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

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11:53Jonathan Humphries

'Keen eyes'​

The court is reassembled and Justice Goose asks for the jury.
The panel of five men and seven women take their seats.

The judge tells them: “Thank you for your note. There is a fairly straightforward explanation.”

Mr Greaney reads their question aloud.
It concerns a document on the attribution of mobile phones in the case, which is present in only three of the jury bundles.
It concerns a device recovered from Lucy Worley’s Mercedes at the Formby Hall Hotel, when she and Barry were arrested.
Mr Greaney says: “All relevant material has been extracted and is in your jury bundle.”
These included the photos taken in Norwich and Portugal seen by the jury and voice notes exchanged Barry and Zeisz also recovered from device.
Mr Greaney continues: “At one stage it was thought there may be an issue whether Niall Barry may have been the relevant user of that phone. A document was prepared which addressed the prosecution’s case. Before the trial started it became apparent that issue didn’t exist. He accepted being the user of the phone.”
The prosecutor says “steps were taken to remove the document” from the jury bundles, but it was “missed” in three bundles.

PG: “Can I assure you that nthing of relevance has been kept from you. The reason only three of you had the document is through oversight. We’re going to suggest that we should remove from your jury bundle the documents you had and hand them over to the court staff.”
Justice Goose adds: “Well spotted. You have keen eyes.”

Jurors retire once more to consider their verdicts.



 
Years ago when I worked as a litigation paralegal I had to create court bundles (not for juries but for counsel etc) and it used to be so stressful, ensuring they were complete and all pages were in order and the index correctly noted the correct document numbers and so on. In the smaller law firms I had to do all the printing as well and used to feel like I was about to have a nervous breakdown making multiple copies of documents for say 8 bundles and then the printer would chew up an original document or a colleague would print something off whilst I was in the middle of printing and mess up the order. Never again!

Hopefully some poor paralegal doesn't get into trouble for omitting to remove those documents!
 
Not overly familiar with court proceedings - Presumably when the jury have their verdicts ready there needs to be a period of time for the pilch lane mob to be dragged back in and for the families to get to the court (unless they’re all bunkered up in the nearest Wetherspoons)?
 
Not overly familiar with court proceedings - Presumably when the jury have their verdicts ready there needs to be a period of time for the pilch lane mob to be dragged back in and for the families to get to the court (unless they’re all bunkered up in the nearest Wetherspoons)?


I think ( from past trials ) it can be up to an hour or so after the Jury give the nod to the Clerk that the court reconvenes - for the reasons you've given above.

And it's pretty much a rule these days ( at least in trials that I've followed ) that Judge instructs Jury not to call in a verdict between 1 and 2pm.
 
Not overly familiar with court proceedings - Presumably when the jury have their verdicts ready there needs to be a period of time for the pilch lane mob to be dragged back in and for the families to get to the court (unless they’re all bunkered up in the nearest Wetherspoons)?
I feel that in the LL case, she was brought to court everyday during deliberations, but that could be because she had a very long journey to get there.
 
14:29KEY EVENT

VERDICTS​

BREAKING: We understand verdicts have been reached by the jury. All parties have been called back to court. Ashley's mum, dad, and step-dad have taken their seats in court, as well as the family of the defendants.
 
14:41JONATHAN HUMPHRIES

'Verdicts must be received in silence'​

Justice Goose: “Before the jury come into court to give their verdicts, all of the verdicts will be received in silence. If anybody feels they will not be able to stay quiet, they must leave now.”
Some members of the public are visibly anxious, with tears being shed in the public gallery

 
14:43KEY EVENT

JOSEPH PEERS GUILTY OF MURDER​

The jury enter.
The foreman is asked to stand and confirms that they have reached unanimous verdicts on all counts.
Joseph Peers has been found guilty of the murder of Ashley Dale
He has also been found guilty of conspiracy to murder Lee Harrison

 
14:44JONATHAN HUMPHRIES

SEAN ZEISZ GUILTY OF MURDER​

Kallum Radford has been found not guilty of assisting an offender
Sean Zeisz has been found guilty of the murder of Ashley Dale
He has also been found guilty of conspiracy to murder Lee Harrison

 
14:47KEY EVENT

IAN FITZGIBBON IS CLEARED OF ALL CHARGES​

Ian Fitzgibbon has been found not guilty of the murder or manslaughter of Ashley Dale
He has also been found not guilty of conspiracy to murder Lee Harrison or conspiracy to possess firearms.
Some of the public gallery leave court in tears. Justice Goose asks some of the public to sit down.

 
14:48KEY EVENT

JAMES WITHAM GUILTY OF MURDER​

James Witham has been found guilty of of the murder of Ashley Dale
He has also been found guilty of conspiracy to murder Lee Harrison
All four men found guilty of murder have also been convicted of conspiracy to possess a firearm with intent to endanger life.

 
14:51JONATHAN HUMPHRIES

Sentencing to take place on Wednesday​

The judge confirms sentencing will take place at 11am on Wednesday.
Judge Goose suggests there may be an application on behalf of Ian Fitzgibbon. His barrister, John Cooper, KC, rises and asks: “May he be discharged after due process”
JG: “He can be discharged. Similarly in respect of Mr Radford.”
He addresses the jury: “Thank you for all the work you’ve done. If you wish to do so you can come back for the sentencing on Wednesday at 11 o’clock. If you don’t, you have the thanks of this court. Should you wish it I will excuse you from attending jury service again for the next 10 years. However this will be a matter entirely for you.”

 
Detective Chief Inspector Cath Cummings, who led Merseyside Police's investigation into the shooting, said following the verdict: "This trial has heard of the despicable acts of cowards who have ruined more lives than they could ever imagine. They took 28-year-old Ashley - an ambitious, bubbly, charismatic young woman - away from her family, her friends and her colleagues.

"They created fear within local communities as they shot an innocent young woman in the safest place she should ever have been, her home. We have heard how, at 12.30am on Sunday, August 21 2022, James Witham forced his way into her home and indiscriminately fired a number of shots towards Ashley before going upstairs and discharging a further five rounds from a Skorpion machine pistol.

"No one will ever be able to imagine the fear Ashley must have felt in her final moments. I'm humbled that I have had the responsibility as a senior investigating officer to lead this investigation, to provide Ashley's family with some answers to so many of their questions.

"I gave Julie, Steven and Robert (Ashley's mum, dad and step-dad) my word that, whilst I could never take away their pain, I, my team and Merseyside Police would work tirelessly to get them answers and take those responsible off the streets. I made that pledge to members of the community too.

"I want to thank Ashley's family for their dignity, restraint and patience displayed throughout this trial. I can't begin to imagine their heartache and the pain that they've gone through.

"I thank them for their trust in me and their trust in Merseyside Police and the investigation team behind me. The prosecution team as a whole - the investigation team, the Crown Prosecution Service and counsel - have dedicated all of their time and energy to ensure that justice has been done fairly and justly.

"This investigation is a prime example that we will listen to our communities, we will take seriously the information that people have to offer us, we will analyse it, review it and take positive action. I hope that today gives the reassurance to the public that we listen and we support those who are prepared to stand tall and tell us what happened, what they saw and what they heard.

"Let this be a message to those intent on causing misery through the use of firearms and serious organised crime. That their criminal enterprise here in Merseyside will not be tolerated and we will find them."

 

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