee Harrison? Why are those men in the flat who had a grievance with Lee Harrison in contact with the men on their way to try to kill him?
“You will understand already how we suggest you should answer that question. Those in the flat were controlling this plot. They were the organisers. They encouraged what was to happen. That is why there was contact.”

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

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[Legally Bland]

15:29JONATHAN HUMPHRIES

'Two blades used to slash Ashley's car tyres'​

A further animation shows the movements of the Hyundai as it travels to Leinster Road at around 11.40pm, when Ashley Dale’s car was damaged, before departing afterwards.
The jury are also shown the accompanying CCTV footage.
Mr Greaney: “Why had the Hyundai gone to 40 Leinster Road at this stage, at about 11.40? A series of things enable you to conclude with certainty why that vehicle, with James Witham and Joseph Peers we suggest within it, had travelled there.
“We know that whilst they were there on this occasion at about 11.40 pm, the tyres on Ashley Dale’s car were slashed. That damage caused the alarm on Ashley’s car to sound. Indeed Ashley’s own messages demonstrate that to be so.
“Ashley sent messages to both Lee Harrison and her mum, stating that her alarm was going off. She plainly thought that this had been caused by the weather. You may have spotted on the CCTV we’ve just seen, it was absolutely pouring down. As a result, she did not go outside. She stayed inside her home where she no doubt felt safe.
“In fact, it was not the weather that had caused the alarm on Ashley’s car to sound. When her vehicle was later examined by a forensic scientist, that expert identified that three of the four tyres had been slashed, two of them with one type of blade and the third with a different, narrower type of blade. In other words, two blades had been used.
“Pausing for a moment, we understand that in this trial, James Witham will accept that he caused this damage to Ashley’s car but will maintain that he did so alone. If that is his case, you will want to understand why two blades were used. Why would a person acting alone not use a single knife to do something that necessarily he would want to achieve quickly? The position of the prosecution is this. The fact that two blades were used indicates that two people were involved and we suggest that those two people were not just James Witham but James Witham and Joseph Peers. But we need immediately to be clear that this is not the only thing that implicates Joseph Peers along with James Witham.
“What was happening here at about 11.40pm, the prosecution suggests, is that James Witham and Joseph Peers were seeking to lure any occupant of 40 Leinster Road outside where they could be killed more readily than if they remained inside. But Ashley thwarted the plot at that stage. That is because she believed that the sounding of her alarm had an innocent explanation. And so she stayed inside.
“50 minutes later, the killers returned to 40 Leinster Road.”
The court will take a short break.

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

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[Legally Bland]

15:48JONATHAN HUMPHRIES

Court resumes​

Mr Justice Goose is back on the bench and the trial has resumed

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]

15:55JONATHAN HUMPHRIES

'Waiting to kill'​

The jury are brought back in and Mr Greaney continues his opening.
He says that he will “track the movements of the killers” from 12.26am, about five minutes before the shooting, onwards.
PG: “We are about to see the Hyundai drive along Oakhill Road from the direction of Broad Green Road. An expert has analysed these images and has confirmed that the vehicle they show is consistent with the Hyundai with which we are concerned and, in any event, we do not believe that there is any dispute that this is the Hyundai WL68 KKT. The issue for you is going to be who is in that vehicle.
“We’re going to see the vehicle turn into Leinster Road, only to pause, and then reverse back out and carry on along Oakhill Road. The Hyundai turned around, drove back down Oakhill Road, and right onto Leinster Road three minutes after it had last turned on to Leinster Road. The Hyundai slowed as it began to travel down Leinster Road and two people walked past it and crossed Oakhill Road. It would seem this curious manoeuvre carried out by the Hyundai was because the occupants of the vehicle, James Witham and Joseph Peers we suggest, had seen the two people, or perhaps others, further down the road and were waiting for them to reach Oakhill Road and for the coast to be clear. They are waiting for the coast to be clear so they can kill.”

15:56JONATHAN HUMPHRIES

Ashley tried to "run for her life"​

Mr Greaney says: “Now we get to the moments of the killing because, once the coast was clear, James Witham left the Hyundai. He approached 40 Leinster Road and kicked in the front door. Armed with a loaded Skorpion submachine gun, he then entered the address.
“When Ashley Dale saw James Witham, she screamed, she shouted “get the *advertiser censored** out” and she attempted to run for her life. She fled, pursued by James Witham, into the dining room in a desperate attempt to reach the back door. As she did so, James Witham opened fire with the submachine gun.
“Ashley was struck by a bullet which passed through her abdomen and caused catastrophic damage. Although injured, Ashley managed to reach the back yard where she collapsed to the floor into the position in which she was seen by the person who had made that 999 call.
“Police officers were able to reach the scene quickly. When they arrived, the killers had gone, but they found Ashley. They attempted resuscitation, but Ashley was beyond help. As we said at the outset, Ashley Dale was aged 28 at the date of her death."

15:59JONATHAN HUMPHRIES

'Cynical and cowardly attempt to escape responsibility'​

Mr Greaney continues: “As you know, James Witham has pleaded guilty to manslaughter. He maintains that he had kicked in the front door of 40 Leinster Road, entered Ashley Dale’s home, and discharged a machine gun to send out a message to Lee Harrison arising out of a dispute about drug dealing. James Witham’s position is that he had believed the house was empty and that he never saw or heard Ashley.
“You will have a chance to start to assess James Witham’s defence at a relatively early stage of this trial. You will hear evidence of a neighbour who heard Ashley shout, “get the *advertiser censored** out” and others who heard her scream before she was shot. Those people were obviously further away than James Witham, who was within the house itself. How did he not hear, you should ask yourselves, what the neighbours heard? How did he not see and hear a young woman screaming ‘get the *advertiser censored** out’.
“You will receive evidence that lights were on in the house. How could James Witham have been confident the house was empty, you might ask yourselves, when the appearances to anyone would be that it was occupied?
“It was not a big house, and Ashley was downstairs. How could James Witham possibly have failed to see Ashley, you should ask yourselves?
“The claim of James Witham that he never saw or heard Ashley Dale is, we will invite you to accept, simply incapable of belief. And that is because it is untrue.
“There will be other evidence in the trial that bears adversely on the credibility, the believability, of the account of James Witham. Ultimately, we are confident that you will be sure that James Witham’s claims are a cynical and cowardly attempt to escape responsibility for the terrible thing he did. He shot Ashley Dale quite deliberately. That was a dreadful thing to do, but that is what he did.”

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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