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

[Legally Bland]

14:59KEY EVENT

Ashley's last message to mum​

Mr Langhorn says at 23.36, Niall Barry used his phone to make a Google search for the Liverpool Echo.
In the meantime, the Hyundai is turning into Leinster Road.
At 23.38, the Hyundai is seen turning onto Prescot Road. Heavy rain is visible in the footage.
Messages recovered from Ashley Dale’s phone at 23.40. At that time Ashley sent Harrison a message: “Now my car alarm is going off”.
Six minutes later she texts her mum by WhatsApp: “The rain just set my car alarm off x”.
Three seconds later: “Was it thunder x”.
A few minutes later she messages her friend Lois: “Any need for my child” with a crying emoji. This is accompanied by a picture of Ashley on her couch posing with her dog.
“I’ve never known anything like it. She is scared of something outside. Before in the back, a cat or a rat or something. She’s got me nerves gone cos am scared of both.”
“And now won’t leave me side like an actual baby”.
Ashley’s mum, Julie Dale, responds saying: “Bloody hell really. Wanna see the leaves round here.”
Ashley replies: “Saw that on the news today. Because of the heatwave. World’s ending.”
That is the last message to her mum.
Lois then replies: “Awww girl. I want her. She’s so cute. She looks so cosy.”
Some of Ashley’s family are in tears in the public gallery.

15:11OLIVIA WILLIAMS

Lee Harrison to Ashley Dale: 'You think you're in a horror movie'​

The jury are shown photographs of damage to the tyres of Ashley’s white Volkswagen T-Roc. Three of the four tyres were punctured.
Close up images of slash marks to the tyres are displayed on the screens. Both rear tyres and the front driver’s side had been damaged.
Mr Langhord tells the jury we will now move to the hour of the shooting.
At 00.01 on August 21, a message from Harrison to Ashley Dale reads: “hahahaha you think you’re in a horror movie” with two crying laughing emojis.
A few seconds later he says: “Are you ok?” This is followed by “Alive?”.
A few seconds later, Ashley replies: “No, I’m dead”.
Mr Langhorn displays a map showing Leinster Road, and the cameras. The Hyundai is shown heading along Oakhill Road past the junction with Leinster Road and turns down Baden Road.
The car goes out of view. 54 seconds later it returns back the same way towards Leinster Road. It turns into Leinster Road, pauses briefly, and then slowly moves towards Ashley’s home address, which is not covered by any camera.
Two minutes and 36 seconds later, we then see it exiting Leinster Road and turning right into Prescot Road. As it turns right, it is picked up by a camera at Kathryn’s Store, and heads towards Queen’s Drive.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

15:42ABIGAIL NICHOLSON

Ashley tried to call her boyfriend after being shot​

The CCTV is played again. DS Sutton says two people on foot pass the Hyundai as it moves into Leinster Road at 00.30.
Three minutes later a camera at the opposite end of Leinster Road captures it leaving onto Prescot Road.
Mr Langhorn asks if Ashley’s phone did anything at 00.30. DS Sutton says at 00.32 a sensor on Ashley’s phone showed it moved a distance of five steps, a distance of 4.33 metres. At 00.33, a one minute 43 second voicemail call was made to Lee Harrison. Harrison did not answer that call.
At 00.37, a Ring doorbell camera opposite Ashley’s home activates. It shows the front door of Ashley’s home is missing. The jury hears the camera is only activated by movement up to the front gate of the property.
Mr Langhorn says a 999 call was made at 00.41 by a man called Colin Morris. At 02.27, officers attended at Mr Morris’s home address where they used their body worn cameras to record some footage from his front garden. Mr Morris lives in Munster Road, which runs parallel to Leinster Road, with houses backing on to each other.
The court takes a short break.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

15:57ABIGAIL NICHOLSON

Audio of 999 call played to court​

Mr Langhorn returns to the 999 call at 00.41 on August 21, from Colin Morris.
The audio of the call is played in court.
CM: “Hiya love we live in Old Swan, L14, I have just recently heard a loud noise in the back I didn’t know what it was I heard a person moaning…I have leaned over the back and there’s a lady lying there groaning, in a shorts and t-shirt.”
Mr Morris says the woman is lying on her back in her back yard.
“She looks like she is struggling. I have literally stood on my own back wall.”
The operator asks if they can speak to the women.
CM: “We have shouted hello are you ok, there’s no response.”
O: “Is she breathing?”
CM: “She is making a groaning noise, like she’s breathing yeah.”
Mr Morris describes the location. He says he will open the alley gates to allow access.
Mr Morris offers to go out in the back to work out the woman’s address. The 999 call ends.

Crime scene photos shown to jury​

The jury are now shown crime scene photographs, including a lay out of the ground floor. A photo shows the back yard and the front door.

Markers showing where ballistic evidence was found in the house are included.

Photos of 15 bullet cases, fragments and heads are shown next to yellow crime scene markers.

DS Sutton says the bullet fragments were recovered throughout the hallway, the dining room and the kitchen.

The jury are shown images of the dining room. Above the door into the kitchen are three bullet holes, with another to the side of the doorway.

A photograph of the front doorway is shown. DS Sutton says the internal panel including the windows and letter box is on the floor in the hallway. The frame of the door including the handle is intact.

The jury are shown a floor plan of the upstairs of the property.

To the right of the top of the stairs is a rear bedroom. A photograph shows five bullet holes in the back wall of the bedroom. There are also bullet casings, fragments and heads on the floor.

One of the casings in the bedroom, DS Sutton says, was found to bear traces of the DNA of James Witham.

The jury are shown a photograph of footwear marks recovered by a crime scene investigator from the internal panel of the front door. Mr Langhorn says there “in due course” will be expert evidence called on the footwear marks and ballistics.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

16:15ABIGAIL NICHOLSON

Ashley's dad walks out of court as police bodycam footage shown​

Mr Langhorn says there are further footwear marks in the downstairs of the property.
Mr Langhorn says we will “return to Pilch Lane” at 00.44.
At the Go Local at Pilch Lane, a black Volkswagen Golf pulls up outside. Ian Fitzgibbon leaves the flat at 267, goes into the shop, then exits and gets into the passenger side of the VW Golf.
CCTV of this movement is played to the jury.
At 00.47 and 00.48, there are two attempted calls by Zeisz to Peers, neither of which were answered.
At 00.49, Barry carries out a Google search for the Liverpool ECHO on his phone.
DS Sutton says the jury will now see body-worn footage from the first officers to attend Leinster Road.
Mr Langhorn says the footage has been edited short of the point where Ashley’s body is found.
An officer shouts: “Hello it’s the police if there’s anyone here make yourself known”.
There is no reply. The officers move through the property. One says: “Back door is open”.
The officer walks through the dining room into the kitchen, and begins to step outside. The footage has been edited to avoid showing Ashley’s body.
Ashley’s dad walks out of court.
Another clip shows an officer searching the upstairs of the property, in the bedroom. He can be heard saying “There’s one up here as well…”Another one up here.” The property is dark.
The chatter of police radios is audible as the search is carried out.
One officer finds a driving licence belonging to Lee Harrison, and can be heard relaying the details over the radio.
Officer: “A couple more up here.”
The footage ends

16:19ABIGAIL NICHOLSON

Ashley had CPR for over 30 minutes before being taken to surgery​

Mr Langhorn: “At approx 00.57, the ambulance and further police officers also began to arrive Sgt Duffy assisted paramedics taking their equipment to Leinster Road.”
He says the officer tried to preserve the scene, but inadvertently moved one bullet casing with his foot.
CPR was performed on Ashley, including by Sgt Duffy as she was placed into the ambulance.
She was taken to hospital with a police escort. While on route the officers continued performing CPR as the paramedics attempted to bandage Ashley’s wounds.
At hospital, it was determined that Ashley had not registered a pulse for 30 minutes and CPR was discontinued.
Ashley’s mum gets up and walks out of the courtroom.
A surgical intervention was attempted, but the doctors noted a bullet wound had led to significant blood loss.
Mr Langhorn says doctors attempted to relieve pressure on the heart, but an artery had been damaged. AL: “This is a catastrophic injury that cannot be repaired”.
Nevertheless the surgical team tried to repair the damage, but her heart could not be restarted.
The bullet had passed through the liver and close to the heart. At this point Ashley had been without a pulse for 45 minutes. At 01.48 on August 21, Ashley was pronounced dead.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

16:29ABIGAIL NICHOLSON

Timeline of call logs and messages after Ashley was shot heard in court​

Mr Langhorn says 00.58, Barry carried out another search for the Liverpool ECHO.
At 00.59, Peers called his girlfriend, Phoebe Birch.
At 01.01, Barry carries out two searches for the Liverpool ECHO crime section.
He carries out another search a few minutes later.
At 01.15, Peers calls Barry Westall.
At 01.18, Zeisz calls Peers for 15 seconds.
Peers then calls Westall again.
At 01.25, CCTV shows Witham and Peers walk from Page Moss Lane and enter the flat at 267 Pilch Lane.
At 01.38, Barry again searches for the Liverpool ECHO. At 01.48, Ashley Dale was pronounced dead.
At 02.23, Barry continues searching for the ECHO, again at 02.50 and again at 03.07 for the “crime section”.
At 03.16, Peers leaves 267 Pilch Lane alone and walks towards Page Moss Lane.
As he leaves, Peers calls Barry Westall for 16 seconds. He calls Westall again at 03.25 for 10 seconds.
At 03.33 Zeisz, on Whatsapp, sends a message to Olivia McDowell, “you up”.
At 03.39, a figure, believed to be Michael Kershaw, leaves Pilch Lane walking in the direction of Dovecot Avenue.
At 03.42, Peers calls Westall. At 03.45, McDowell messages Zeisz saying “Ye…phone been on charge.”
At 4.20, Witham leaves the flat on Pilch Lane and walks alone towards Page Moss Lane.
DS Sutton says left in the flat now is Zeisz and Barry.
At 4.21, Zeisz messages Ms McDowell saying: “Yo.”
At 09.26, there’s a press release posted by the ECHO related to the shooting of a woman in Leinster Road.
At 09.56, Barry carries out a Google search for the Liverpool ECHO. At 10.00, Barry calls his girlfriend Lucy Worley, for 20 seconds.
At 10.13, Olivia McDowell messages Zeisz saying “in me nan’s why”.
At 10.15 Zeisz replies: “Need to see ya ring u today.”
At 10.19 Barry calls Michael Kershaw.
At 10.53, Barry and Zeisz leave the flat on Pilch Lane and enter the Silver Mercedes. Barry is carrying two bags out of 267 Pilch Lane.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

16:38ABIGAIL NICHOLSON

All defendants leave the flat​

Mr Langhorn says phones linked to Barry and Zeisz cell site in the location of Pilch Lane at the time the two men leave.
At 11.09, the flat in Pilch Lane is empty for the first time since August 19.

16:39ABIGAIL NICHOLSON

Court adjourned for the day​

Mr Langhorn says that would be a convenient moment to adjourn until tomorrow morning.
The jury are excused. Thanks for following our live updates, we will return with further coverage at 10.30am tomorrow.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

Same link for updates. I can't copy them over at the moment but I'll catch up later if nobody else can do them.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

I heard woman scream get the *advertiser censored** out'​

The judge asks for the jury to be brought in.

Paul Greaney, KC, prosecuting, will begin by calling a witness who cannot be named for legal reasons.

We shall refer to her as ‘Neighbour A’.

She will be giving her evidence from behind a screen.

Justice Goose explains to the jury that they should not “hold this against” the defendant and it is a relatively common procedure in criminal cases.

The witness is sworn in and gives her name.

The woman says she lived near Ashley’s home at the time of the shooting. Mr Greaney begins his questions.

PG: “At about half past midnight that night where were you?"

NA: “I was in my house, in my bed”

She says her room was at “the back of the house”.

PG: “Were you asleep or awake?”

NA: “I was awake

PG: “Did something happen that drew your attention at about half past midnight?"

NA: “Yes.”

PG: “What was it?”

NA: “I heard a loud drilling noise.”

PG: “Something like the noise of a hand drill?”

NA: “Yes.”

PG: “For how long did the noise last at that stage?”

NA:“About two to three seconds.”

PG: “Were you able to form any view about where that noise was coming from?”

NA “Yes.”

PG: “What was your impression about where the noise was coming from?”

NA: “I thought it was coming from [Ashley’s address].

PG “You heard a drilling sound. Did anything else happen?”

NA: “I paused my TV and I heard another drilling noise.”

PG “You were in bed, and the first time you heard the drilling noise your television set was on?”

NA: “Yes.”

PG:“Does it follow you were able to hear the drilling noise over the sound of your television set?...Was you sound on loud, quiet or medium?”

NA: “Medium.”

PG: “You heard the noise for a couple of seconds. You turned your television set off or down?”

NA: “Off.”

PG “Then you heard another drilling noise?”

NA: “Yes.”

PG: “Before the first drilling noise and the second noise starting how much time passed?”

NA: “Around five seconds.”

PG: “How loud was the second drilling noise you heard?”

NA: “The same as the first.”

PG: “How long did it last for?”

NA: “Two to three seconds.”

PG: “Was that an end to it or did you see or hear anything afterwards?”

NA: “Yes I heard something afterwards.”

PG: ““How long after the drilling noise ended?”

NA: “Two seconds.”

PG: “What did you hear?”

NA: “I heard a girl scream and then I heard a scream again saying ‘get the *advertiser censored** out’.”

PG: “You heard a scream that seemed to be from a woman?”

NA: “Yes.”

PG: “How loud?”

NA: “Really loud.”

PG: “Did it seem to be coming from the place you described earlier or somewhere else?”

NA: “The place I described earlier.”

PG: “Then you heard a voice, was it again a female voice?”

NA: “Yes.”

PG: “Scream get the *advertiser censored** out’?”

NA: “Yes.”

PG: “How loud was that?”

NA: “Really loud.”

PG: “How long after the first scream did you hear the voice scream get the *advertiser censored* out?"

NA: “Straight after.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Witness 'had no difficulty hearing scream'​

Mr Greaney continues his questioning of Neighbour A.
PG: “Let me make sure I’m clear. We have the first drilling noise which lasts a couple of seconds. We have five seconds and then the second drilling noise. How long after was the first scream?”
NA: “I think around three seconds.”
PG: “Straight after the first scream, came the scream of get the *advertiser censored** out?”
NA: “Yes.”
PG: “Did the scream of get the *advertiser censored** out seem to come from the same area as the earlier noise or some different place?”
NA: “The same place.”
PG: “Did you hear anything else after that?”
NA: “Not until the police arrived.”
PG: “How did you know the police arrived?”
NA: “They knocked at my door.”
PG: “Did you speak to them?”
NA: “Yes.”
PG: “Did you tell them what you had heard?”
NA: “Not at that time.”
PG: “But in due course did you provide a witness statement to the police?”
NA: “Yes.”
PG: “You’re in your bedroom at the back of your house. Was the window of your bedroom open or closed?”
NA: “Closed.”
PG: “Were the curtains open or drawn?”
NA: “Open.”
PG: “From your bed you were able to hear the sounds you have told us about?”
NA: “Yes.”
PG: “Did you have any difficulty hearing those words get the *advertiser censored** out?”
NA: “No.”
Mr Greaney has no further questions for the witness.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Witness 'not able to say' if noise was inside or outside​

Richard Pratt, KC, will now cross-examine the witness on behalf of James Witham.
Mr Pratt suggests based on the evidence of Neighbour A, the drilling noises and screams would have lasted “around 15 seconds or thereabouts”.
RP: “You didn’t hear anything before or anything afterwards?”
NA: “No.”
RP: “The last thing you heard was get the *advertiser censored** out?”
NA: “Yes.”
RP “That was after you heard two episodes of what you thought to be a drilling sound?”
NA: “Yes.”
RP: “The voice, when it shouted get the *advertiser censored** out, could you say whether it was coming from the back?”
NA: “Yes.”
RP: “Was it coming from outside or inside the house?”
NA: “I’m not able to say.”
RP: “But you’re clear enough that it was from the back?”
NA: “Yes.”
RP: “You didn’t hear any vehicles or anything like that?”
NA: “No.”
Those are all the questions for the witness and she is excused.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Loud bang and a scream'​

Mr Greaney calls for the next witness.
She is another neighbour, who also cannot be named for legal reasons. We will refer to her as ‘Neighbour B’. She is also giving evidence from behind a screen and is sworn in before giving her name to the court.
The witness confirms she lived near Ashley’s home with her parents.
Mr Greaney asks: “Had you ever seen the persons that lived at number 40?”
NB: “I didn’t know them personally, just in passing. I knew the female but I didn’t know her name at the time.”
PG: “I’m going to ask you to take your mind back to a night in August, the 20th to the 21st. What had you spent the evening doing?”
NB: “I was watching the boxing, the Anthony Joshua fight.”
She says she then got ready for bed “like normal” and got into bed “just after 12, five past, 10 past maybe”.
Her bedroom was located at the front of the house overlooking Leinster Road.
She is asked whether her windows were open and replies: “I think one was open and one was closed.”
Her curtains were drawn.
NB: “I was just on my phone for a bit then tossing and turning, trying to go asleep.”
PG: “At about half past midnight did something happen?”
NB “Yes.”
PG: “What was the first thing that happened?”
NB: “A loud bang”
PG: “How long did that bang last for?”
NB: “It was a bang I’ve not heard before. At first I thought was it a firework. It was nearby.”
PG: “How long did it last for?”
NB: “A second I’d say, at first.”
PG: “Did that get your attention?”
NB: “At first yeah.”
PG: “Did you stay in bed or get out?”
NB: “I stayed in bed.”
PG: “What was the next thing that happened?”
NB: “A scream.”
PG: “How long after the bang did you hear the scream?”
NB: “Within seconds, I’d say.”
PG: “Did you gain any impression of where that scream was coming from?”
NB: “It sounded like it was in the street. I couldn’t tell if it was close. It was a loud scream.”
PG: “Was it a simple scream or did the scream contain some words?”
NB: “It was just a scream.
PG: “Were you able to tell if it was a man or a woman
NB: “It sounded like a female in terms of pitch.”
She adds:: “About five or six seconds later there was another scream, but it was nowhere near as loud as the first.”
PG: “Were you still in bed?”
NB: “Yeah.”
PG: “Did you hear something else?”
NB: “A minute or two later, I heard car doors slamming.”
PG: “Was it car doors or a car door?”
NB: “I’d say two, at least.”
PG: “And after that?”
NB: “Just a car speeding away, and that was it.”
PG: “Were you still in bed at that stage?”
NB: “Yeah.”
PG: “Could you gain any impression which direction the car went?”
NB: “I couldn’t.”
PG: “Did you have any idea what had been going on to make those noises?”
NB: “No, it’s a loud street so.”
PG: “Did you just stay in bed and in the end manage to get to sleep?”
NB: “Yeah.”
PG: “The next morning when you woke up did you go downstairs?”
NB: “Yes.”
PG: “Did you mention what you heard to your mum and dad?”
NB: “That was the first thing I mentioned, the bang and scream.”
PG: “Did your mum tell you you’d slept through the police knocking at your address?”
NB: “Yes.”
PG: “In due course did you give a witness statement to the police?”
NB: “Yes.”
Mr Greaney has no further questions for the prosecution.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

I'm shaky living in the area'​

Richard Pratt, KC, will now cross-examine Neighbour B on behalf of James Witham.

RP: “You were half asleep is that right?”

NB: “I was in the phase of tossing and turning but not fully asleep.”

RP: “Then you heard the loud bang. Then I think you said a short while later, how long after did you hear a scream?”

NB: “I’d say about five seconds.”

RP: “After you’d heard the screams you didn’t hear any more bangs?”

NB: “No.”

RP: “When you heard the female scream, you thought she was in the street?”

NB: “Yeah.”

RP: “You formed the view she was outdoors?”

NB: “Yeah.”

RP: “Did you say it was a loud street?”

NB: “Yeah.”

RP: “Nothing unusual, putting aside the bang, it could have been a firework. Nothing that caused you to get up and look out your window?”

NB: “No.”

RP: “There would be nothing unusual about car doors shutting.”

NB: “No.”

RP “Are you able to say in which direction it was?”

NB: “It sounded like it was directly outside the house, outside my window.”

Mr Pratt has no further questions.



Mr Greaney has further questions in re-examination.

PG: “How long after the second scream did you hear the car doors?”

NB: “I’d say within a minute. A minute or two.”

PG: “Nothing about these events made you get out of bed and go to the window. What was it that made you mention these events?”

NB: “I ask every day. I’m shaky living in the area anyway. That’s why I asked.”

Mr Greaney has no further questions, and the public gallery and dock are cleared while she is excused.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Woman screaming sounded 'scared'​

The next witness is called into court. Her name also cannot be reported, and she is giving evidence from behind a screen. We will refer to her as ‘Neighbour C’.
She is sworn in and gives her name to the jury.
Mr Greaney begins his questioning.

The witness confirms she lived close to Ashley’s house.
PG: “In August last year, did you know the people who lived at number 40?”
NC: “I didn’t know them no. I’ve seen them a couple of times."
PG: “You knew what they looked like but they weren’t friends of yours?”
NC: “No.”
PG: “I’m going to ask you about the night of the 20th to the 21st of August. Did you go to bed that night?”
NC: “Yes”
PG: “What sort of time did you go to bed?”
NC: “I think it was around half 11, quarter to 12.”
PG: “Did you go straight to sleep?”
NC: “It takes me a while to get to sleep. It was probably 20 minutes before I was asleep.”
PG: “Did there come a time when something came to your attention?”
NC: “I heard banging which I thought was somebody closing their wheelie bin.”
PG: “At about what time did these events happen?”
NC: “Round about half 12.”
PG: “Were you asleep, wide awake or somewhere in between at that time?”
NC: “Somewhere in between.”
PG: “The bedroom you were in, was that at the front of your house or the back of your house?”
NC: “The front.”
PG: “Were the windows open or closed?”
NC: “Closed.”
PG: “Were there curtains?”
NC: “No. Just blinds.”
PG: “Were the blinds open or closed?”
NC: “Closed.”
PG: “You obviously heard something, what was it?”
NC: “A banging noise.”
PG: “At the time, you had an impression of what it was.”
NC: “I thought it was someone closing the wheelie bin, the lid sorry.”
PG: “At first did you think anything of that?”
NC: “Not at first no.”
PG: “Did something else then happen?”
NC: “I heard screaming.”
PG: “How long after the bang did you hear the screaming?”
NC: “I’m not too sure, maybe 15 seconds.”
PG: “The screaming. Were you able to gain any impression of whether it was a man or a woman screaming?”
NC: “It was definitely a woman. It was quite loud, high pitched.
PG: “Were you able to gain an impression of what the mood or attitude was of the person screaming, from the type of scream it was?”
NC: “Erm, scared.”
PG: “How long did that scream last for?
NC: “I’m not too sure, sorry.”
Justice Goose interjects: “Let’s not try and give it a time as that could be artificial. Was it a long scream, a short scream, or something in between?”
NC: “Something in between.”
PG: “After the scream, did you hear anything else?”
NC: “Loud bangs.”
PG: “How long after the scream did you hear the first of the loud bangs? Straight after or did some time pass?”
NC: “I’m not too sure.”
PG: “You made a witness statement the same day didn’t you? When you made your witness statement, were things fresher in your mind than they are now?”
NC: “Yes.”
She is asked to look at her witness statement.

• Neighbour C saw 'car driving away'​

  Mr Greaney asks Neighbour C to read from her statement, which describes a loud bang followed by another two bangs and a scream “immediately after”.
  NC: “That would be right, yeah.”
  PG: “The second and third bangs, did they sound the same as the first or different?”
  NC: “The same. Oh no sorry they didn’t. They were different.” She says the first bang was the one she thought was a wheelie bin lid.
  NC: “The second and third bangs were completely different. They sounded like fireworks.”
  PG: “By that stage were you thinking anything unusual was happening?”
  NC: “After the scream definitely, yeah. I looked out the window.”
  The witness says she could see the front of Ashley’s home from her house.
  PG: “When you looked out did you see anything?”
  NC: “I saw a car driving away, just the back of it.”
  PG: “Are you able to describe that vehicle?”
  NC: “It was a little bit more round on the back. It was a light colour. It looked white.”
  PG: “Were you able to see the make, model or registration number?”
  NC: “No. I wear contact lenses.”
  PG: “Were they in at the time?”
  NC: “No.”
  PG: “Despite that, were you able to make an assessment at the speed.”
  She says the car “drove off quite quickly”.
  The witness is shown a map of the area.
  She indicates that the car drove off in the direction of East Prescot Road.
  PG: “Were you able to see the number of people in the car?”
  NC: “No.”
  PG: “As will be obvious in due course you spoke to the police and gave them an account. Did the police also notice you had a device on your front door that recorded what was happening?”
  NC: “Yes.”
  PG: “Did the police ask you for the footage from that camera?”
  NC: “Yes.”
  PG: “Did you give it to them?”
  NC: “Yes.”
  Mr Greaney has no further questions.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Witness heard 'bangs and scream'​

Richard Pratt, KC, will now cross examine Neighbour C on behalf of James Witham.
RP: “The first that attracted your attention was a sound you believed to be closing a wheelie bin.”
NC: “Aggressively.”
She is asked whether it is a “loud street”.
NC: “Not necessarily.”
RP: “Then you heard two bangs of a completely different character. You thought they sounded like fireworks. It was only after those two bangs that you heard screaming?”
NC: “Yeah.”
RP: “In your witness statement, what you said was the two bangs sounded a lot different to the first bang. I got straight up and went to the front window. Was that after the scream?”
NC: “After the bangs.”
RP: “Before the scream?”
NC: “It was after the scream and the bangs.”
RP: “You couldn’t see anything going on outside. You said again [reading from her witness statement], ‘I immediately saw the back of a white coupe vehicle which speeded off’. I don’t suppose it took you long to get to the window?”
NC: “About five seconds.”
She is asked to clarify the timescale.
NC: “I heard the bangs which I thought was the wheelie bins, then two bangs and a scream. And then after the scream I went to the window.”
RP: “It does sound as if, in your statement, as if the vehicle speeding away was a matter of seconds after you heard the scream.”
NC: “I really don’t know.”
RP: “Can you help us with this. Are you able to say when you heard the scream, whether it sounded like it was outdoors or indoors?”
NC: “Indoors.”
Mr Pratt has no further questions. Mr Greaney has further questions in re-examination.
PG: “You’ve been asked about the amount of time between the scream and the car. When you heard the scream were you still in bed?”
NC: “Yeah.”
PG: “To look out the window obviously you had to get out of bed. Was the window right next to your bed?”
NC: “No.”
PG: “How far did you have to walk?”
NC: “10 feet maybe?”
PG: “You told us the blinds were closed. Did you have to open the blinds?”
NC: “I moved them with my fingers.”
PG: “Did you then look straight out?”
NC: “Yeah.”
PG: “Was the vehicle already moving or did it start to move after you looked out?”
NC: “I’m really not sure.”
Mr Greaney has no further questions, and the witness can be excused.
The court will now take a short break, resuming at 12.05pm.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Help me'​

The court is now reconvening, and the jury are brought back in.

Mr Greaney calls for a fourth neighbour to give evidence.
She again cannot be identified for legal reasons, and we will refer to her as Neighbour D.

The witness becomes tearful as she is sworn in and gives her name.
She confirms she lived near to Ashley’s address.
PG: “I’m going to be asking you about events about half past midnight on August 21. I’m sure you know why. At that time where were you?”
ND: “I was in my dining room, which is at the back of the house. The kitchen is at the very back.”
PG: “Will the arrangement within your house have been the same as in 40?”
ND: “I imagine so.”
PG: “You’re in the dining room. What were you doing?”
ND: “I was painting.”
PG: “Do you mean you were decorating?”
ND: “I was doing some artwork.”
PG: “Did you have on a television or music or anything of that sort?”
ND: “Music.”
PG: “Loud, medium or quiet.”
ND: “Medium.”
She says her back door was “wide open”, while her front door was closed.
PG: “While you were there, at about half past midnight, did anything happen?”
ND: “I heard a massive crash. I couldn’t identify what it was but it did alert me. Perhaps I turned my music off. It was like a metallic crash. Very loud.”
PG: “Did you form any view of what it was?”
ND: “I tried to think what an earth was it but I couldn’t. It echoed, the noise. Because it was kind of quiet.”
PG: “This was something that struck you as unusual?”
ND: “Yes very.”
PG: “Did you do anything to lower the volume of music?”
ND: “I can’t remember whether I didn’t do anything to turn it off or whether it had already finished.”
PG: “At the time of the noise, there wasn’t music?”
ND: “Yes.”
PG: “There’s the very loud metallic crash. Just one crash or more than one?”
ND: “One.”
PG: “Was it a short, long or medium crash?”
ND: “Short.”
PG: “Did you stay where you were or go somewhere different.”
ND: “I went to my back door to see if I could. Shall I tell you about the next bit? I went to the back door because I thought I heard someone say in a very soft, faint, voice ‘help me, help me’. It was directly after the crash.”
PG: “There’s the crash and you hear someone saying help me help me. When you heard the person saying help me help me, were you able to say whether that was a female or male voice?”
ND: “It sounded like a young female.”
PG: “In what sort of way was that being said?”
ND: “It sounded like someone was in pain.”
PG: “Then you went to your back door?”
ND: “I might have gone out into the yard, but then everything was totally silent. I went upstairs to see if I could see anything out the back window. I couldn’t see anything.”
PG: “You go to the back door, you may go into the back yard, when you do that you can’t see anything amiss and don’t hear anything else. You then go upstairs and look out of the window.?”
ND: “The back bedroom window.”
PG: “Was anything amiss? Did you hear anything after that?”
ND: “It was silent after that.”
PG: “When you heard the crash, could you tell where it was coming from?”
ND: “Not really.”
PG: “When you heard the voice saying help me help me, could you tell where that was coming from?”
She says “to the left”, the direction of 40 Leinster Road.
PG: “Could you tell whether the noise was coming from outside or inside?”
ND: “It sounded like outside.”

Witness was 'afraid to go outside'​

Mr Greaney continues questioning Neighbour D.
PG: “Not having seen or heard anything else, you came back inside and continued to do your painting at the time?”
ND: “Half of it was; I assumed it might have been someone had come back from the pub. Half of it was a bit of fear maybe, to go outside….I was considering calling the police but then they turned up anyway. Within minutes they arrived at the door anyway.”
Mr Pratt will now cross-examine the witness on behalf of James Witham.
RP: “What you heard, you heard through your open back door. That’s what made you think it was coming from the rear. That faint cry you heard of help me, that was very soon after that loud bang?”
ND: “Yes.”
There are no further questions for the witness and she is excused.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

'Car screeched away'​

Mr Greaney will now read statements from Patricia and Paul Malcolm, who lived close to Ashley.

The first is from Patricia, who says she went upstairs to bed at around midnight.
Around 35 minutes later she heard “two or three loud bangs, like something hitting metal” followed by a “car tyre screeching away from the road.
“I think I may have heard a scream, however I cannot be sure.”

Police then attended the scene.

Paul Malcom says in his statement that he went to bed around 12.20am.
Around 10 minutes later he heard “three loud bangs”, “like something hitting metal”.
“It went quiet and then I heard a car driving away, making a screeching noise.”
The street then "went quiet" before an ambulance arrived.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

First officer on the scene​

Next, Mr Greaney calls Merseyside Police officer PC Christopher Sinnott to give evidence from the witness box.

He is sworn in, and tells the jury he was based at Edge Lane Police Station on mobile patrol in August 2022.

On the night in question he was solo crewed in a marked police vehicle “around the area of his normal patrol area”.

PG: “Shortly after 00.40 hours, were you made aware of a report that indicated there were concerns for the safety of a young woman?”
CS: “I was yes. I was dispatched from the control room”
PG: “Initially had it been thought the address was nearby Ulster Road?”
CS: “I think there was a bit of confusion as to the whereabouts.”
G: “Did you go to Ulster Road or were you put right before you got there?”
CS: “I went to Ulster Road, spoke to a member of the public who pointed us in the direction of the correct address. We arrived on scene within a couple of minutes of going to Ulster Road. It was two roads away.”
PG: “What time do you think you arrived at 40 Leinster Road?”
CS: “I’d say probably 12.45, approximately around there.”
PG: “You’d been on your own, when you arrived at 40 Leinster Road were you the first officer there?”
CS: “Other officers deployed themselves and backed me up, we all arrived at the same time.”
PG: “The other constables were whom?”
CS: “Constables Bratt and Constable Rowlands.”
PC Sinnott says he parked on the opposite side of the road. Mr Greaney asks if anything struck him about the house.
CS: “I could see straight through the house. The middle panel of the UPVC door had been pushed through.”
He is shown a picture of the front door, with the middle panel missing.
PG: “Is that the scene that presented you? The whole of the central panel has been forced out and is on the floor within the property.”
CS: “That’s correct.”
The officer is now shown a floorplan of the ground floor of Ashley’s house.
PG: “You and your colleagues would have been entering by the front door. Who was the first to enter?”
CS: “Myself… I was the only officer in possession of a taser. It was for security reasons.”
PG: “On entering the house what did you do or say?”
CS: “Either myself or my colleague announced ourselves and asked anyone within the address to make themselves known. I believe I identified myself as an officer with a taser.”
PG: “Did you then conduct a brief search of the downstairs rooms?”
CS: “That’s correct. It was very quick, room to room.”
PG: “At that stage, do you yourself go into the back yard?”
CS: “No I did not.”
PG: “Had you put on any lights within the house?
CS: “No lights had been touched at that time.”
PG: “Had any of your colleagues put the lights on?”
CS: “As far as I’m aware no.”
The officer says he activated his bodyworn camera shortly after entering the address.
He agrees that what is shown on the footage is an “accurate representation” of which lights would have been on upon attending the address.
PC Sinnott says no persons were discovered inside during the initial search.
Mr Greaney asks: “Did either of your colleagues go into the back yard.”
CS: “I had a look in the kitchen. I said I would search upstairs. They’ve gone into the kitchen. I believe it was Constable Bratt who has made out to the back yard.”
PG: “Did your colleagues tell you who they discovered?”
CS: “I believe one of my colleagues shouted she’s in the back or words to that effect. I’ve completed searching the address upstairs then made out to the back yard.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Ashley's dog 'cowering in its bed' after shooting​

Mr Greaney continues questioning PC Sinnott. He asks: “When you went into the back yard, you were able to see a young woman you know now to be Ashley Dale?”
CS: “That’s correct.”
PG: “Was she on her back?”
CS: “She was yes.”
PG: “Wearing pyjamas?”
CS: “She was yes.”
PG: “Were you able to see an injury to her torso?”
CS: “I was yes.”
PG: “Were steps taken in an attempt to save Ashley’s life, the officers performing CPR?”
CS: “Constable Bratt performed CPR, I went out to the car to look for a defibrillator.”
He says his patrol car did not have one, so he radioed for another patrol car to attend that did.
An ambulance then attended the scene.
PG: “When you look on the ground floor, did you notice a number of bullet casings on the floor?
CS: “On my initial search to be honest I didn’t know. It was only when I saw the puncture wound to Ashley’s stomach that I noticed the bullet casings.”
The officer says he found Lee Harrison’s driving licence in the “middle bedroom” of the house during his initial search.
“I believe it was possibly on the window ledge if I’m not mistaken. It was in plain sight.”
He says he did not see bullet fragments in the bedroom at this stage.
PG: “Having seen that injury to Ashley, having seen her obviously in crisis, did you form any impression about what may have happened?”
CS: “I believed it may have been a stab wound or a puncture wound from a bullet, she’d been shot or stabbed. I’ve then started a more thorough search.”
PG: “What did you discover?”
CS: “Within the dining room, there were bullet holes on the wall and the ceiling and then I’ve noticed the dog in the corner and an electric bike as well.”
The jury are shown pictures of this area, showing bullet holes above the door between the dining room and kitchen.
PG: “We can see damage around the doorway, is that the sort of thing you were seeing?”
CS: “That’s correct.”
PG: “You saw a dog did you say?”
CS: “The dog would have been in the corner. Cowering in the corner in its bed.”
PG: “Did you then go upstairs?”
CS: “Yes.”
PG: “Once you went upstairs what did you discover?”
CS: “I noticed further bullet casings in the middle bedroom where I located the driving licence. I remember it being really dark. I had my torch.”
He says he did not notice any further damage in this area.
PG: “Did you do any count of the number of bullet casings?”
CS: “I counted between eight and 10 bullet casings, that I could see.”
PG: “You weren’t there to carry out a detailed forensic examination?”
CS: “That’s correct.”
The officer says paramedics arrived “within approximately five minutes”, as well as further police officers.
He then conducted “house to house enquiries”.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Alyce]

Officer 'did not need torch to see colleagues'​

Mr Greaney asks for PC Sinnott’s bodyworn camera footage to be played in court.
The footage shows some lights are on in the front upstairs bedroom, with another bedroom shown in darkness and lit only by the officer’s torch.
PG: “Was that light on when you went into the house?”
CS: “I believe so.”
He then returns downstairs
Mr Greaney asks: “We can see downstairs, apparently some lighting?”
CS: “That’s correct yes.”
PG: “When you were downstairs, did you need your torch to see your colleagues?”
CS: “I didn’t no.”
PG: “When you were upstairs in the front bedroom, did you need your torch to see what was in there?”
CS: “I did not, no.”
PG: “Upstairs on the landing, would you have been able to see anything without your torch.”
“It would have been very difficult.”
He says the same of the second bedroom.



The court will now break for lunch, resuming at 2.10pm.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

14:42JONATHAN HUMPHRIES

Lighting in house​

Richard Pratt, KC, will now cross-examine PC Christopher Sinnott on behalf of James Witham.
RP: “I think you told the jury you arrived at about 12.45am… There are times on your bodyworn video camera and those of your two officers who were with you, are they accurate precise times?, or could they be inaccurate?”
CS: “I believe they should be accurate.”
Mr Pratt asks for the bodyworn camera footageof PC Bratt to be played.
RP: “He appeared to be going into the living room. You then go into the next room, the dining room.”
CS: “I believe so yes.”
RP: “Do you recollect that there was no overhead lighting but there was a side light in the corner? As you go in there, there is a light in the corner of that room facing the doorway.”
CS: “Yes.”
RP: “That, when you went there was on?”
CS: “Yes that’s correct.”
RP: “There was no overhead lighting was there?”
CS: “Not that I can recall, no.”
Mr Pratt says the officer continued to use his torch both upstairs and downstairs, and he agrees.
RP: “As we head towards, going into the kitchen, there is a side light in the corner facing the doorway. There is also a light which illuminates an open hob. Again, no overhead lighting in there.”
CS: “No, I don’t believe so.”
RP: “You did a quick tour of downstairs.”
CS: “I’ve initially gone straight up the stairs, I’ve peeked around the corner. I could see there were no casualties in there.”
RP: “The only light in the front bedroom was a side light, diagonally across the room?”
CS: “I think so yes.”
RP: “That was the only light on in the upstairs at all.”
CS: “That’s correct yes.”
RP: “On the landing, it was dark. Unlit and dark.”
The officer agrees.
Mr Pratt has no further questions.

14:45JONATHAN HUMPHRIES

Officer "did not need torch" to spot colleagues​

Mr Greaney has further questions for PC Sinnott.
PG: “While you were in the hallway downstairs, did you struggle to see any of your colleagues?”
CS: “One of my colleagues had their torch with them. I could see them and see the figures of them. It wasn’t particularly clear, but I could obviously see them. I believe there was lighting from outside the front door.”
RP “Did you need your torch to know there were people present?”
CS: “No”
RP: “When you were in the dining room, did you need your torch to see that there were people present?”
CS: No
RP: “When you were in the kitchen, did you need your torch to see that there were people present?
CS: “No.”
The witness is released.

14:58JONATHAN HUMPHRIES

Fight to save Ashley​

Mr Greaney now reads the statement of PC Daniel Rowlands.
He says he attended the scene alongside PC Bratt.
The officer states: “Upon arriving outside, number 40 was easily identifiable due to the door being wide open.
“We approached the property and entered, believing there was potentially an injured female inside.
“It became apparent that the UPVC door had been forced, resulting in the centre panel being in the hallway.
“I announced my presence as we entered the property, also announcing there was an officer in possession of a taser.
“The lighting in the hallway was poor.
“A television was on in what I believed to be the front room.
“Lighting was present on the upstairs landing and kitchen.
“Constable Bratt proceeded into the dining room, followed by me. I noticed debris on the floor and a motorcycle in the dining room.
“Constable Bratt proceeded into the yard and alerted me to a female lying on her back.”
Ms Dale was found on her back with her arms above her head and “blood running from a small circular wound”.
Her phone was next to her on the floor.
PC Rowlands’ statement adds: “Attempts were made to rouse the female, who appeared to be unresponsive.”
He was unable to find a pulse.
“I was unable to sight any movement in the female’s chest cavity, suggesting she was not breathing.”
“PC Bratt conducted CPR.”
He found “six to eight spent casings on the floor” of the dining room, and another two in the hallway.
The officer noted “strike marks” on the dining room wall which “appeared to be impact sites”, “bunched in a group of approximately four to five”.
There was also a further “one to two spent casings in the kitchen”, and another “impact mark” on the wall of this room”.
PC Rowlands then conducted “house to house enquiries”.
He remained at the scene until 4.35am.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk