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

[Alyce]

15:00Catherine Murphy

Not clear when Peers was in the vehicle​

Peter Wright will cross-examine the witness on behalf of Peers.
He says: “It’s not possible to date DNA. It’s not possible in this case to state that any DNA matching the profile of Mr Peers is as a result of direct contact by him with that bottle top.”
HM: “That’s true, yes.”
Mr Wright asks about “secondary or tertiary transfer”.
HM: “That is possible, yes. Secondary transfer is when DNA is transferred through an intermediary surface. For example, I pick up a cup, I put it down, one of you come and pick it up. My DNA has been transferred via that cup.”
PW: “As far as Mr Witham is concerned, there’s been some form of contact. For example, hand to hand between Mr Witham and Mr Peers. And thereafter Mr Witham has touched the bottle top and deposits DNA from Mr Peers on that item.”
HM: “If Mr Witham was the vector, I would expect his DNA to be found at a higher level.”
PW: “We can’t say in any event how long ago that DNA was deposited.”
HM: “That’s correct, yes.”
PW: “All we know is it was present when the item was recovered.”
HM: “That’s correct, yes.”
PW: “It being a moveable item, it’s not possible to say there has been the deposit of that DNA that matches Mr Peers by Mr Peers being present in the vehicle at that time.”
HM: “That’s correct, yes.”
PW: “You can’t identify a precise time when he was present in the vehicle and indeed his DNA does not demonstrate he was in the vehicle at the time of the deposit of the DNA. It may have been carried into the vehicle by the transfer of the bottle from some other location when his DNA was already present on that particular item.”
HM: “That’s correct yes.”
PW: “Or by some secondary transfer involving some other individual who has left the bottle top.”
She agrees.

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]

15:02Catherine Murphy

No DNA was found in the pockets of jacket found on Pilch Lane​

Mr Forte asks questions on Zeisz’s behalf next.
He says: “Are you an expert in laundry? Are you an expert in smelling laundry? How can you tell whether something has been laundered?”
HM: “It appeared quite clean, and the smell when we examined it.”
Mr Forte continues: “The jacket was in good condition but with grubby staining.”
Ms McKinlay agrees but says it appeared to have been recently cleaned.
She confirms that no DNA was found in the pockets.
There are no further questions for the witness.


Mr Greaney says: “That is as far as we can go today.”


Justice Goose asks the jury to return 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]

10:50JONATHAN HUMPHRIES

How footprint comparison works​

Paul Greaney, KC, prosecuting, calls forensic scientist Mark Kearsley to give evidence.
He will “explain the footwear impressions in various locations”.
PG: “Among other areas, is footwear impressions one of your specialist areas?”
MK: “Yes it is.”
The witness says he has been working in this area for more than 30 years.
PG: “You’re going to be telling us about footwear impressions. Is it the position that when wearing footwear, an impression of the sole pattern may be deposited?”
MK: “That’s correct yes.”
PG: “Where that happens may it be possible to recover that impression?”
MK: “Usually a crime scene examiner would use one of several techniques to recover the footwear mark from the scene”
Mr Greaney says one such technique is a “gel lift”
Mr Kearsley says this involves a “piece of fabric with a gelatin surface” which “lifts the dust or mud from the original surface onto the gelatin lift”.
PG: “Essentially you recover an impression of what is at the scene and then you can compare that against the sole or footwear of the suspect.”
Mr Kearsley says making comparisons is “dependent on the quality of the marks”.
He shows the jury an example of a sole in order to demonstrate the process.
MK: “There are a number of factors we take into account. The first thing we will do is look at the pattern. There are many different manufacturers and very many different patterns of shoe.”
He says the example the jury are being shown is of an ON trainer.
MK: “This is a very infrequent pattern and corresponds with the marks under consideration. The second factor to look at is the size. We don’t need a full toe to heel impression to comment on the approximate size. The spacing will different between different sizes of shoes. The third factor is the degree and distribution of wear. The undersoles will change in appearance and become worn down. Finally, we will look at any randomly acquired damage features. For example if you stood on a stone or glass, that may cause damage to the shoe. They can potentially give a conclusive association.”
PG: “Does the absence of a footwear impression at a scene mean someone wearing shoes hasn’t been there?”
MK: “The absence of a footwear impression does not mean an item of footwear has not come into contact. We know this from experience and experiments in the laboratory, It is possible for a shoe to come into contact with a surface and no discernible mark to be left.”
PG: “If I leave a footwear impression and people walk over the top of that, is that disruptive?”
MK: “If there is additional footfall, it is entirely plausible the original mark would be disrupted or eradicated.”

11:00JONATHAN HUMPHRIES

Footwear impressions in hallway matched On Cloudflyer trainers​

Mr Greaney says: “In this case, the evidence indicates that James Witham purchased a pair of On Cloudflyer trainers in size eight-and-a-half in the late morning of August 20.”
The jury are shown CCTV footage of his doing so.
PG: “Having been driven to Taskers by Ian Fitzgibbon, Mr Witham enters and makes a purchase. What the evidence indicates is he was wearing them later that day.”
Witham is seen on CCTV wearing the shoes while in Adisco Food and Wines, while in the company of Peers.
Mr Greaney says Mr Kearsley was provided with three pairs of On Cloud trainers from Taskers in sizes 7.5, 8.5 and 9.5.
PG: “Did the On Cloudflyer shoes have a distinctive sole pattern?”
MK: “Yes they did.”
PG: “Did having different sizes mean that you could compare not only that pattern against impressions from the scene but also size.?”
MK: “Yes. Different sizes of shoes can be differentiated by their overall size and the patterns.”
Mr Greaney says “gel lifts” were taken from two locations.
A “series of impressions” were found at the flat on Pilch Lane.
PG: “Were you provided with gel lifts of each of those impressions?”
MK: “Yes I was.”
PG: “Similarly, from 40 Leinster Road was it your understanding that a series of impressions were found and gel lifts were taken from them?”
MK: “That is my understanding yes.”
PG: “Did you also have the panel from the front door?”
MK: “The panel of the front door was also submitted and examined by myself, yes.”
PG: “Were you provided with gel lifts of those impressions?”
MK: “Yes, I was.”
Mr Greaney asks about the impressions taken from Pilch Lane first.
PG: “There are two in particular that I’m going to ask that we look at. There in the hallway is pointed out one of the footwear impressions. Then we can see further down the hallway, a further footwear impression. Did you compare those footwear impressions and the others from Pilch Lane with the reference samples from Taskers?”
MK: “Yes I did. I examined all of the submitted footwear impressions initially. From those I used my experience and expertise I looked at the marks that would give us the most information. Of those impressions, they were found to correspond in pattern with the submitted shoes.”
PG: “When you compared those to the pattern from the On Cloudflyer training shoes, what did you find?”
MK: “It was the same pattern.”
PG: “When you compared the size, which of the sizes you had were the closest?”
MK: “The size 8.5 showed a very good correspondence in size to the marks examined. The 7.5 shoes were too small, and the 9.5 were too large.”
PG: “Same pattern, consistent with an 8.5. In terms of the wear, did the impressions from Pilch Lane show much evidence of wear?”
MK: “No, they did not. In fact, they showed a good correspondence in the absence of wear as with the new shoes examined. That would suggest the shoes responsible for making the marks at the scene were little or lightly worn.”

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]

11:06JONATHAN HUMPHRIES

Footwear impressions​

Mr Greaney now turns to the footwear impressions recovered from Leinster Road.
The jury are shown a floor plan of the address and where marks were taken from.
One was taken from the front door, while another was found “at the entrance from the hallway into the dining room”.
PG: “We should not understand the absence of footwear impressions beyond this means the wearer did not go any further.”
Mr Kearsley agrees that it does not mean that the wearer did not “progress beyond that point”.
He was asked to compare the mark on the door to the three pairs of trainers he was provided.
PG: “Can we see more than one impression there?”
MK: “There are actually at least two impressions, one on top of the other. It’s my understanding from other materials it may be emergency services staff who attended the scene. That second pattern could be accounted for by the emergency services.”
PG: “Did any of the impressions resemble the sole of the On Cloudflyer trainers?”
MK: “Yes they did. There was the partial mark on the screen in the moment. There were actually two on the outside.”
PG: “On the door, there were two impressions which matched the pattern of the sole of the On Cloudflyer trainer?”
MK: “That’s correct yes.”
PG: “Were you able to form any view about the size of either of those?”
MK: “The one on the screen is the one with the most information. It’s based on that one.”
PG: “Of the three training shoes you had, which best corresponded with that mark?”
MK: “It was a good fit to the size 8.5 shoes.”
PG: “Same pattern as an On Cloudflyer training and consistent with size 8.5?”
MK: “That’s correct yes.”
PG: “Were you able to form a view about the level of wear?"
MK: “Yes, again it’s my opinion the shoes responsible for making those marks demonstrated little wear.”

11:09JONATHAN HUMPHRIES

Foot marks on door 'made when it had already been kicked in'​

Mr Greaney asks: “Presumably sometimes you’re able to identify the orientation of the shoe from the impressions?”
Mr Kearsley replies: “Yes we can.”
PG: “That might be of relevance to the mark here. Were you able to form a view about whether that mark had been left as the wearer kicked the door in, if he kicked it in, as he walked in or walked out?”
MK: “In my opinion, given the location and orientation of the marks, the most likely explanation is the wearer of those shoes deposited those marks as they were exiting the address as the door was on the floor. Although I can’t exclude the possibility that the impression was made while the door was upright in the frame, it would take quite an acrobatic feat to deposit the impression if the door was upright.”
Mr Kearsley says the mark was approximately 110cm high on the door.
He is asked about the impression in the doorway to the dining room.
PG: “In terms of pattern, how did it compare?”
MK: “It was the same pattern as the On Cloud training shoes.”
PG: “In terms of size?”
MK: “It was entirely appropriate to have been made with a size 8.5 shoe.”
PG: “Were you able to form a view about the level of wear and tear?”
MK: “In my view, the shoe which was responsible for making that impression was lightly worn.”
Three impressions were also found in the upstairs of the address, again mapped out on a floorplan which is shown to the jury.
MK: “All the footwear marks under consideration were the same pattern to the On Cloud training shoes. They were again, for want of a better phrase, the best fit for the 8.5 shoes. Again, there’s nothing to suggest these impressions had been made by any other shoes. They appear to have been made by shoes which were lightly worn.”

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]

11:15JONATHAN HUMPHRIES

Chance of random coincidence "very small"​

Mr Greaney says: “Dealing first of all with Pilch Lane. Is it your opinion the recorded footwear impressions correspond in undersole pattern with the On Cloudflyer training shoes you examined?”
MK: “That’s correct, they do yes.”
PG: “In terms of size, they are the best match for the 8.5 size you had?”
MK: “That is also correct.”
PG: “They appear to have been lightly worn?”
MK: “Again, that’s my opinion yes.”
PG “In terms of 40 Leinster Road, similarly the impressions appear to correspond with On Cloudflyer training shoes?”
MK: “Yes.”
PG: “The closest match was the size 8.5?”
MK: “In my opinion they were a good fit.”
PG: “They too were lightly worn?”
MK: “Yes.”
PG: “And the impression on the door is likely to have been deposited as the wearer left the house?”
MK: “That is my interpretation, yes.”
PG: “Are you able to express a view about the findings between the two locations?”
MK: “Given the similarities between the footwear marks in the two locations in terms of the uncommon pattern, size and level of wear they are very similar. There is nothing to suggest there is more than one pair of shoes which has made the impressions in both locations. Without the shoes resp for making those marks, I can’t make a conclusive association. However the chances of these being random coincidences are very very small.”

11:19JONATHAN HUMPHRIES

'Most commonly encountered shoe size"​

Mr Greaney has no further questions.
Richard Pratt, KC, representing James Witham, rises to cross-examine Mr Kearsley.
RP: “There is no dispute [Witham] was wearing the footwear which caused the impressions in 40 Leinster Road and Pilch Lane. Is it possible from looking at those shoes to say they are for sure the pair that were bought that day or whether they are similar?”
MK : “They are similar.”
RP: “You can’t say for sure?”
MK: “No I cannot.”
RP: “These appear to have been made by lightly worn training shoes within the range of eight to nine. We’re talking about the sizes 8, 8.5 or 9.”
MK “That’s correct yes.
RP: “Are you as a footwear expert ever able to get hold of statistical information from manufacturers?”
MK: “We don’t have information for specific manufacturers. We do have information which is the size demographic of feet within the UK. Size eight or nine are probably two of the more common size of shoe which we encounter.”
RP: “In terms of statistics, to know how many shoes had been sold that would be in that category, there’s a commercial sensitivity?”
MK: “That’s right. We don’t routinely have access to that information. I couldn’t give you a definite number of shoes which fit that criteria.”
Mr Pratt has no further questions.
Mr Greaney in reexamination says that Mr Kearsley can “indicate how commonly he has come across On Cloud trainers”.
MK: “We haven’t seen this particular pattern before.”
There are no further questions for the witness, and he is released.

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]

11:26JONATHAN HUMPHRIES

Fifteen Skorpion bullets fired at scene​

Mr Greaney says that the prosecution will return to the sequence of events.
Junior counsel for the prosecution, Alex Langhorn, rises and begins by reading an agreed fact in relation to searches at 40 Leinster Road.
He says examinations took place between August 21 and September 6.
The middle section of the UPVC door was found on the floor.
The door key was still inside the door, which was locked.
Photographs were taken at the scene,
Four fired Sellier and Bello cartridges were found on the hallway floor
An impact damaged bullet on the dining room floor near the hallway door. A fiired Max Tech cartridge case inside the dining room floor. An impact damaged bullet on the dining room floor.
An impact damaged bullet under a bench. A Fired Max Tech cartridge underneath the dining table.
Another damaged bullet. Another Max Tech cartridge on the dining room floor.
A bullet fragment lodged in the skirting board. An impact damaged fired bullet. A bullet fragment lodged in the floor of the dining room. Another fragment in the skirting board.
Two fragments in the floor of the dining room
A fragment found in the dining room floor. A fired Sellier and Bello cartridge case. A Bullet fragment in the skirting board dining room. A fired cartridge case was under the counter in the kitchen. An Impact damaged bullet by rear kitchen door. An impact damage bullet behind the washing machine.
An impact damaged bullet in the wooden frame of chair in kitchen. A fired Max Tech and Sellier and Bello cartridge upstairs.
A bullet fragment in a duvet
Mr Langhorn describes the footwear marks we have heard about with the previous witness.
He says Ashley Dale’s Volkswagen was T-Roc examined - and investigators recovered a front offside tyre 32mm incision, rear offside tyre 32mm incision, rear nearside appeared to have been stabbed causing incision 5mm length.
The police treated the property as a crime scene until September 20
Bullet casings, jacket and bullets examined
Fifteen 9mm short cartridge cases recovered from the scene had all been fired from the same gun, a Skorpion submachine gun.

11:40JONATHAN HUMPHRIES

Peers and Witham recorded checking into St Helens hotel after shooting​

Mr Langhorn recalls Detective Sergeant Graeme Sutton to give further evidence.
He turns to the events of August 21, shortly after 7pm.
CCTV shows Fitzgibbon, Barry and Mr Kershaw exiting the Pilch Lane flat.
Barry and Mr Kershaw are carrying “a number of bags”.
The jury are shown a map plotting the movement of Zeisz’s phone from the Huyton area to the Aigburth area.
Both his and Fitzgibbon’s phones were cell siting in the Aigburth area by 7.30pm.
Mr Langhorn reads another agreed fact.
On Sunday, August 21 a booking was made for the Mercure Hotel St Helens.
Joseph Peers booked the two night stay via Booking.com. It was made in his name, for a twin room.
Peers checked in at 20.31 on August 21. Mr Langhorn says the £143 charge was taken in cash after being guaranteed with a Mastercard.
He checked out at 11.09 on August 23.
The booking was for “one classic single room with two beds”. A booking confirmation is displayed on the court screens.
Mr Langhorn says on the evening of August 21, there was a booking with Britannia Taxis for a fare from Woodlands Road, Huyton, to the Mercure Hotel in St Helens.
The caller did not give his name.
CCTV is played to the court, showing Witham and Peers entering the rear of the vehicle.
According to the driver, “the skinny one”, Peers, sat behind the driver and “directed him”.
He was asked to stop at shops on Page Moss Lane, where Peers got out before returning and they set off for the Mercure Hotel.
He was asked to stop in the road before entering the car park.
One of the men paid him the £21 fare in cash, got out and then walked towards the hotel.
The driver then left.
The jury are played CCTV of the taxi stopping at the shops and Peers entering a store, making a purchase at a till, then exiting and getting back into the car.
They are also shown a map plotting the taxi’s journey and cell siting data, leaving Peers’ home at 7.56pm and arriving at the hotel at 8.26pm.
CCTV shows the taxi outside and Peers and Witham at the reception desk after exiting the vehicle.
AL: “Mr Peers signs some paperwork.”
GS: “Yes.”
Peers “also had cash in his hand”.

11:48JONATHAN HUMPHRIES

Signal messages from 'Gus the fixer'​

Mr Langhorn says they will “leave Mr Peers and Mr Witham at the Mecure” and examine the movements of Ian Fitzgibbon.
DS Sutton says at 7.50pm, an amendment is made to the booking for Fitzgibbon’s flight from Birmingham to Dubai.
Around 8.30pm, his phone is cell siting in the L17 area “south of his home address” on Linnet Lane.
Zeisz’s phone was connected to the same mast.
Both phones are connected to this mast between 20.34 and 22.45.
Mr Langhorn turns to the events of August 22.
At 12.45pm, Barry’s phone makes a call to Zeisz.
There is a further call from Barry to Zeisz at 1.37pm.
At 1.37pm, a booking is made for Fitzgibbon’s sister, Claudia Fitzgibbon, to take an Emirates flight from Birmingham to Dubai, the same flight he is booked on.
At 3.09pm, Barry’s iPhone uses an application called Signal to contact the ‘fixer’, Gus, who the jury has heard about.
DS Sutton says: “You can send messages, you can make voice calls, you can send images and videos.”
AL: “Does signal promote itself in any way?”
GS: “Its got quite a lot of protection to it. For law enforcement, it’s difficult for us to obtain messages, videos etc. I believe it’s the way it’s marketed, it’s an application that offers a level of protection to the user at both ends”
AL: “Do you need to get the phone to get the messages?”
GS: “You do yes”
They read a set of messages.
3.09 NB: “Yo.”
Gus replies “hello”
3.09 Gus calls Barry on Signal
Gus “this new phone
NB “No new 1
G: “Sound. It be in mids or south. You ready leave anytime”
NB: “Ok lad and yes”
G: “Sound I’ll speak kid tell him need on next one and drop ye f or ams. If got driver or want me ask r mate sort someone give ye lift”
NB “Ye if can plz lad.”
G “On other side ye
NB: “Ye if can plz lad.”
G: You okay this side for driver or want me ask for ye
NB: “Ye on both if can plz lad”
G: “Sound bro I’ll have answers tomorrow about 12 bro
NB: “Thank y lad.”
G “Be sorted next few days tops.”
NB “Thanks lad.”
G: “Kit bag only bro aswell”
NB: “Ye man.”
G: “I’ll shout them in morning make plan with ye bro”
NB: “Thanks bro much appreciated”
Shortly after 5pm, Barry calls Zeisz.
Around half an hour later, Zeisz calls Barry.
The judge calls for a short break and asks for the jury to return 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

 

[Legally Bland]

12:15JONATHAN HUMPHRIES

Witham and Peers 'drive through St Helens in white van'​

The jury are told at around 6.45pm on August 22, Witham and Peers are shown on CCTV exiting the Mercure Hotel and entering a white van, a vehicle linked to Peers’ dad.
This footage is played in court.
They walked across the car park and over a barrier in order to enter the Ford Transit van, which is stopped on the dual carriageway opposite.
A map is shown to the jury plotting the movements of the van and cell siting data for Peers.
Radford’s then home on Redgate Drive in St Helens is also plotted on the map.
CCTV then shows Peers and Witham reentering the hotel after being dropped off in the white van.
The vehicle stops on the road again in order to allow the to alight.
Peers and Witham appear to be carrying drinks and Pringles crisps, with Witham also clutching a brown paper bag. They are seen entering the lift to return to their room.
At 22.03, an Apple ID in the name Thomas Khan was used to link to Barry’s phone.
At 20.30, Radford texts Peers.

12:36KEY EVENT

Ashley's killer goes shopping with son two days after shooting​

Mr Langhorn turns to August 23.
At 5.43am, Gus messages Barry on Signal: “Have info today what’s what bro.”
At 10.22am, Fitzgibbon and his sister are seen on CCTV at Birmingham Airport.
Both appear to be pulling suitcases behind them.
Mr Langhorn says they then left for Dubai on an Emirates flight.
Shortly after 11am, Peers and Witham check out of the Mercure Hotel and leave in a taxi.
They appear to leave their swipe cards in a box on the front desk.
The footage shows Peers leaving carrying a black duffel bag.
Witham then follows with a rucksack on his back and a white Everlast paper carrier bag in his left hand before the two enter a taxi and leave.
Mr Langhorn says Peers booked this taxi through Britannia Taxis
11.03, Joseph Peers booked a taxi through Britannia Taxis, which is associated with Cable Taxis.
The caller did not provide his name, and booked the journey to Huyton Village.
However the taxi dropped off the passengers on Woodlands Road.
A map shown to the jury plots this journey.
Next, the jury are shown CCTV of Footasylum in Liverpool city centre
Witham is shown with his son in the store
Mr Langhorn says he makes a number of purchases, including a size 8.5 pair of trainers.His total purchases amount to £245.94.
The jury are shown the receipt, which includes: a baseball cap, three-pack of socks, Nike socks, Nike Elemental Crossbody (£24.99) and trainers at £124.99.
Further footage shows Witham at the till. It shows him taking cash, which had been tucked into a passport, and paying for the items.
DS Sutton says Witham leaves then goes to the Everton Two club shop before heading towards the food court.
Witham’s bank account shows he spent £129.70 in Everton Two on his card.
DS Sutton says he is wearing shoes with a white sole.
Witham is then seen on CCTV in Zizzi restaurant with his son.
A £44.40 transaction is recorded on his bank account.
Ashley Dale’s dad, Stephen Dunne, leaves the public gallery.
The footage shows them being seated at a table by the entrance.
After sitting down, Witham appears to “change his footwear to the trainers he’s purchased earlier on, from Footasylum”.
A waiter is later seen approaching the table with the bill.
He settles up before leaving the restaurant.
CCTV footage shows Witham walking through Liverpool One wearing black Asics Gel Quantum trainers with a red detail on the sole.
He then attends Lloyds bank on Church Street shortly before 3pm and deposits £1,000 in cash into his account.
A further £60 was put into the machine but the machine refused to accept it due to the total being over the limit/
Mr Langhorn says he “gave the three £20 notes to his son, saying he could have it”
They get into a taxi outside the bank and asked to be taken to Kingsheath Avenue in Dovecot.
He gave the driver £20, asked for £5 change, and went into a house in that area.

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]

12:52JONATHAN HUMPHRIES

Barry travels to Formby Hall hotel​

Mr Langhorn moves on. He says at 18.54 Peers makes phone call to Gary Finney, followed at 19.15 by a call from Mr Finney to Peers
At 19.17, Finney texts Peers, then at 19.21 a call from Finney to Peers and again at 19.43.
Mr Langhorn shows a map of the northern part of England and southern part of Scotland.
The jury hears it shows ANPR hits plotted for Gary Finney’s vehicle and cell siting data for Witham’s data
He is now “using a new number”.
It was used between August 23 and 27.
This phone, as well as Peers’ and Mr Finney’s phones, are cell siting iin the Preston area later in the evening.
The phones then connect to a mast in the Lake District.
Mr Finney’s and Peers’ phones then cell site “just north of Lockerbie”
The car is shown on ANPR at 3.12am on August 24, heading towards Perth.
Mr Finney’s car and phone are then shown heading south.
But the phones of Peers and Witham do not move.
The vehicle is then seen on the M6, with Mr Finney’s phone cell siting in Lancaster and then St Helens shortly before 9am.
The Peers and Witham phones remain in Scotland.
Meanwhile, Mr Langhorn says a booking was made at Formby Hall Hotel and Spa on August 23.
He says Barry’s girlfriend, Lucy Worley, made the booking for a single night for two adults, and paid in cash when she checked in.
No details were provided for second adult
In the early hours of August 24, Barry messages Gus on Signal saying “ok son nice 1 thank u”.
Barry then made contact with Dillon Cain and a taxi driver. His phone is close to Hickorys Smokehouse West Kirby, and CCTV shows him in the car park at 19.46.
A taxi pulls into the car park, Barry exits and enters a black VW Golf, which he exits again before reentering the taxi, which drives away.
Mr Langhorn sats that on Wednesday August 24, Dillon Cain called Daniel Murphy, a friend of his brother’s and an Uber driver.
Mr Cain asked for a lift “over the water to a Wirral”, which was agreed.
Cain and a man he did not know were picked up in black Ford Focus.
Mr Cain with another male he described as a “mate”
The other male got into the car, and had a bag with him. Mr Murphy asked what was in the back and the male showed him it was full of clothes.
They drove through tunnel and he was directed to pub car park. The second male was not carrying anything when he got out
Mr Murphy and Mr Cain remained in the vehicle and discussed Everton.
The other male returned about five minutes later, and got back in the car. He wasn’t carrying anything.
He asked Mr Murphy to take him to Formby Hall. When they arrived, it was dark. The male’s girlfriend was waiting for him carrying bags. He got out of the vehicle, and Cain was taken back to the Dock Road.
On August 24, Ms Worley booked a further night’s stay at Formby Hall, although she had to move to room 223. The new booking was also for two adults, paid in cash, and again no details were provided for second adult
Ms Worley provided the registration for her Mercedes A10, as well as her home address, phone number and email.

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]

12:53JONATHAN HUMPHRIES

Police arrive in hotel​

CCTV is now played showing Barry and Ms Worley inside Formby Hall.
Barry is seen carrying two holdall bags upon his arrival.
DS Sutton is asked to describe the bags and says: “It looks to be light and dark blue, a lighter blue and a dark blue.”
Police are then seen entering the hotel and locating the couple.
Several armed officers are seen walking through the corridors of the hotel.
The court will now break for lunch, returning at 2.05pm.

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]

14:23KEY EVENT

“It’s nothing to do with her. She didn’t hurt no one”​

The jury are brought back in, and Mr Langhorn calls Sergeant Christopher Lowe to give evidence.

On August 24, he “was part of a specialist firearms team that attended the Formby Hall Hotel”.
When asked why he attended, he says: “I was in possession of information that Niall Barry was wanted on suspicion of murder.”
He says Barry was located in room 223, cautioned and arrested on suspicion of murder.
Sgt Lowe says Barry then made an “unsolicited comment”. He recalls Barry said: “It’s nothing to do with her. She didn’t hurt no one.”
Sgt Lowe says his bodyworn camera was not on, so he made a note of the comment on a do not disturb sign.
A jury is shown a picture of this sign, which says “Please do not disturb, I’m too comfortable to wake up yet.” The comment is written in pen underneath.
Mr Langhorn has no further questions.

Stanley Reiz, KC, representing Niall Barry, rises to cross examine Sgt Lowe.
He asks Sgt Lowe to confirm there were “six or seven other firearms officers” present.
SR: “He was compliant wasn’t he?”
CL: “He was compliant.”
SR: “Other officers were dealing with his girlfriend Lucy Worley. Did you see other officers speaking to her?”
CL: “Yes.”
SR: “At that point Miss Worley began to cry?”
CL: “I’ve no idea. I don’t know. I know they were talking to her, I was dealing with Mr Barry.”
SR: “He was looking into the room to see how the other officers were dealing with the woman?”
CL; “He couldn’t have looked into the room
SR: “Are there laser sights?”
CL: “Yes.”
SR: “Were guns pointed at either Mr Barry or Miss Worley?”
CL “They were definitely pointed at Mr Barry. I couldn’t answer for the female.”
SR: “Did you see Miss Worley start to cry at any point?”
CL: “No I was dealing with Mr Barry.”
SR: “Mr Barry, while he was compliant, he did at one stage make a reference to the woman.”
CL: “He did, yes.”
SR: “He was asking your colleagues to leave her alone.”
CL: “He said it was nothing to do with her, she didn’t hurt no one.”
SR: “I’m going to suggest the words he used were different.”
CL: “No.”
SR: “He said she was a nice girl.”
CL: “He didn’t say that.”
SR: “He asked her colleagues not to point their guns at her.”
CL: “He certainly didn’t say that. I did write down what I thought was a significant comment.”
SR: “While you told him he was being arrested, you didn’t ask him whether he was involved in the murder or not.”
CL: “I wouldn’t ask him that question.”

There are no further questions for the witness, and he is released.

Ashley Dale murder trial as it happens

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

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[Alyce]

14:34Jonathan Humphries

Barry arrested 'with £10,000 in cash in bag'​

Detective Sergeant Graeme Sutton is recalled to the stand.

He tells the jury “At 10.54, Niall Barry was arrested on suspicion of shooting Ashley Dale. There were multiple recoveries made. A white iPhone, £10,275 cash and an old £20 note, Niall Barry’s UK passport, a Nokia mobile phone.”
Mr Langhorn says there was a draft message on the Nokia.
GS: “On that message was the registration number for the Hyundai.”
AL: “Lucy Worley was also arrested for assisting an offender.”
DS Sutton says the CCTV footage shows both being arrested and escorted out of the hotel.
Ms Worley is led out in her slippers.
The jury are shown photographs taken inside their hotel room.
A purple iPhone was also seized from beside the bed.
A Mercedes keyring and fob were found, as was a green Primark handbag with a Vodafone sim card, cash and a covid vaccine card inside.
There was also a Footasylum bag with a receipt and speed awareness notice in the name Lucy Worley inside.
Officers also seized an open packet of Marlboro Gold cigarettes. In one bag was a beanie hat, Karrimor jacket, Givenchy jumper, t-shirts, shorts, jeans, six pairs of boxer shorts, a grey lounger top and trousers.
In another holdall was three jackets, 14 t-shirts, a pair of jeans, a pair of shorts, five pairs of boxers and 26 socks. There was also An On jacket, On Cloud trainers, a beige Pull and Bear jumper, a small white Zara top, a pair of size eight Misguided shorts and Alexander McQueen sandals.
Barry was taken to St Anne Street Police Station by Matrix officers.
His clothes and a pair of Nike sliders were seized.
Ms Worley’s Mercedes was parked outside the hotel and seized.
An orange Louis Vuitton shopping bag was located in the boot, with two Louis Vuitton trainers inside along with a white iPhone and a pair of Louis Vuitton trainers.
There were three letters addressed to Ms Worley were found in the glove box, with two of her bank cards also found in the vehicle.
DS Sutton says a bag located within the room matched one searched by police during his arrest at Glastonbury.
Jurors are shown pictures of the seized items, including the cash laid out on a table and Barry’s passport in the name Niall Warner.

Ashley Dale murder trial as it happens

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

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[Alyce]

14:37Jonathan Humphries

'Who's dumped car on your drive'​

Mr Langhorn moves on to Snapchat messages between Mark Wicks and his daughter Abbie Jevins, sent on the morning of August 25.
MW: “Whose dumped car on your drive xx”
MW: “Why you ignoring me since talking with Megan x”
AJ: “Its my mates I’m cleaning up dad sorry x”
On August 26, Witham attempted to book a double room for one night in the Village Hotel in Whiston.
He attempted to pay the £107.10 using a Visa card, but the payment was declined and the booking was cancelled.


Mr Pratt asks to discuss a matter with the prosecution briefly.

Ashley Dale murder trial as it happens

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

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[Alyce]

Peers and Witham back in St Helens​

The issue is resolved and court resumes.

DS Sutton says Witham’s and Peers’ phones were cell siting in Scotland when the attempted booking was made at around 10am.
An Audi Q7 is then shown making ANPR hits as it makes a journey south.
The phones are also shown to be travelling south.
They arrive back in the Liverpool area at around 6pm.

At 5.15pm, a search warrant was executed at an address on Ashbury Road in Huyton.
James Witham’s dad, James snr, and sister, Julie Witham, were present.
GS: “Four minutes afterwards, Julie Witham sent a text message to James Witham. He responds with a text message back to his sister Julie.”
Witham then makes 14 attempts to call his sister over the course of the next hour and 40 minutes.
AL: “Were police officers there throughout that period?”
GS: “They were, yes.”
Witham also made eight attempts to call his dad.
AL: “Again, are the officers there throughout those attempts?”
GS: “They are, yes.”
Peers places two calls to his mum Leslie McMahon, the latter of which appears to be successful.
AL: “Had the police gone to Mr Peers’ address?”
GS: “No.”
Witham’s dad and sister were told the search was related to James Witham and “any evidence involved in the girl murdered on Leinster Road, Ashley Dale”.
He says an O2 SIM card and cigarette papers were seized. Officers left 8.45pm.

Mr Langhorn says on August 26, at the Mercure Hotel in St Helens, Peers booked two king rooms for a single night. He and Witham checked in at 21.38, and each paid the £50 deposit in cash. The remaining balance was paid in cash and the men checked out the following morning.
Mr Langhorn says the booking was made while the police search was taking place.
The two men are shown on CCTV being dropped at the hotel in Peers’ dad Thomas McMahon’s white van before booking in at the reception desk.

Ashley Dale murder trial as it happens

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

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[Alyce]

15:08Jonathan Humphries

Peers' girlfriend meets him at hotel​

Mr Langhorn says 21.56, Peers’ girlfriend Phoebe Birch places a call to him.
There are two further calls from her to him at 22.24 and 22.35.
At 10.40pm, Peers and Witham meet Ms Birch at the entrance to the Mecure hotel before the three go back to their rooms.
Peers and Witham are seen on CCTV hugging outside the hotel as they wait for her to arrive.
She is then pictured leaving the car and entering the Mercure alongside Peers, with Witham having entered a few moments earlier.
Peers and Ms Birch are seen to hug at the entrance to the lifts.

Ashley Dale murder trial as it happens

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

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[Alyce]

15:15Jonathan Humphries

Zeisz's home raided​

Mr Langhorn turns to August 27.

CCTV in the reception area of the Mecure Hotel shows Witham and Peers checking out before they and Ms Birch leave in a taxi.
Peers had called Britannia Taxis to book the taxi in his name from the hotel back to Woodfield Road Huyton, a short distance from his road on Woodlands Road.
The fare was paid in cash.

At 12.37, Witham’s phone is cell siting in the Liverpool area.
The Audi Q7 then hits an ANPR camera to the north of St Helens and then on the M6 near Carlisle.
The vehicle and Witham’s phone are shown to move up to Scotland, to an area north of Dundee.
Peers’ phone meanwhile remains in Merseyside.

At 10pm, a search warrant was executed at Sean Zeisz’s home on Longreach Road.
He was not present at the time.
Officers knocked on the door, but there was no answer.
They forced their way into the property and found nobody was present
A SIM card, a Nokia mobile phone and a smashed iPad were seized.

On August 29, driving licences for a Stephen Zeisz and a Tony Jones were found on top of cupboards in the living room.
Upstairs pairs of size 8.5, size 9 and Size 7 On Cloudflyer trainers were seized.
The property was boarded up and secured before officers left.

Ashley Dale murder trial as it happens

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

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[Alyce]

15:25Jonathan Humphries

'Cannabis farm setup' found in Pilch Lane flat​

Mr Langhorn moves on to August 28.

At 15.33, Kallum Radford attempts to call Joseph Peers.
At 15.35 Kallum Radford attempted call to Mr Peers followed by a text message. At 15.47 Peers attempts to call Radford twice. At 16.52 Peers sends a text to Radford. At 16.53 Radford calls Peers for three minutes 28 seconds .
On August 29, at 11.07 Abbie Jevons calls Radford, duration two minutes 10 seconds. At 16.37 Peers calls Radford.
DS Sutton confirms Witham remains in Scotland
At around 6pm, Peers is seen in the Post Office on Childwall Lane, using Witham’s bank card to make a £250 withdrawal.
There are further withdrawals on August 31, for £250 and £150.
That day at 20.25, search warrants were executed at the flat at 267 Pilch Lane. No-one was present at the time.
Inside, a black Mountain bubble coat, size XL, was seized from a bedroom clothing rack.


On the morning of August 21, CCTV had showed Witham shown returning to the flat from Leinster Road in a similar jacket.


On August 29, police searched Pilch Lane. They forced entry, found the flat unoccupied, and held it as a crime scene. A number of photographs of the address taken, including footwear impressions.
A North Face jacket was recovered from a clothing rack behind the doorin the bedroom, alongside a black blazer and grey dressing gown.
Two copies of the order of service for Rikki Warnick’s funeral were found.
Mr Langhorn says officers found a provisional driving licence for a Carol White.
Under the sink was a roll of black bin bags, glass and stainless steel cleaner, Flash bathroom cleaner, Flash kitchen cleaner, an empty white spray bottle, glass and window cleaner, Tesco fabric freshener, two bottle of Febreeze, Dettol surface cleaner, a Mrs Hinch spray bottle, Flash all purpose floor cleaner, Zanato oven cleaner, two bottles Isoprol alcohol one of which was nearly empty, a Co-op surface cleaner, Powerforce cleaner, multi purpose cleaner, rubber gloves and two cannabis plants in large tent in bedroom which had been “set up for growing cannabis”.

DS Sutton confirmed the “remains of a typical cannabis farm setup” was present including a tent, lighting units, plant pots, cannabis leaves and waste plant material

The jury are shown a floorplan of the layout of the flat.
They are also shown pictures of the outside and inside of the address.
The bubble jacket and cannabis plants are pictured.

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]

Footage shows Ashley Dale's home after James Witham shot her dead

Police found the 28-year-old environmental health officer dying in the back yard of her home

www.liverpoolecho.co.uk

 

[Alyce]

15:36Jonathan Humphries

Zeisz hands himself in​

Mr Langhorn says that at 11.43 on August 30, Peers booked a room at the Mercure Hotel in Aberdeen via Booking.com, for a single room for three nights.
The room was paid for with £267 cash by Witham. Peers remained in Merseyside area

At 13.03, that day, Mr Langhorn says Sean Zeisz attends St Anne Street police station with his solicitor, telling the custody desk he understands he is wanted on suspicion of murder.
He is arrested on suspicion of murder and possession of a firearm, and makes no reply to arrest.

His home is still a crime scene at this time.
AL: “Since August 27 right up until this point, after three days, police have been stationed at his address?”
DS Sutton: “Yes.”

At 17.31 Peers makes a 38 second voice call to Radford, and a 41 second call at 22.46.

Mr Langhorn says on August 31 is the last recovered event of Peers’ number being used. Later that same day, the first recovered event for his new number is recorded.
15.57 Peers three attempted calls to Radford
16.53 Radford two attempted calls to Peers
17.14-21.47 Peers makes three calls and an attempted call to Radford

On September 4,a Kia Sportage registered in the name Scott Lunan travels from Scotland to Liverpool, then travels back to Scotland in early hours of September 5, Peers’ phone cell siting alongside it. It arrives at its destination at 5.15am

Police attend Peers home Woodlands Road that day. No-one is present at the time and no items are seized.

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]

15:40Jonathan Humphries

Witham 'gave false name' when arrested​

Mr Langhorn says that at 1.46pm on September 12, Peers made a phone call to Radford.

The following day, Peers called Radford again at 9.05am.
At 10.23am, Abbie Jevons placed an 11 minute 55 second call to Radford.
At around 5pm on September 13, a black Audi Q7 was stopped in the Cumbria area as it travelled on the M6 in the direction of Liverpool.
Peers was the front seat passenger, with James Witham in the rear nearside. James Witham gave a false name, but both were arrested in connection with the shooting.
Bodycam footage from the armed officers who made the stop shows Peers being handcuffed and told he is being arrested on suspicion of murder.
He responds: “Suspicion of murder?”

Witham is smoking a cigarette as he is handcuffed. He is asked his name and responds: “Francis Kelly.”
The footage shows he continues to take drags from the cigarette while in handcuffs.
He confirms his real name is James Witham, and is told he is under arrest on suspicion of murder.
He shakes his head, puts head back and puffs out his cheeks.

The jury are told both men are later released on bail pending further enquiries by police.

Ashley Dale murder trial as it happens

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

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[Alyce]

15:51Jonathan Humphries

"I have nothing to do with this car. I can’t get arrested for it”​

Mr Langhorn and DS Sutton talk the jury through through further calls made on September 16.

12.42 Abbie Jevins makes a 43 second phone call to Radford
12.43 Radford attempts to call Mr Peers twice
13.05 Abbie Jevins calls Radford for two minutes and nine seconds

September 23
19.49 Radford attempts to call Leslie McMahon (Peers’ mum)
20.38 Abbie Jevins calls Radford for four minuttes and 13 seconds.
20.43 Radford makes a one minute and 48 second call to Peers’ mum.
20.53 Radford calls Abbie Jevins for one minute 25 seconds.
Mr Langhorn says Peers had by now been released on bail.

October 4
Ms Jevins attempts to call Radford at 20.31 followed by a successful 32 second call

October 8
18.14 Abbie Jevins attempts to call Radford.

October 9
At 16.33, police attend Waring Avenue in St Helens. A Hyundai i30N Performance was found on a driveway
Miss Jevins, “an associate of Kallum Radford's”, was present.
Bodycam footage of the search is played to court.
Officers are seen looking through the windows of the vehicle using a torch. The car is parked by the side of the house
At 17.27 Ms Jevins attempts to call Radford while police are still present, and when she does not connect a series of WhatsApp messages are sent.
AJ: “Taking that car. I’m getting knocked. Arrested. I have nothing to do with this car. I can’t get arrested for it.”
KR: “What the *advertiser censored** don’t *advertiser censored***** lie omg”
A “Their [sic] waiting on a decision. I feel sick.”
She last attempts to call on Radford’s phone at 17.37. There is a last data event at 17.43 with the “end time of data session” at 18.00.
Police are still present at Ms Jevin’s address six minutes after last messages from her to Radford. His telephone is not used again and is never recovered
The jury are shown photographs of the car in situ at Waring Avenue.

October 11
Radford attends Copy Lane Police Station and is arrested on suspicion of assisting an offender.

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