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

DNA Solves
DNA Solves
DNA Solves
14:38CATHERINE MURPHY

Ashley and her boyfriend made agreement month before her death​

Mr Langhorn refers to messages on Ashley Dale’s phone sent on July 28.
These include voice notes sent from Ashley to her Olivia McDowell.
AD: “Had terrible anxiety yesterday, absolutely terrible anxiety I just can’t even be arsed speaking about anything don’t speak about all the madness just try and bring positive energy and vibes to the house. Me and Lee have said we’re not speaking about any madness, just trying to be as positive as we can you know what I mean?”
Mr Langhorn asks DC Hunter to confirm Ashley was speaking about events the previous day, July 27.

 
14:41CATHERINE MURPHY

Sean Zeisz warned ex-girlfriend 'when people see ya, they gonna batter ye' in Whatsapp messages​

That day, Witham’s phone was cell-siting in North Wales. Barry was sending WhatsApp messages at 17.26 to a man saved as‘Jordo’, confirmed as Paul Jordan. It simply contained the number plate of the Audi S3 in which Barry and Witham were stopped at in Somerset.
The next message reads: “Can you get that insured mat?”
PJ: “Yeah man first thing.”
NB: “Thanks Lad.”
Sean Zeisz allegedly sent Whatsapp messages, screengrabs of which were recovered from a phone seized from his girlfriend Olivia McDowell.
OM: “Sean”
SZ: “U really pickin that smackhead up again from town?...U been seen. Wow, see when people see ya, they gonna batter ye. Trust me, you *advertiser censored**** little tramp picking him up last night in ye car from town. You r vomit ye now.”
OM: “What. Been in Toms.”
SZ: Got that little rat in the car
OM: “What u on about nan’s life
SZ: “u picked him up some one video ye. Why has he got u un his. Why Tom even get ye?...Your gettin it and anyone around ye.”
Further messages between the two are sent on July 30.
OM: “This is a joke”.
SZ: “You going out tomorrow are ye? You going that place tomorrow? You best not be like a little swet knocking around with that Dusty”
OM: “Am not going”
SZ: “Good”.
SZ: “Yo, who’s the lad in the car today.”
OM: “Tom, Sean.”
DC Hunter says on that day there was a balloon release in memory of Rikki Warnick. The jury are shown an instagram post publicising the event.

 
14:59CATHERINE MURPHY

Ashley and her friend discuss whether they will go to Rikki's funeral​

Mr Langhorn continues.
That afternoon, Ashley Dale has a conversation with her friend Lydia. They discuss the funeral of Mr Warnick. These are sent around the same time as the messages allegedly sent by Zeisz to Miss McDowell.
AD: “We’re not even going that thing for Rikki today *advertiser censored*”.
L: “We’re getting old. Why what’s up? And no same am not it will end up too much of a mad one am gonna go put some flowers down tomorrow instead.”
AD:” Just all drama with Zest and Branch and that Lyd, CBA *advertiser censored*… The funeral is Wednesday we’re only going the Crem I think…I have a job interview on Wednesday anyway *advertiser censored*.”
L: “OMGggg why not? This wednesday is it? I’ve not seen anyone put it anywhere yeah same me n Em are just gonna go the service not going the after bit are you? I haven’t got a bevvy in me need to be fresh. Ahh where for?”
AD: “Liv seeing Dusty isn’t 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.”
“Yeah that’s what we’re going to do Lee saying there gonna be murder coz too many people argue so can’t be assed with it.
“It’s still in my work the job just a higher position doing what I do now and more money *advertiser censored*”
Lydia asks why Lee has been getting dragged into the row.
AD: “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.”
Lydia says she cannot believe Lee is “getting dragged into it”.
AD: “Then we said a few of us might just get together somewhere else for Rikki rather than going Ten Streets but I dunno. Lee might just end up going just going to play it just heere
Cos he found out she been cheating on her again but obv Zest ended up fighting with Wolly in Glasto with all wolly and that and then Liv was with us on the night after it and dusty and somewhere else seen her and it all come from there they split up when they got home.”
Ashley tells Lydia that Zest: “Took all Liv’s clothes and let her tyres down.”
L: “*advertiser censored** off wow be assed, so does Zest speak to Branch till? Sure he used to say he didn’t
AD: “Yeah that’s what all the murder was over in Glasto! Coz he still spoke to Branch and everyone was like arguing with him coz of it.”
“No he says he speaks to him like he fully admits it and that’s what I’m saying. Dusty just got involved because he felt like it.

 
15:02CATHERINE MURPHY

Ashley told her friend she "didn't want to go to Lee's funeral next"​

Mr Langhorn moves onto further voice messages with a friend called Charl about the balloon release.
AD: “I have been sent a picture 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. I cant believe branch has popped out the woodwork and been that thing last night.”
Charl asks Ashley to sent her a picture of “them all” because she doesn’t know them.
Ashley sends a picture of Barry, doing a peace sign, with Ian Fitzgibbon and Sean Zeisz. The image is shown to the jury with each man marked out in different colours.
Charl suggests there will be “murder at the funeral then won’t they?”
AD: “Ye deffo gonna be murder, I can’t be arsed with it me.”
A cell site map shows Barry’s phone in Liverpool near Prescot, while Witham’s phone is in North Wales.
Barry sends a message to Paul Jordan: “Did you insure that mate?”
PJ: “Do it right now mate”
NB: “Thanks mate..will drop ya dough soon”
Jordan then sent Barry a photo of an insurance document for the Audi S3.
Mr Langhorn plays further messages between Ashley Dale and her friend Mol.
AD: “Too much stress going on CBA with the murder. It’s going to be bad and it’s a funeral.”
She says Lee Harrison decided to not go the “after thing” but changed his mind “because it would go off” and it would be “disrespectful.”
She says Harrison is now unsure what to do.
Mol: “Gona be mad vibes.”
AD: “I’m like - Lee it’s not worth it. Branch was at the balloon release on Sat with Zest, can’t believe it he just crawled out the woodwork. So if he goes, what’s going to happen?”
“I cba with it don’t want to have to go to Lee’s funeral next. I just have a bad bad feeling about it Mol. It’s horrible Mol, me heart’s in me mouth constantly”

 
15:17ABIGAIL NICHOLSON

Ashley was "constantly worrying" something was going to happen to Lee​

Ashley continues: “Proper stressed in rs all the time. Me nerves are gone when am out in the car with Lee just feeling like Im looking over my shoulder all the time.”
Mol: “They’re just too laid back about *advertiser censored* aren’t they I feel that makes ye feel worse. I don’t think anything will happen.”
AD: “[Lee] is not arsed, he’s like I’m not scared of Branch.”
M: “Because if he was going to do anything he would just do it.”
The previous exchange was on August 1.
Mr Langhorn moves to messages between Ashley Dale and Sophie on August 2.
In a voice note Ashley says: “Everything that Lee’s involved in and that all the murder it’s so draining.. I’m just constantly worrying something is going to happen….I just come home with that if something happens to him….
“Now they’re [Barry] just at Rikki’s thing at the weekend just bare faced like, my head’s just gone.”
She says she does not want it to kick off at the funeral. She says her boyfriend said: “If it goes off it goes off.”
“I can see how it is going to pan out, it’s going to be a disaster.” She says Harrison “does not want people to think he is scared.”
AD: “It’s just all stress.. I just have a bad bad feeling about everything I don’t know what to do. The whole thing of what Rikki’s done has been forgot about now because of all this murder.”
Ashley says she suggested Lee Harrison just go to the crematorium and then go home.
“I just think it’s gonna be murder. I just don’t think Liv should go… I can’t believe Dusty went and done that.”
She says that everyone was “blaming Dusty”, but “You can’t blame anyone for him going and doing that.”
DC Hunter says there is reference to an incident outside Rikki’s mum’s house, which will be explained further in due course.
Ashley says she is worried people will think what Dusty (Jordan Thompson) did involves Lee Harrison.
Ashley tells Sophie she probably should not go to Ten Streets Social. She says she may “come down with Lois and that” for an hour.
“I just said to Lee obviously we can to the crem but maybe we can go to a little pub somewhere else and celebrate his life in our little way….rather than go there with every rat in the city”.
A further voice note says: “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 and alln that but he wasn’t. He was on his own.
"He’s actually said this to me himself. He had gone over to Rikki’s and obviously he probably was going to do something if he seen Zest. It’s *advertiser censored**** bad like he shouldn’t have done it, he’s totally in the wrong.
"Lee’s even kept him at arms length to be honest. It’s just heavy and that like. He just said you shouldn’t have done it.
"It weren’t the place or the time. You were looking bad anyone. He said he would have done something if he seen him coming out the house or when he was getting out the car.
"Instead he’s went over to [redacted] 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…. I was just like It’s *advertiser censored**ing heavy.”
DC Hunter says this refers to what Ashley was told by Jordan Thompson directly and by Lee Harrison.

 
15:25ABIGAIL NICHOLSON

Ashley says Ziesz's relationship with girlfriend "kind of kept the peace”​

Mr Langhorn plays further voice notes from Ashley Dale to her friend Sophie.
She says she demanded Lee Harrison “be honest and tell me everything and don’t sugarcoat anything. You need to be honest with everything….
She says, however, “I know Lee doesn’t want this.”
AD: “Lee said to me if Branch came to me and said let’s squash it I would squash it, I don’t want all this murder… He’s not worth this, he’s not worth me ending up in jail or ending up wherever, I don’t want this.”
Ashley begins to recount the incident at Glastonbury, she says Zeisz “popped up with a fire extinguisher”. She says Lee Harrison “tried to keep the peace”, and told a man called Wally to not attack Zeisz because he is “with his bird”.
She says Thompson got involved “because he wanted to”. She says “The Branch situation with Lee is a whole different story”. She says the relationship between Olivia McDowell and Zeisz “kind of kept the peace”, but after they split “Zest has gone *advertiser censored** her and everything she cared about.”
She describes how Ziesz seeing Miss McDowell after the incident with Thompson made the situation worse.
She says the situation between Zeisz and Thompson then ignited the situation between her boyfriend, Lee Harrison, and Niall Barry.
Mr Langhorn suggests this is a convenient time for a short break.

 
'
13:03
15:56ABIGAIL NICHOLSON
Lee warned Ashley not to go to Ten Streets on her own "just in case"
The jury are back in court and we are ready to resume.

Mr Langhorn refers to messages sent on August 6. DC Hunter says: “Ashley exchanged messages with her friend Elle which continued to express her anxiety about what would happen if Branch and Zest turned up at Riki’s funeral.”

The jury are told we will come to those messages later.

On August 9, Ashley messaged Lee Harrison’s mum Sharon in which she expressed serious concerns about attending Rikki’s funeral and wake. That same day she also shared similar concerns with her friend Lydia.

AD: “Lee is saying I am going the crem just to show his respects and just go and do his thing.”

She says she is not sure if she will go to the wake at Ten Streets Social on her own.

Lydia: “Yeah deffo go the Crem and show your respects but I wouldn’t even bother going Ten Streets cos you’ll have one and want to stay, and imagine it kicks off. He’s not there but you are. An stn happens to you”

AD: “I know I said that like not like its a bday or something it’s his mates funeral like it’s just 1 of them like, ye can’t go the after thing so just have to miss out this once. I know that’s the only thing.”

On August 10, the day of Rikki’s funeral, Mr Langhorn says Zeisz sent further messages to Olivia McDowell.

SZ: “Stay away from me. Golly in your face in front of everyone. Send you home covered in p** you rat c***. Nock me sick you know what you have done an how u act swear. M8.

OM: “I won’t go ok”.

SZ: “Slags go with slags.”

CCTV from the wake event at Ten Streets Social is played in court. James Witham is visible, with Ian Fitzgibbon, David McCaig, Joseph Peers, Michael Kershaw and Niall Barry also there.

Ashley Dale messaged her friend Lois that day.

Lois: “Branch is here btw x.”

AD: “Omg is he xx Who with? Rat. Where is he?”

L: “Yeah. Not sure Soph seen him.”

AD: “Urggggggh *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. What’s it worth yeno what I mean. It’s heavy.”

AD: “This is what I’m saying. He’s had a few drinks now tho.”

L: “Tell him girl”.

AD: “And is like.”

L: “Oh has he. So he wants to come?”

AD: “Not thinking straight headed if you get me. Like he was sober before.”

L: “Yeah girl. Have you told him?”

AD: “Yeah, just told him then. He was like who would Rikki rather have there? I was like, I know that.

“Will you come outside and get me please girl? Like in one min. Lee saying don’t go in on my own just in case. I’m pulling up outside now.”

L: “I’m right here x At front. I haven’t seen him me girl.

 
16:06ABIGAIL NICHOLSON

"My fella hasn’t come because he’s saying he’s gonna shoot him"​

Mr Langhorn says Ashley Dale arrives at Ten Streets Social for the wake shortly after 7pm.
A short CCTV clip shows her entering the venue.
He says while at the event, Ashley texts Lee Harrison.
AD: “Just got in here now all rats just sat together in the smoking bit. I don’t think you should come I’d rather not be here if you’re going to a pub I’ll come and meet u not staying here. Feel dead bad that you’re not here and I am.”
DC Hunter says in the days that followed Ashley sent a further set of messages that referenced the wake in her group WhatsApp chat with her friends.
On August 12, Ashley said: “They was there, Branch was there. Zest went the crem but I didn’t see him in Ten Street.”
Lydia: “Dan said a few of the lads got there and got straight off.”
AD: “Yeah Lee and that didn’t go Ten Streets. They went for scran in Sefton and that, done their own thing. It was moody cos of Branch. Something was gonna happen so they done the right thing like not going, but just a joke you can’t go own mate’s funeral.”
Lois: “I got off. Because I thought go away. Like Ash is me mate and Lee obv over him the freak.”
AD: “Yeah cos Sav and that done me head in. Fully legged us and went and stood with Branch and all that.”
DC Hunter says Sav was a friend of Ashley’s.
AD: “Like not being funny but you’re meant to be my mate. My fella hasn’t come because he’s saying he’s gonna shoot him.
“So he hasn’t come because he doesn’t want the trouble for Rikki’s mum.”
DC Hunter says police did not find any evidence of Lee Harrison attending the funeral.

16:19ABIGAIL NICHOLSON

New witness called​

Mr Langhorn says they are about to move to a different section.
Richard Pratt, KC, representing James Witham, says he has some questions for DC Hunter.
He asks her to confirm that some of the calls between Witham’s phone and Lee Harrison on July 26, lasting less than two seconds, were likely not to have connected.
DC Hunter agrees.
Mr Pratt suggests that much of the contact was “all initiated by Lee Harrison”. He reads through the contacts, including calls and text messages.
DC Hunter says that is correct.
RP: “Have you come across the custom in some mobile phone companies to send an automated text when a call doesn’t connect?”
DC Hunter says some companies do send a notification that a call has been missed. She agrees that at least one text between the men would likely have been a missed call notification.
RP: “In that sequence of calls in that time it’s right to say after that first call when James Witham calls Lee Harrison, all other attempts to call James Witham were initiated by Lee Harrison?”
DC Hunter says that is correct.
Mr Pratt has no further questions.
Mr Langhorn excuses DC Hunter, although he says she may be required again later in the trial.
Mr Langhorn calls the next witness, Detective Sergeant Graham Sutton.
He says his role is “officer in the case”.
GS: “My responsibility is to review all information and evidence that comes into the enquiry and to adduce it all to the court.”
Mr Langhorn asks him to talk the jury through a series of calls.
On August 12, he says there is a call from Niall Barry to David McCaig at 11.11am.
Mr McCaig then calls a Brian Gowland, until 11.26. A minute later Mr McCaig calls Niall Barry back for one minute and six seconds.
Then there is a call from Mr McCaig to Mr Gowland.
That evening, around 7.40pm, CCTV shows Niall Barry approaching the flat at 267 Pilch Lane. He does not leave until August 15, at 19.27.

 
16:25ABIGAIL NICHOLSON

Texts and calls between six days before Ashley's death​

Mr Langhorn asks DS Sutton about August 15. There are calls at 11.05 from McCaig to Witham. At 11.07 there is a call attempt from McCaig to Witham.
At 11.13 there are two call attempts from Witham to one of Niall Barry’s numbers. Both are forwarded to voicemail.
At 11.50 there is a text from Niall Barry to a number saved as Brew New.
At 13.28 there is an eight second phone call from McCaig to Witham. A CCTV still shows McCaig, wearing a pink shirt and jeans, arriving at 267 Pilch Lane.
While in the flat, McCaig sent a series of messages to Brian Gowland. “Can get up to you if you need me to mate.”
“Got loads on later you see.”
At 13.53 there is a missed Whatsapp video call from McCaig to Gowland.
At 13.55 Gowland sends a WhatsApp to McCaig: “M33 5LB let me know.”
DS Sutton says that is a postcode in Manchester. McCaig and Barry were both in the flat at the time those messages were sent.
Further CCTV shows McCaig leave 267 Pilch Lane with James Witham. They turn left onto Page Moss Lane. McCaig has a mobile phone to his ear.
At 14.09 Witham calls Barry for 26 seconds. At 14.37 Witham calls Barry for 19 seconds. At 14.41 Witham calls Barry again for 14 seconds.
DS Sutton says the Audi S3 is shown parking on Pilch Lane.

16:36ABIGAIL NICHOLSON

McCaig and Witham travel to collect Hyundai i30n​

Mr Langhorn says McCaig and Witham are seen approaching the flat, before McCaig leaves again.
McCaig then gets back into the Audi and drives away.
At 14.43, Witham makes an attempted voice call to McCaig. McCaig calls him back for 55 seconds.
The number saved as Brew New calls Barry, and then texts Barry “Got car for you”.
Brew New then calls McCaig.
Further footage of McCaig and Witham shows them walking down Pilch Lane towards Roby Road.
At 15.51 McCaig texts Gowland; “25 mins away bro”.
McCaig texts him: “Just in this carwash facing church”.
A map is displayed to the jury showing an ANPR camera hit for the Audi S3. ANPR are cameras that record registration numbers as they pass.
At 15.27 there is a cell site for Witham’s phone in the L35 area. Other cell site hits show his phone in Warrington and Manchester.
DS Sutton summarises: “David McCaig and James Witham have travelled to Manchester in the Audi S3 when it was exchanged for the grey Hyundai i30n high performance vehicle.”
While in the Manchester area, Witham called Barry. At 18.02 Barry called Witham for 20 seconds. At 18.12, Barry calls Witham for 13 seconds.
At 18.35 Barry texts Zeisz. At 18.36 Barry calls McCaig, and then a short time later Witham calls Barry twice.
A further map shows the return journey from Manchester to Pilch Lane.CCTV shows McCaig and Witham arriving back at Pilch Lane.
After the two men arrived back, Barry calls the number Brew New for 25 seconds. Brew New had texted Barry earlier that day suggesting he had a “car for you.”

16:37ABIGAIL NICHOLSON

Court adjourned for the day​

Mr Langhorn suggests that would be a convenient moment to adjourn for today.
The jury are asked to return at 10.30am tomorrow. Thanks for following our live updates, we will resume our coverage tomorrow.

 
16:25ABIGAIL NICHOLSON

Texts and calls between six days before Ashley's death​

Mr Langhorn asks DS Sutton about August 15. There are calls at 11.05 from McCaig to Witham. At 11.07 there is a call attempt from McCaig to Witham.
At 11.13 there are two call attempts from Witham to one of Niall Barry’s numbers. Both are forwarded to voicemail.
At 11.50 there is a text from Niall Barry to a number saved as Brew New.
At 13.28 there is an eight second phone call from McCaig to Witham. A CCTV still shows McCaig, wearing a pink shirt and jeans, arriving at 267 Pilch Lane.
While in the flat, McCaig sent a series of messages to Brian Gowland. “Can get up to you if you need me to mate.”
“Got loads on later you see.”
At 13.53 there is a missed Whatsapp video call from McCaig to Gowland.
At 13.55 Gowland sends a WhatsApp to McCaig: “M33 5LB let me know.”
DS Sutton says that is a postcode in Manchester. McCaig and Barry were both in the flat at the time those messages were sent.
Further CCTV shows McCaig leave 267 Pilch Lane with James Witham. They turn left onto Page Moss Lane. McCaig has a mobile phone to his ear.
At 14.09 Witham calls Barry for 26 seconds. At 14.37 Witham calls Barry for 19 seconds. At 14.41 Witham calls Barry again for 14 seconds.
DS Sutton says the Audi S3 is shown parking on Pilch Lane.

16:36ABIGAIL NICHOLSON

McCaig and Witham travel to collect Hyundai i30n​

Mr Langhorn says McCaig and Witham are seen approaching the flat, before McCaig leaves again.
McCaig then gets back into the Audi and drives away.
At 14.43, Witham makes an attempted voice call to McCaig. McCaig calls him back for 55 seconds.
The number saved as Brew New calls Barry, and then texts Barry “Got car for you”.
Brew New then calls McCaig.
Further footage of McCaig and Witham shows them walking down Pilch Lane towards Roby Road.
At 15.51 McCaig texts Gowland; “25 mins away bro”.
McCaig texts him: “Just in this carwash facing church”.
A map is displayed to the jury showing an ANPR camera hit for the Audi S3. ANPR are cameras that record registration numbers as they pass.
At 15.27 there is a cell site for Witham’s phone in the L35 area. Other cell site hits show his phone in Warrington and Manchester.
DS Sutton summarises: “David McCaig and James Witham have travelled to Manchester in the Audi S3 when it was exchanged for the grey Hyundai i30n high performance vehicle.”
While in the Manchester area, Witham called Barry. At 18.02 Barry called Witham for 20 seconds. At 18.12, Barry calls Witham for 13 seconds.
At 18.35 Barry texts Zeisz. At 18.36 Barry calls McCaig, and then a short time later Witham calls Barry twice.
A further map shows the return journey from Manchester to Pilch Lane.CCTV shows McCaig and Witham arriving back at Pilch Lane.
After the two men arrived back, Barry calls the number Brew New for 25 seconds. Brew New had texted Barry earlier that day suggesting he had a “car for you.”

16:37ABIGAIL NICHOLSON

Court adjourned for the day​

Mr Langhorn suggests that would be a convenient moment to adjourn for today.
The jury are asked to return at 10.30am tomorrow. Thanks for following our live updates, we will resume our coverage tomorrow.

Thanks for updates
 
11:15ELLEN KIRWIN

Sergeant Sutton is back on the witness stand​

Justice Goose apologises for the delay.
Detective Sergeant Graham Sutton is back on the witness stand.
Alex Langhorn, junior counsel for the prosecution, will continue taking the jury through the sequence of events around Ashley’s death.
CCTV footage from Pilch Lane, on August 15 last year, is played to the jury which shows David McCaig, Niall Barry and James Witham exiting the flat at 267 Pilch Lane and walking onto Page Moss Lane.
At the time, a phone attributed to Sean Zeisz is cell sited in the L14 area.
At 20.01, the grey Hyundai drives along Pilch Lane, and Witham and Michael Kershaw exit at the junction with Page Moss Lane. The car then drives out of view onto Page Moss Lane.
Two minutes later Niall Barry and Sean Zeisz appear on the camera walking towards the flat from the direction of Page Moss Lane. DS Sutton says they are coming from the area where the Hyundai was seen turning left moments earlier.
Mr Langhorn reads an agreed fact. In August the Go Local shop on Pilch Lane was open from 7am to 1am on Saturdays and Sundays.
He says Brian Gowland was the registered keeper of a grey Hyundai i30n since May 14 2022.
He says Gowland was spoken to about the car and WhatsApp chats with David McCaig, but refused to assist the police.
DS Sutton says the registered keeper is the legal owner of a vehicle.
Mr Langorn says on August 16, Barry’s girlfriend Lucy Worley sent him a text saying: “Only wanna know me when it suits you think it’s mad how much you have changed in the last three or so months.”
A draft text message, saved in a phone attributed to Barry, contains the registration number SC19 CPU followed by a phone number. DS Sutton says this is the reg of some cloned plates which were found on the Hyundai.
Barry tries to call that number twice, connecting for 15 seconds shortly before 4pm.
The phone was cell-siting in the location including Pilch Lane at the time.
On August 18, at 6.04 Peers called Kallum Radford for 56 seconds. 40 minutes later there was a call from Peers to Radford which did not connect, but Radford called him back and there was a connection for just over a minute.

 
11:30ELLEN KIRWIN

Ashley Dale has Snapchat picture with Niall Barry and Lee Harrison​

Mr Langhorn says on August 19 Ashley Dale sends a Snapchat message to Lois, saying “four years ago today” followed by a selfie photograph including Niall Barry, Lee Harrison, a friend and herself.
A second message shows an image including Sean Zeisz, Niall Barry and Lee Harrison.
Ashley adds: “Madness”. Lois replied “Omfg wow.”
Ashley says: “Four years the difference.”

11:31ELLEN KIRWIN

Details of the Hyundai i30n journey​

Mr Langhorn moves on to a journey taken by the Hyundai i30n travelling to North Wales, also on August 19.
CCTV on Pilch Lane shows the vehicle arriving. Further footage shows David McCaig and an unidentified male walking from Wyndham Avenue towards 267 Pilch Lane.
DS Sutton says five minutes later the unidentified male exits the flat and walks out of view.
Half an hour later, Witham and McCaig leave 267 Pilch Lane, cross over the road and walk along Wyndham Avenue out of view.
DS Sutton confirms Wyndham Avenue is a one-way street, and you cannot drive from Wyndham Avenue back on to Pilch Lane.
A couple of minutes later the grey Hyundai is seen driving from Pilch Lane onto Page Moss Lane.
Two minutes later, more CCTV footage shows Witham walking from the direction of Page Moss Lane and entering the flat at 267 Pilch Lane. He is wearing a blue t-shirt and shorts and carrying a black jacket in his left hand.
Witham spends two minutes inside the flat before leaving again and turning left onto Page Moss Lane. He is now wearing the jacket.
A further two minutes on, and the Hyundai is seen driving along Pilch Lane towards Pilch Lane East.
At 12.50, around 34 minutes later the grey Hyundai drives back along Pilch Lane and turns left onto Page Moss Lane.
Witham is then seen walking back towards Pilch Lane.
Joseph Peers is recorded walking from Wyndham Avenue and can be seen waiting outside the flat on Pilch Lane. A short time later Witham and McCaig are seen together walking along Pilch Lane towards the flat.
At 13.10, Witham leaves the flat again and enters the Go Local shop, and then returns to the flat.
Thirty three minutes later, Barry, Witham, Peers and McCaig exit 267 Pilch Lane and cross towards Wyndham Avenue.

 
11:59ELLEN KIRWIN

Details of CCTV footage and cell site locations​

Mr Langhorn displays a map on the screen showing a section of the North West and North Wales.
The map has cell site locations marked in different coloured boxes. DS Sutton says the Hyundai was also recorded on automatic number plate recognition cameras (ANPR).
DS Sutton talks through cell site locations of phones attributed to Witham, McCaig and Peers. On the M56 at 14.33, a phone referred to as the ‘Kyle Line’ is cell sited heading towards North Wales.
At 16.23 the Hyundai is captured on an ANPR near Rhyl. A short time later the ‘Kyle Line’ phone is cell sited in the North Wales area.
Handsets for Peers, Witham and McCaig are also cell-sited in the North Wales area.
DS Sutton says t 16.38, Witham Peers and McCaig are seen in the Hyundai in Abergele.
A CCTV camera in North Wales shows the Hyundai driving across a junction. Another camera captures David McCaig and Joseph Peers walking into a Co-op store in Abergele.
Mr Langhorn shows the Co-op on a map in Marine Road. DS Sutton says the ‘Kyle Line’ phone is also cell-siting in that area. The Kyle Line attempts to phone a woman called Cathy Doyle, who lives in the local area.
DS Sutton says Witham and McCaig buy items in the Co-op, before returning to the Hyundai, which then drives towards Marine Terrace. CCTV shows them inside the Co-op. They then exit with Peers carrying a green plastic bag.
Another camera shows them walking to the Hyundai, which is parked at the side of a road. Witham can be seen standing next to the vehicle
At 16.46, the Hyundai turns left of Kingsway onto Marine Terrace in Abergele, before travelling onwards into North Wales.
Further footage from local council CCTV cameras shows the car travelling through Abergele.
The map showing cell site locations again. At 17.06, the Kyle Line number is cell-sited in Prestatyn.
At 17.36 McCaig’s phone made contact with a cell mast, as did Witham’s phone. At 17.46, in Connah’s Quay, there is an ANPR hit for the Hyundai.
At 17.48, McCaig’s phone cell-sites in a mast near Burton. At 17.52, Barry’s personal number is “reactivated”.
AL: “Is that the first record we have of it being used then since 12.50 or thereabouts when it was in Liverpool?”
DS Sutton: “Yes.”
He says McCaig, Witham and Peers’s phones all connected to the network in that period.
At 18.16, the Hyundai is captured on CCTV travelling through the Kingsway Tunnel in Wirral towards Liverpool.
DS Sutton says the Hyundai was captured on several CCTV cameras travelling through Liverpool on its way back to Huyton.
DS Sutton says at 18.44, Barry, Witham, Peers and McCaig are seen arriving in Pilch Lane alongside the Hyundai.

12:10ELLEN KIRWIN

Comings and goings from 267 Pilch Lane​

Mr Langhorn plays the footage of the Hyundai travelling through Liverpool back towards Huyton, including on City Road in the direction of Church Road.
CCTV footage from Pilch Lane is now played, showing the Hyundai arriving back at 18.44. Three minutes later, Barry, McCaig, Witham and Peers are seen walking across Pilch Lane from the direction of Wyndham Avenue, and enter the flat at 267.
Mr Langhorn asks DS Sutton to confirm the journey the Hyundai took that day was from the flat, to North Wales, and back again.
Mr Langhorn asks if the number plate associated with the Hyundai, or any plates associated with it, were active at any other time that day. DS Sutton says no.
Shortly after 7pm, McCaig, Peers and Witham leave the flat. Barry is not seen to leave.
CCTV a couple of minutes later shows the Hyundai driving towards Pilch Lane East.
DS Sutton says eight minutes later, an unknown male walks from Wyndham Avenue and enters 267 Pilch Lane. He is inside for around six minutes, before leaving and walking away in the same direction he came from.
At 19.40, the Hyundai passes the flat again, and turns right onto Childwall Lane. A camera at the post office on Childwall Lane captures the Hyundai passing.
At 19.42, Witham, Peers and Fitzgibbon are captured on CCTV entering the Co-op on Pilch Lane.
Witham leaves with a multipack of bottled water.
The three men then return to 267 Pilch Lane at 19.45
At 23.30, CCTV shows Ian Fitzgibbon leave the flat and drive away in a black Volkswagen Golf. DS Sutton says none of the other men - Barry, Witham or Peers - have left the flat in that time.
Mr Langhorn says we will now move on to the hours leading up to the fatal shooting.

 
12:32ELLEN KIRWIN

Witham goes to buy trainers at Taskers​

Mr Langorn says the next sequence refers to August 20.
At 00.21, CCTV footage shows Joseph Peers and an unidentified man leave 267 Pilch Lane and get into a taxi, which drives away in the direction of Roby Road.
DS Sutton again confirms neither Barry or Witham have left the flat at this point.
At 10.07, Witham is recorded exiting the flat and entering the Go Local shop on Pilch Lane. Around one minute later, Witham’s phone calls a number attributed to Ian Fitzgibbon for 21 seconds.
Witham then leaves the Go Local and enters the Rustle Up cafe. Witham’s phone then receives a text message from Fitzgibbon’s number.
A few minutes later Witham exits the cafe and turns right towards Childwall Lane. The black Volskwagen Golf is parked on the side of the road, and Witham approaches it and gets inside.
The VW Golf then drives along Pilch Lane. DS Sutton says at 11.12 Witham’s phone is connecting to a mast in the L9 area.. At 11.15, Witham and Fitzgibbon are seen in the VW Golf entering the carpark for Taskers Sports Shop in Aintree.
Witham is seen entering the shop, while Fitzgibbon stays by the car. Footage from inside Taskers sports shop, DS Sutton confirms, shows Witham buying a pair of ON Cloud trainers, size eight and a half.
Witham is then recorded returning to the VW Golf, before the two men drive away.
The jury are shown a picture of the trainers purchased by Witham. The screen also shows a copy of the receipt obtained from Taskers. It shows the trainers, costing £155, were purchased on a credit card.
At 11.16, Peers phone sends a message to Witham. 24 seconds later, Witham calls Peers for one minute 30 seconds.

12:35ELLEN KIRWIN

Further details of movements in the hours before the shooting​

Around an hour and 15 minutes later, Peers’ phone is connecting to a mast in the L14 area, and calls Witham for one minute and 52 seconds.
Witham, cell-siting in L36, attempts to call Barry, but the call does not connect. Barry calls Witham back for 51 seconds.
DS Sutton confirms Barry has still not left the flat on Pilch Lane.
At 14.39, Barry, who is still in the flat, calls Peers for one minute and three seconds. After that call, Barry does not use that handset again.
At 14.51, Fitzgibbon’s phone was connecting to a mast in L14 0JF. At 14.53, the black VW Golf returns to Pilch Lane. Fitzgibbon and Peers both enter the Go Local on Pilch Lane.
Peers is seen on CCTV outside the shop with a phone to his ear. DS Sutton says his call records show he was attempting to call Barry.
Peers and Fitzgibbon then enter 267 Pilch Lane. DS Sutton confirms that Barry was still in the flat at that point.
He says Witham and Michael Kershaw are attending an Everton football match at Goodison Park at that point in the day. There is a transaction for Witham at Willow Catering, at 14,27, which provides catering at Goodison Park.
At 15.33, Peers leaves 267 Pilch Lane, enters the Go Local and then leaves carrying a blue plastic bag, crossing in the direction of Childwall Lane.
A few minutes later he comes back in the same direction, still carrying the blue bag, and returns to the flat at 267 Pilch Lane.
At 17.37, Peers then exits 267 Pilch Lane again and crosses towards the junction with Wyndham Avenue.
DS Sutton says Barry and Fitzgibbon have not left the flat in that time.

 
12:55ELLEN KIRWIN

Further CCTV footage shown​

Mr Langhorn says Peers then returns to Pilch Lane carrying the blue bag, approaches a taxi at the rear and then walks away no longer carrying the blue back.
He then walks back towards 267 Pilch Lane and returns to the flat.
At 17.52 Peers and Fitzgibbon leave the flat and enter the Go Local, make a purchase and return to the flat. Footage from inside the shop shows them selecting some sweets and buying coffee from a coffee machine.
DS Sutton confirms Fitzgibbon had not left the flat for three hours before visiting the shop. Barry has still not left the flat since August 19.
DS Sutton says while in the shop, Peers and Fitzgibbon purchased a pay as you go top-up for Niall Barry. A still is shown showing Peers holding a card in his hand.
At 18.03, a new Nokia number activates which the police say is used by Barry. It cell sites in the L14 area.
Mr Langhorn tells the jury at around 19.00 Rodney Peters, a Hackney cab driver, picked up James Witham and Michael Kershaw in Green Lane Liverpool, and was told to drive them towards the Greyhound roundabout. He was asked to stop by the Go Local on Pilch Lane. They paid the fare in cash and exited.
DS Sutton says at around 19.20, private CCTV camera shows Witham and Kershaw exit the taxi before walking towards 267 Pilch Lane. CCTV shows them entering the flat.
At 19.42, Witham, Peers and Fitzgibbon leave the flat and walk across towards the junction with Wyndham Avenue.
Further footage from a private CCTV camera shows the grey Hyundai driving away.
At 19.50 Peers phone connects to a cell mast near Alder Hey Children’s Hospital. Witham’s phone connects to a mast east of that in L14. Fitzgibbon’s phone connects to the same mast.
At 19.54 CCTV on Childwall Lane shows the Hyundai passing and driving towards Page Moss Lane. It pulls in on the kerbside near Adisco Food and Wine.
CCTV shows Witham and Peers enter Adisco and make some purchases before returning to the Hyundai.
Witham and Peers appear to buy a box of beer and then leave carrying the booze in blue plastic bags.
They leave the shop and chat to a woman dressed in pink, whose face has been blurred. They hand something to the woman and then return to the car.
Mr Langhorn: “What is Mr Witham wearing at this point in the day?”
DS Sutton: “He is wearing the trainers he purchased earlier in the day from Taskers, the ON Cloud Flyer trainers.”
At 20.21 the Hyundai leaves Adisco and drives onto Page Moss Lane before turning left onto Aldwark Road.

 
13:05ELLEN KIRWIN

Movements of suspects to and from Pilch Lane flat​

Mr Langhorn says shortly before the Hyundai leaves, a male on an electric bike approaches the Hyundai and then cycles away.
At 20.25, a taxi driver is seen pulling up outside 267 Pilch Lane. The driver appears to be delivering food to the flat. He walks towards the flat carrying two brown paper bags.
DS Sutton confirms Barry is still within the flat.
At 20.24, the Hyundai returns to Pilch Lane and turns right onto Wyndham Avenue.
As it is making that turn, there is a phone call from Witham’s phone to Barry’s phone for six seconds. A minute later there is a further call from Witham to Kershaw for 32 seconds.
Witham, Peers and Fitzgibbon then walk towards the flat, as the delivery driver leaves and returns to his taxi.
Mr Langhorn said the men had been out around 46 minutes. DS Sutton confirms Barry had not left the flat in that time.
At 20.32, Fitzgibbon leaves the flat and visits Chan’s Fish and Chip shop, before returning to the flat.
At 21.13, a silver Mercedes turns right onto Pilch Lane and parks up opposite. At 21.14 Sean Zeisz calls Peers, who is inside the flat.
DS Sutton says at this point Zeisz had use of a silver Mercedes. CCTV shows Zeisz appear from next to a bus-stop and hang around Chan’s fish and chip shop for around 12 minutes. He then enters the flat at 267 Pilch Lane.
Justice Goose says we will adjourn for lunch, and return at 2.10pm.

 
14:26OLIVIA WILLIAMS

CCTV of car journeys​

Mr Langhorn returns to the sequence of events.
He asks DS Graeme Sutton to confirm that Barry, Witham, Fitzgibbon, Peers and Zeisz are all in the flat by 21.30 on August 20.
At 22.08, there is a text from Zeisz’s phone to Liv McDowell saying: “U out r ye”. At 22.09 Liv replies: “No.”
DS Sutton confirms Ms McDowell is Fitzgibbon’s cousin.
At 22.09 Joseph Peers and James Witham exit the flat at 267 Pilch Lane and cross in the direction of Wyndham Avenue. This is captured on CCTV.
Witham is wearing shorts, and Peers is wearing white trainers. They walk together towards Wyndham Avenue.
At 22.11 there is a text from Ms McDowell to Zeisz, saying: “In my nan’s”.
Seven minutes later Fitzgibbon sends a text message to Witham. Fitzgibbon and Zeisz are both in the flat at this point.
Mr Langhorn displays a map showing locations where CCTV has been recovered showing the next journeys.
An interactive map will also show the movements of the grey Hyundai and a red Volkswagen.
DS Sutton says the map shows Ashley’s home address in Leinster Road. CCTV shows the Hyundai with a red Volkswagen passing a camera on Broad Green Road. Both cars turn right into Glen Road, which is a dead end. Footage from Glen Road shows the cars pass.
One minute later the two vehicles pass back along Glen Road left onto Broad Green Road. The cars both pass a camera on Oak Vale Road.

14:38OLIVIA WILLIAMS

Phone activity​

Mr Langhorn plays footage of the two vehicles returning along Broad Green Road in the direction of Queen’s Drive.
DS Sutton confirms the vehicles have travelled in the roads “just south” of Ashley’s home address.
At 22.23, Witham’s phone was cell siting in L36 3SA area. This is a short distance from his home address in Ashbury Road.
At 22.43, it then connects to a mast in L34 1QD. It then connects to masts in L36 3RN at 22.47 and 22.49.
At 22.23.17 Witham texts Fitzgibbon, who is in the flat in Pilch Lane.
Fitzgibbon’s phone 13 seconds later sends a text to Witham. 26 seconds later Witham’s phone sends a message to Fitzgibbon’s phone.
DS Sutton confirms Barry and Zeisz are also still in the flat.
20 minutes later, at 22.43, Barry’s phone attempts to call Witham but it does not connect. A few seconds later he calls Peers. It appears Peers’ phone however, is not in use.
Barry’s phone is then not in use until around 8.00 on August 21. Barry's second phone, at 22.47, makes a 25 second call to an Apple ID verification. He is in the flat, as are Fitzgibbon and Zeisz.
At 22.54, Witham calls Barry Westal three times on two different numbers attributed to Westall.
At 23.06, Fitzgibbon, Zeisz and Barry all remain in the flat. Fitzgibbon attempts to call Witham, but the call is forwarded to voicemail. Nine seconds later Zeisz makes a three second voice call to Peers.
A second later Fitzgibbon makes a one second call to Peers. 21 seconds later Fitzgibbon attempts to make a voice call to Witham, but it forwards.
DS Sutton confirms Barry has not left the flat.

14:53OLIVIA WILLIAMS

Movement of grey Hyundai​

Mr Langhorn says at 23.07, there is a “last ANPR activation” for the “true plates” associated with the Hyundai, ending KXT.
At this time Witham is connected to a mast in L36 3SA. Peers phone connects to a cell mast in L36 9GF at 23.09.
At 23.08, Fitzgibbon sends a message to Witham, which is now cell siting in L34. A minute and a half later Zeisz makes a 23 second call to Peers, who is cell siting in L36 9GF.
A map shows further cell site connections in the next minutes. Peers phone last connects to the network before the shooting at 23.10.
At 23.18, CCTV shows the grey Hyundai crossing Pilch Lane, travelling on Page Moss Lane towards Childwall Lane before turning right onto Milton Avenue.
Witham’s phone is in the area of L14, near to East Prescot Road. At 23.21, Witham’s phone connects to the network for the last time before the shooting.
The next map shows Leinster Road, with a box marking the “crime scene”. The locations of CCTV cameras are also marked out.
DS Sutton says there are two cameras looking out onto Oakhill Road, which look into the junction with Leinster Road.
There is a doorbell camera on Leinster Road. There is a private camera overlooking Leinster Road by the junction with East Prescot Road.
DS Sutton says an interactive map will now show the movements of the grey Hyundai. CCTV shows the car drive onto Leinster Road, before going out of view and then being picked up by the doorbell camera.
One minute and seven seconds later, that camera picks up the vehicle turning right out of Leinster Road at the junction of Prescot Road towards Queens Drive.

 

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