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

  • #421

Barry: 'Threat was not to go to Ashley and Lee's home'​

Mr Greaney refers to a voice note from Ashley to her friend Lydia.
PG: “This is July 28, two days after the 26th..”
The Voice note from Ashley to Liv is played.
Ashley says: “Had terrible anxiety yesterday, absolutely terrible anxiety. I just can’t even
be arsed speaking about anything, do you know what I mean. Like, I’ve just thought,
just try and not speak about all the madness. Just f*******, obviously, just, just try
And bring positive energy and vibes to the house. And like, me and Lee have just said we’re just not speaking about any madness, we’re just tryna just be on a positive. As
Positive as we can, do you know what I mean?”
PG: “Ashley was talking about having had terrible anxiety the day before, the 27th.- in messages with Lydia on July 30, Ashley explained the position further. She was Reporting liv had been seeing dusty. Sean Zeisz was reporting the same thing to you?”
NB: “Yes, that’s correct.”
PG: “Asking you to smash her car up. She was saying everything had been brought to the surface between you and Lee. That was the truth?”
NB: “No. that’s Sean's girlfriend, has been seeing another lad. That’s nothing to do with me and Lee.”
Mr Greaney reads: “Branch saying he was coming down and that on Tuesday but he never came”.
PG: Ashley was reporting to her friends you had threatened to come down to her house?”
NO: “No that’s not the case. I said I will come down the estate and punch your head in. I have never ever threatened to come down to Ashley’s home.”
PG: “What Ashley was reporting was that your threat had been to come down to her house on July 26.
NB: “I never threatened to go to 40 Leinster Road.”
PG: “I appreciate you say that wasn’t your threat, but what Ashley was reporting was you were threatening to come to her home and that had resulted in her terrible anxiety?”
NB: “That’s what she was saying but it’s only Lee who really knows the truth. I told him i would punch his head in, that’s it.”
PG: “There are other references we can look at where she reports her understanding of your threat. You will say ‘no your threat is a different one’.”
NB: “That’s correct, cos it was.”

 
  • #422
13:08JONATHAN HUMPHRIES

'Your work required you to have access to vehicles'​

Mr Greaney says: “You still had business to do didn’t you?”
Barry says: “Yes I did yeah.”
PG: “That involved moving drugs and money?”
NB: “It did yes.”
PG: “You weren't going to do that on the bus or train. It required you to have access to motor vehicles. The idea that a drug dealer dealing in tens of thousands of pounds of cash was dependent on good will of people to give a lift was untrue?”
NB: “If you offer people good money they’re going to do it aren't they?”
PG: “Your work required you to have access to your own vehicles.”
NB: “I didn't have me own vehicles, I had people who would take drugs down the motorway and pick money up.”
PG: “Part of your business involve the Hyundai being obtained for your criminal purposes.”
NB: “That car was nothing to do with me.”
PG: “This was a vehicle, just as with the Audi, you controlled?”
NB: “I didn’t control that car, no.”
PG: “David McCaig worked for you in your drugs operation.”
NB: “No that's not the case no.”
PG: “In that call on August 12 at 11.11 from you to David McCaig, you were giving him an instruction to pursue the acquisition of the Hyundai.”
NB: “That’s not right Mr Greaney.. I speak to David McCaigmost days. That would have been general chat, how are you, what are you doing today lad.”
PG: “He started a chain of communications with Mr Gowland, who owned that Hyundai. He was doing that under your instructions, doing your bidding?”
NB: “No, that’s not the case.”
PG: “We get to August 15, the day of the acquisition. Mr McCaig is contacting Witham, and Witham then attempts to contact you. This is all about the acquisition of that vehicle for you?”
NB: “No, that’s not the case. No.”
PG: “At 11.50, you send a message to Brew New. Can you remind me who that is?”
NB: “Lee Brewer.”
PG: “Did you tell the jury you were after a van and that you had commissioned him to do that work for you?”
NB: “I think someone was selling a van, a Volkswagen Caddy. I knew someone else who wanted the van. I was getting it to make a profit.”
PG: “Just before half past 1, McCaig arrives at 267 Pilch Lanel. You were there at that time?”
NB: “I think so.”
PG: “We can see McCaig making arrangements with Brain Gowland to acquire the car. He will have been with you. Was he explaining what he planned to do?”
NB: “I was aware they were going to part exchange an Audi for a new car, yes.”
PG: “McCaig and Witham leave the lat shortly before 2pm. Whilst they’re out, on the way to acquire that vehicle, do you see that James Witham is in touch with you on three occasions?”
NB: “I can see that yes.”
PG: “This was James Witham updating you about their progress.”
NB: “No, that’s not the case Mr Greaney no. That would have been general talk. No one was buying any car for me.”
PG: “They finally get on their way to where they’re purchasing the vehicle from. We can see David McCaig is making the final arrangements with Brian Gowland. I believe you told us the vehicle was being acquired by James Witham?”
NB “That’s correct.”
PG: “And the vehicle was going to be Witham’s car?”
NB: “That’s correct.”
PG: “Can you help us why David McCaig was making these arrangements?”
NB: “Cos it was through David McCaig that he acquired the car.”
PG: “What the evidence indicates is that at some stage after that message by David McCaig to Brian Gowland, the Hyundai is acquired. At 5 and 5.15, you’re in touch with Witham and Witham is then in touch with you?”
NB: “Yes, that’s correct.”
PG: “Just before the vehicle is acquired. You were being updated?”
NB: “No Mr Greaney, no. Why wouldn't I go up there meself and have a look at it myself?”
PG: “Because you have joeys who do your running for you.”
NB: “It’s nothing to do with joeys, that wasn’t my car.”
Barry again says the calls would have been “general chat”.
PG: “Afterwards, you’re in contact with Witham. we can see that at 18.36 you are in touch with David McCaig and then James Witham is in touch with you. Over the course of that day, you were in contact with the two men who had gone to acquire it?”
NB: “That’s correct, yeah.”
PG: “By 7.16, they had returned with the vehicle. Did Witham have his own home?”
NB: “He did yes.”
PG: “We know the Hyundai tended to be parked near to 267 Pilch Lane.”
NB: “It had been there a couple of times yeah.”
PG: “That’s where you were spending quite a lot of your time. Can you help us with why he was parking near where you were living?”
NB: “He must have been in the flat at the time.”
PG: “About 10 minutes after they returned, you left the flat with them. Subsequently returning with Sean Zeisz. What had happened is the vehicle, you were being taken to see it and approve it?”
NB: “No I don’t agree, no.”
PG: “The Crown’s case is not just that this was a car for you to use but a car you intended to use for criminal activity. It’s August 16 now, the day after the acquisition. During the mid afternoon, Lucy Worley sent you a message. The message read ‘only wanna know me when it suits you. It’s mad how much you have changed in the last three or something months’. Do you agree you had changed?”
NB: “No, I don’t agree no. That was my girlfriend has got a cob on. I was probably meant to do something with her that day, go for food or something, and I didn’t.”
PG: “And do you agree the change had come at Glastonbury?”
NB: “I disagree.”
PG: “That message stored on a handset you controlled. There’s a draft message.”
The message contains a car registration number.
PG: “Do you agree that is set of plates related to a Hyundai vehicle, a set of plates that was used when it was taken to St Helens on August 21?”
NB: “Yeah I do.”
PG: “That was your plan wasn't it, to obtain a false number plate so that vehicle could be operated on those false plates?”
NB: “No that wasn't the conversation at all. The conversation was if we ever got chased with money or drugs in the car we could change them.”
PG: “Why were you storing the plate of a cloned vehicle?”
NB: “I just typed it in, it had no relevance to me.”
There is also a phone number on the draft message which Barry called twice on August 16.
PG: “Five days later, that car was on false plates. Those false plates had been manufactured.”
NB: “Yeah that’s correct yeah.”
PG: “Obviously. Was this the number of a person you knew could manufacture false plates
NB: “No that's not correct.”
PG: “Think very carefully. Within that message stored on your phone we’ve got the false number plates and a number you call on August 16. Just think please and tell us who it was you were calling?”
NB: “I can’t recall. I can’t remember.”
PG: “Can you help us with the circumstances in which those plates were manufactured.”
NB: “I can’t, I don’t know where them false plates come from.”
PG: “In that same message you’ve stored there are two other registration marks. How did those two registration marks come to be in the same message?”
NB: “I must have been asked to type them in.”
PG: “It was Witham telling you to type them in.”
NB: “I can’t remember exactly.”
PG: “You had, on August 12, been exploring the acquisition of a van with Mr Brewer. The registration mark relates to a real vehicle, that real vehicle is a van.”
NB: “Yes, I’m unaware but yes.”
PG: “Does that jog your memory?”
NB: “No, it doesn’t.”
PG: “You’ve acknowledged you wanted a van. There is a false plate for a van. Just as with that van you had acquired that Hyundai and you were the person driving a false plate for it
NB: “That’s not correct, definitely not.”
The court will now break for lunch, resuming at 2pm.

 
  • #423
14:11JONATHAN HUMPHRIES

Barry: 'I was not running the Kyle Line'​

Mr Greaney rises to continue his cross-examination.
PG: “We’re turning now to the trip to North Wales on August 19. You accept you travelled there in the Hyundai?”
Barry says: “Yes I accept that yes.”
PG: “Have Ii correctly understood your position. You were travelling for your own criminal purposes connected with kilo deals of drugs?”
NB: “Drug dealing yes.”
PG: “James Witham was travelling for a separate criminal purpose?”
NB: “Yes that’s correct.”
PG: “That being the Kyle Line?”
NB: “Yes.”
PG: “And although your criminal activities were unconnected it was convenient to travel together?”
NB: “Yes that’s correct.”
PG: “You begged a lift from him?”
NB: “I didn’t beg a lift, I was just going down the same day, I jumped in the car.”
PG: “It was a coincidence?”
NB: “Yes that’s correct.”
PG: “Peers and McCaig were just along for the ride?”
NB: “Yes that’s correct.”
PG: “It is possible isn’t it for a drug dealer to deal in kilos and also operate a county line?”
NB: “It would be possible yeah.”
PG: “There’s no law of drug dealing that prevents that. That's what you were doing?”
NB: “That’s not what I was doing there.”
PG: “You were running the Kyle Line?”
NB: “I wasn't running the Kyle Line, no.”

 
  • #424
14:16JONATHAN HUMPHRIES

'It was not my organised crime group'​

Mr Greaney refers to the agreed facts (evidence agreed between the prosecution and defence).
PG: “On July 8, 2022, Niall Barry contacted someone saved as Jamie and offered to sell the Audi to him. Jamie referred to Mr Barry in those texts as ‘Kyle’. Can I suggest to you, yet again, you are demonstrating control over that vehicle?”
Barry says: “No I was just trying to sell the car to earn a profit on it.”
PG: “The reason Jamie referred to you as Kyle was because you were the Kyle of the Kyle Line?”
NB: “No, that’s not correct.”
PG: “That phone that you have repeatedly described as your phone was the Kyle Line phone. Explain?”
NB: “I may have had that phone before a few times before, I may have answered it when James was busy. That’s my link to that phone. I used to sell drugs in similar areas, Holywell, Bangor.”
PG: “I suggest it’s you, you’re the Kyle of Kyle line. But you deny that?”
NB: “Yes.”
Mr Greaney refers to the trip to North Wales on August 19.
PG: “Let’s look at your movements that day. There have been various movements around 267 Pilch Lane that day, they resulted in the Hyundai arriving on Pilch Lane. At 1.43pm, the four of you, you Niall Barry, James Witham, Joseph Peers and David McCaig, leave and you go to the Hyundai?”
NB: “That’s correct.”
PG: “Just after quarter to 7, this is the four of you returning to Pilch Lane from North Wales.”
NB: “Yes that’s correct.”
PG: “This was you and your organised crime group together doing business drug dealing in North Wales that day.”
NB: “I wouldn’t say it was my organised crime group. I will admit it was to do with drugs that day, but it’s not my organised crime group, no.”

 
  • #425
14:26JONATHAN HUMPHRIES

'Not everyone involved in drugs is also involved in firearms'​

Mr Greaney says: “The drugs business can be a violent business can’t it?”
Barry replies: “No. No, I wouldn’t know. I wouldn’t agree, no.”
PG: “If someone takes your drugs, you can’t report it to the police?”
NB: “Yes I agree that.”
PG: “If someone owes you a debt, you can’t sue in the courts?”
NB: “It can resolve to violence but it doesn’t in every situation.”
PG: “I am not saying in every situation, but the drugs business can be a violent business can’t it?”
NB: “Yeah it can be, yeah.”
PG: “And would you agree with me, drugs and guns go together?”
NB: “No I don’t agree that, no.”
PG: “Sometimes to force a debt or stop people regarding you as a soft touch you will need access to firearms?”
NB: “Not everyone who sells drugs is involved in firearms, definitely not.”
PG: “In August last yeat, f you wanted a gun you would have been able to source one?”
NB: “I didn’t need one. I’ve never tried.”
PG: “I’m not sure it’s right you’ve never tried, and we’ll come to that. But if in August of last year you needed a gun you would have known how to go about getting one?”
NB: “I didn’t need a gun in August, so no I wouldn’t.”
PG: “In 2020 you were actively involved in that world?”
NB: “I was Mr Greaney, yes.”
PG: “Is it the position that users of EncroChat handsets don’t communicate by numbers as users of normal handsets would, but by handles?”
NB: “That’s correct.”
PG: “Nicknames in other words. Your handle was ‘BetterTrunk’. Only someone else who also had an EncroChat handset could contact you. On my iPhone I wouldn’t be able to contact you on EncroChat. even then, they can only contact you if they’ve sent you an invitation and you have accepted it?”
NB: “Yes, that’s correct.”
PG: “Every EncroChat user was able to communicate with a closed community of people whose invitations they had accepted?”
NB: “Yes that’s correct.”
PG: “Here comes the carefully formulated question. On April 10, 2020, you were using your EncroChat handset and were in communicate with someone called FrostySocks. In April 2020, you knew who FrostySocks was?”
NB: “Yes that’s correct.”
PG: “You knew that person well?”
NB: “Yes that’s correct.”
PG: “And in August 2022 you were still in contact with that person?”
NB: “Yes that’s correct.”
PG: “To that person, you were saying get that .38 off gibbs?”
NB: “Yes that’s correct.”
Mr Justice Goose interjects: “You knew the true identity of the person behind that?”
NB: “Yes that’s correct.”
PG: “You knew that person well?”
NB: “That’s correct.”
PG: “You were still in regular contact with that person in Summer 2022?”
NB: “Yes that’s correct.”
PG: “You were saying get that 38 gun off Gibbs?”
NB: “Yes I was yeah.”
PG: “It would seem to follow you knew a person as Gibbs?”
NB: “I just know him as Gibbo.”
PG: “You knew he had a 38 firearm?”
NB: “Yes that’s correct.”
PG: “You knew that was a firearm you could access?”
NB: “Yes that’s correct.”
PG: “You were saying your other things, your other guns, were ‘quite far, dodgy on the road. That’s local. Just get that and skorp’. You were saying I can also access a Skorpion sub-machine-gun and you were in short saying to this person that you knew, get the 38 and we’ll get a Skorpion sub-machine gun as well?”
NB: “Yes, that’s correct.”
PG: “Where was that Skorpion?”
NB: “It was in a drug user’s house.”
PG: “The address?”
NB: “I can’t remember where it is.”
PG: “The name of the drug dealer minding it?”
NB: “Gibbo.”
PG: “Gibbo had the Skorpion sub-machine gun as well?”
NB: “Yeah.”

 
  • #426
14:35JONATHAN HUMPHRIES

Use of Skorpion in Ashley Dale shooting 'a coincidence'​

Mr Greaney continues. “Again, here are carefully formulated questions. On April 19, again you were using your EncroChat device. You were in touch with a person called BeigeSalad?”
Barry says: “Yes that’s correct.”
PG: “In April 2020, you knew the true identity of BeigeSalad didn’t you?”
NB: “Yes that’s correct.”
PG: “He was someone you were in regular contact with?”
NB: “Yes that’s correct.”
PG: “In short, BeigeSalad was sending you a list of firearms that he had available?”
NB: “Yes that’s correct.”
PG: “Essentially inviting you to identify whether you wanted any of them?”
NB: “That’s also correct yeah.”
PG: “You said the ‘Skorp and the Tech and the Grand Power, that you would defo have them?”
NB: “Yes that’s correct, I was. It was wrong but I was trying to get them to sell on for a profit. I’ve been convicted and jailed for it. I’m doing me jail for it.”
PG: “June 3 and 4, again you were using your EncroChat device. You were in communication with a person with the handle ButterflySea?”
NB: “Yes, that’s correct.”
PG: “In June 2020, you were well aware of the true identity of ButterflySea weren't you?”
NB: “Yes that’s correct.”
PG: “He was a person that you were in regular contact with?”
NB: “I was yes.”
PG: “In July and August of last year, 2022, you were still in regular contact with that person?”
NB: “Yes that’s correct.”
PG: “ButterflySea was saying to you that someone called Max wanted to buy a gun?”
NB: “That’s correct.”
PG: “You knew who Max was didn’t you?”
NB: “I weren't aware no.”
PG: “You asked what he was after and you were told he wanted a machine gun?”
NB: “Yes that’s correct.”
PG: “You made plain that was something you could achieve for Max?”
NB: “At the time I was a lot younger and stupider. I probably would have sold it to him. It was a stupid mistake. I didn't even sell the gun. I shouldn't have said it.”
PG: “In 2020 you had access to firearms including a Skorpion sub-machine gun of the sort used to kill Ashley?”
NB: “That’s correct.”
PG: “In August 2022, you were still in regular contact with at least two of the three people you had been speaking to about guns?”
NB: “Yes that’s correct.”
PG: “When I asked you to agree that in August 202, you were able to source firearms, isn’t the true answer a simple ‘yes’?”
PG: “No it's a definite no. This was EncroChat. This is two and a half years before. It sounds mad coming from me but EncroChat was a mad bit of technology. You could get anything on there. A lot has changed since EncroChat came out on top, a lot.”
PG: “Witham left you to attack the home of a man with whom you had fallen out with a gun of a type you could source?”
NB: “No.”
PG: “Those are not coincidences are they?”
NB: “That is a coincidence. The Skorpion, got rid of it in 2020. There’s no way. That’s the god’s honest truth.”

 
  • #427
14:45JONATHAN HUMPHRIES

'Confession' story a 'pack of lies'​

Mr Greaney continues: “This is just before 3 o’clock on the 20th. You had been in that flat for most of, certainly the couple of days before this, and much of the week before this?”
Barry says: “I’d been tending to the cannabis.”
PG: “When had you completed that work?”
NB: “Around teatime on this day, the 20th.”
PG: “5 o’clock.”
NB: “Probably a bit later.”
PG: “At this time, the work was still underway?”
NB: “It was yeah.”
PG: “Joseph Peers and Ian Fitzgibbon enter the flat. The flat had been the centre of a cannabis growing operation. You were still cutting the cannabis plants and no one who entered that flat could have had any doubt about that?”
NB: “Erm yeah. I was still speaking to whoever was in the flat but I was sometimes in the other room finishing what I was doing.”
PG: “Is it your position that it is possible someone could have been in that flat and not realised it was being used to cultivate cannabis?”
NB: “It stunk of cannabis. It must have yeah.”
PG: “Anyone would realise what was going on?”
NB: “Oh yeah. There would have been the smell of cannabis.”
PG: “Is Sean Zeisz correct to say there were two big bags of cannabis?”
NB: “There was a little bag of cannabis on the tray and 3kg in the other room. It did stink yeah.”
Mr Greaney says Ian Fitzgibbon and Joseph Peers go to Go Local and purchase Sim Card for Niall Barry.
Barry says: “I was sitting in the flat. They were going to get drinks, crisps and chocolate. I said do us a favour, get a sim card please.”
PG: “Is it a coincidence on the night of the attack on 40 Leinster Road you stopped using your old number and started using a new one.”
NB: “No I’d been meaning to change my number for days. You’ve seen text messages from my girlfriend telling me to change my number?”
PG: “I believe you said an ex girlfriend had been bothering you?”
NB: “I had my suspicions it was an ex girlfriend but i’m not 100 percent.”
PG: “Which girlfriend did you think it was?”
NB: “I don’t know, just an ex girlfriend.”
PG: “This had been causing problems with Lucy?”
NB: “It had yeah.”
PG: “You’d hardly been with her for the week. What became so urgent this day?”
NB: “I’d been up the wall the days before. I’d finished what i was doing.”
PG: “The change in number was just a coincidence.”
NB: “That’s correct yeah.”
Mr Greaney says Witham and Peers are shown leaving the flat at 10.09pm.”
PG: “You believed Peers was going home and Witham was going because he’d been told to leave?”
NB: “I’d asked him to leave because he was being rowdy.”
PG: “There was no reason for you to believe they would stay together?”
NB: “No. there’s no particular reason why they’d stay together.”
PG: “Ian Fitzgibbon was in that flat with you?”
NB: “That’s correct yes.”
PG “James Witham sent him a text message at 10.23 and Ian Fitzgibbon replied within 13 seconds.”
NB: “Yeah I can see that.”
PG: “Can you help us, given you were there in that room, with what that exchange of messages was about?”
NB: “No I couldn’t tell you. I don't know what other people are texting to other people.”
PG: “There is contact you should be able to help us with. At 22.43 you made an attempt to call James Witham Having not got through, you called Joseph Peers.”
NB: “Yeah I can see that, yes.”
PG: “In circumstances in which you had no reason to believe those two men remained together, why did you call James Witham then immediately call Joseph Peers?”
NB: “To be honest just where it hasn’t gone through, i can’t even remember making those calls. I don’t know. I can’t remember making them calls to be honest.”
PG: “If I know two of my friends are at a football match together and U want to get hold of one, I might ring that person first. If I can’t get through, I might ring that other person. Does that make sense?”
NB: “It makes sense. If it was a conversation I could remember, where it’s gone to voicemail it’s got no relevance to me I can’t recall what I rang the pair of them.”
PG: “That’s exactly what happened here. Because you knew he was with Peers, you called Peers.”
NB: “That’s not the case. I only rang him once, it can’t have been that important.”
PG: “You knew they were on their way to attack 40 Leinster Road?”
NB: “No that’s not the case at all. The prosuction case is wrong. Why would anyone ring someone off their personal phone if they would commit any type of shooting. Why would someone do it in their own car. I never got rid of that phone.”
PG: “You made regular searches on the Liverpool Echo website crime section. You were searching to see if there was any news of what you knew was intended to happen?”
NB: “No. I look at the Echo every day.”
PG: “At 1.25, Witham and Peers return together. They returned from the mission you had sent them on.”
NB: “That’s incorrect Mr Greaney. I hadn’t sent no one on no missing I’ve got no authority to send a 41-year-old man in his own car to do a shooting. There’s no chance it would happen.”
PG: “I put it to you the story of a confession by Witham is just a pack of lies.”
NB: “No, I put it to you Mr Greaney that we was there and that was the truth and the whole truth.”

 
  • #428
14:53JONATHAN HUMPHRIES

Barry was going to flee the country 'in a lorry'​

Mr Greaney says: “You said earlier today you were shocked and saddened once you discovered James Witham had killed Ashley Dale.”
Barry said: “Of course. I’d never want to see any woman harmed in my life, never ever.”
PG: “In that state you completed a drug deal the next morning?”
NB: “I was just trying to get my stuff out of that flat to be honest.”
PG: “In that shocked and saddened state you waited in the car outside Sazhouse and had a lamb sandwich did you?”
NB: “Yes that’s correct.”
PG: “You made plans to escape the country?”
NB: “I did Mr Greaney, yes.”
PG: “This is you communicating with a person known as Gus. Gus was a fixer?”
NB: “Yes that’s correct yeah.”
PG: “A person who could enable people who needed to get out of the country incognito to do so?”
NB: “Yes that’s correct.”
PG: “Who is Gus?”
NB: “I don’t know him.”
PG: “How did you get in touch?”
NB: “A friend who’s not relevant to this case.”
PG: “You’re not prepared to name that friend?”
NB: “Yes.”
PG: “Was Gus prepared to do this out of the goodness of his heart or would you have to pay?”
NB: “I didn't get round to that point with him, I probably would have had to pay for it. You can see from the messages no prices got exchanged or anything like that.”
PG: “You were going to have to be picked up in the Midlands or south of England and transported to mainland europe. How were you going to be smuggled?”
NB: “I was going to be in the top bed of a lorry.”
PG: “There was obvious contact between you we hadn’t seen?”
NB: “No there wasn't no.”
PG: “You were going to be smuggled out in a lorry. Obviously there was going to be a cost involved. Give us an idea how much you were prepared to spend to flee the country?”
NB: “I couldn’t tell you. I didn’t know whether it was a grand or whether it was more.”
PG: “You were making plans to flee because you had been involved in the plot.”
NB: “Nobody in that flat was involved in what happened.”
PG: “That’s why you were running.”
NB: “The car had been involved in that situation. I’ve been in that flat.”
Mr Greaney refers to the arrest at Formby Hall.
PG: “You went there with bags. That was one of the bags you had with you, in which there was your passport. No doubt you had that to enable you to move around mainland Europe once you got there. You had over £10,000 in cash.”
NB: “That’s correct.”
PG: “You had that money to spend once you arrived in mainland Europe?”
NB: “No that's not correct.”
PG: “The Nokia we can see, you know which phone that is.”
NB: “No I’m not aware.”
PG; “The Kyle Line phone.”
NB: “Is it.”
PG: “It is.”
NB: “Yes.
PG: “When you were arrested you said to the police it’s nothing to do with her, she didn’t hurt no one.”
NB: “I didn’t say that. Surely to god, I know them police had their bodycam on. When they do a firearms operation as they call it, they’ve got to have bodycam footage on. I know they had their bodycam footage on there.”
PG: “You told the jury you were sad and shocked. Like Saz you said you wanted to find Witham so he could be handed over to the police.”
NB: “I wanted to see him for him to hand himself in.”
PG: “Let’s see what you did. You made no attempt to contact Witham?”
NB: “I didn't want to ring him.”
PG: “You made no anonymous call to the police?”
NB: “No I did not?”
PG: “Or to Crimestoppers?”
NB: “No I did not?”
PG: “When you were spoken to by the police, you breathed not a word of Witham’s confession.”
NB: “No I did not.”
PG: “That's because you hadn’t made it up by that stage.”
NB: “I was scared, I’ve got a family myself. I understand what happened is a tragedy.”

 
  • #429
14:59KEY EVENT

'I am no angel - but I never wanted to kill Lee Harrison'​

Mr Greaney says: “This is Ashley’s group of friends talking about the impact the dispute between you and Lee Harrison is having. Can you see Ashley says ‘Not being funny but you meant to be my mate and my fella, Lee Harrison’ hasn’t come cos he, that is you’ is saying he’s going to shoot him’. You had been saying that.”
NB: “I’ve never ever threatened to shoot Lee Harrison in my life.”
PG: “The truth is your hatred of Lee Harrison that went back to those events concerning the Hillsiders drove what happened that night.”
NB: “No Mr Greaney, no.”
PG: “You encouraged that attack intending Lee Harrison to be killed and no one left behind.”
NB: “No the prosecution case is completely wrong. This is a 41-year-old man who has done this off his own back, he had his own argument with this person, he has got his own money. I never ever got robbed by Lee Harrison himself, I got robbed by people associated with where his mum lives. I didn’t like him, but I didn't like a lot of people. It doesn't mean I want to kill them. I’m not an angel. I didn’t like him but I certainly didn’t want to kill him. We have all had arguments with people and stopped speaking to them. That’s as far as it went.”
Mr Greaney says: “We’ve seen what Ashley’s take is, it couldn’t be more different from your own?”
NB: “No.”
That concludes Mr Greaney's questions.

 
  • #430
15:07JONATHAN HUMPHRIES

'I'd never want anyone to go to where my family lived'​

Stan Reiz, KC, representing Barry, has some questions in re-examination.
SR: “You were asked about the phone calls you made to Lee Harrison on July 26. You admitted to the jury you made a threat to him. Can you remind them what you said?”
NB: “I did, I told him stop mentioning my name with what you’ve been doing, robbing money or drugs I can’t remember word for word what got said. I said I'll come to the estate and punch your head in if. I said I'll come down to the estate. I never threatened to go to 40 Leinster Road in my life.”
SR: “The threat was you were going to come down to the estate.”
NB: “And punch his head in. whatever he was trying to throw my name into wasn't the truth. I had no thing of doing it. The specific words were stop mentioning my name. Mention my name again and I’ll come down to the estate and punch your head in.”
PG: “Did you know where Lee Harrison lived?”
NB: “Yeah we were good friends at one point.”
PG: “How many properties did you know which were associated with Lee Harrison?”
NB: “Probably every one of them.”
PG: “How many in total?”
NB: “I know where his mum lives, I know where his nan lives, I know where his aunties live, I know where his dad lives, I know where his cousins live. I know his whole family. I’ve never threatened to come to any properties. At the height, I still never went to any of their houses. I wouldn’t do that. I've got a family myself. I'd never want anyone to go to where my family lived. I’d never do that. If I had a problem with him, I'd see him on the street.”
Mr Reiz reads another message sent by Ashley Dale: “There been murder again. Branch saying he was coming down on Tuesday, but he never came’. Is it right you said you would come down in your phone call?”
NB: “That’s correct.”
SR: “You never did.”
NB: “That’s correct.”
SR: “It was suggested that while Ashley Dale doesn’t say coming down to Leinster Road, that’s what she must have meant.”
NB: “I don’t agree with that.”
SR: “This is the voice note Ashley Dale sent to Sophie. If something happens to him, Branch is saying he’s gonna come and do something. Do you agree with that? Is that what you said?”
NB: “Word for word what I said was, if you carry on mentioning my name I’ll come down to the estate and punch your head in. I’ve never ever threatened to go to 40 Leinster Road, ever.”
Mr Reiz reads another message: “Now branch is on his high horse, Lee has got dragged back into it. If she hadn’t split up with Zest I don't reckon any of this would have happened and Lee wouldn’t have had this murder on the phone. Branch wouldn’t have said he was coming down the estate.”
NB: “There you go. I have never ever threatened to come down to 40 Leinster Road, I wouldn’t do it.”
Mr Reiz has no further questions. Justice Goose calls for a short break.

 
  • #431
15:12JONATHAN HUMPHRIES

Niall Barry concludes case​

Justice Goose returns and calls for the jury.
Mr Reiz rises and says: “My Lord, that’s the case for Niall Barry.”
Justice Goose tells the jury: “Ladies and gentlemen, that concludes the evidence to be called on behalf of Niall Barry. We would normally move on to the next defendant, but I want to rise a little earlier today.”
The judge asks the jury to return at 10.30am on Monday. Thanks for following our updates, we will return on Monday with further live coverage.

 
  • #432
On Wednesday NB said he didn't purchase firearms:
SR: “Did you ever purchase any of those firearms?”
NB: “No none of them, they said that they were gone.”
SR: “You never acquired any of those firearms?”
NB: “No none.”
SBM.

Now he's saying he got rid of the Skorpion in 2020:
PG: “Witham left you to attack the home of a man with whom you had fallen out with a gun of a type you could source?”
NB: “No.”
PG: “Those are not coincidences are they?”
NB: “That is a coincidence. The Skorpion, got rid of it in 2020. There’s no way. That’s the god’s honest truth.”
SBM.
 
  • #433
10:35KEY EVENT

Ian Fitzgibbon to give evidence​

Mr Justice Goose has entered court.
John Cooper, KC, confirms his client Ian Fitzgibbon will be giving evidence and Fitzgibbon, wearing a dark blue sweatshirt over a light blue shirt and dark trousers, is escorted to the witness box.
Justice Goose calls for the jury to be brought into court.

10:40JONATHAN HUMPHRIES

'I've always sold cannabis'​

Fitzgibbon is sworn in on the bible.
Mr Cooper tells his client: “I will tell you what I tell everyone. Keep your voice up, this is your opportunity to give your version of events.”
He gives his full name Ian Christopher Fitzgibbon, and confirms he is 28-years-old.
Mr Cooper says: “A little bit about yourself first. Where were you brought up?”
IF: “In the Old Swan area.”
JC: “Do you have brothers or sisters?”
IF: “Two little sisters. Claudia and Amber. Claudia’s 26, Amber’s 23.”
JC: “Your mum’s been in court throughout this trial hasn't she?”
IF: “Yes sir.”
JC: “What sort of work have you done in the past?”
IF: “I’ve never really worked. I’ve always sold cannabis to be honest.”
JC: “When did you start doing that Mr Fitzgibbon?”
IF: “About 10 years ago?”
JC: “What sort of levels of cannabis selling were you involved in?”
IF: “I’d get a kilo of cannabis and sell it in ounces.”
Fitzgibbon says he would earn around £1,800 to £2,700 per month by selling to “different friends around the city”.

 
  • #434
10:46JONATHAN HUMPHRIES

Fitzgibbon outlines criminal record​

Mr Cooper says: “I’m going to ask you about your previous convictions now. I’m going to ask you to tell the jury about every single one of them. Was your first conviction at Liverpool and Knowsley Magistrates Court, on 26 March, 2015?”
Fitzgibbon says: “Yes sir.”
JC: “Was that for possession of a controlled drug of class B, cannabis and cannabis resin?”
IF: “Yes sir.”
JC: “Did you plead guilty?”
IF: “Yeah I did.”
JC: “Every single offence, you pleaded guilty to?”
IF: “Yeah, that’s right.”
JC: “As a result of your plea, were you fined £40 and certain cost orders made against you?”
IF: “Yeah that’s right.”
JC: “June 9, 2015 in Liverpool Crown Court, were you there pleading guilty to possession with intent to supply Class B cannabis?”
IF: “Yes sir, I was.”
JC: “Effectively, were you given a suspended sentence of imprisonment?”
IF: “Yeah that’s right.”
JC: “Six months suspended for 24 months.”
IF: “Yes sir.”
JC: “With various other requirements?”
IF: “Yeah that’s right.”
JC: “Third, on September 19, 2017 at Merseyside Magistrates’ Court, dangerous driving. Plea of guilty?”
IF: “Yeah that’s right.”
JC: “You were given an interim disqualification?”
IF: “Yes sir, that’s right.”
JC: “October 17, 2017 at Liverpool Crown Court. possession of controlled drug, class B?”
IF: “Yes sir that’s right. Cannabis.”
JC: “Handling stolen goods. What did that relate to?”
IF: “I was in a stolen car.”
JC: “For that were you given imprisonment for six months?”
IF: “Yes sir, that’s correct.”
JC: “Is it right that is the top and bottom of your criminal record?”
IF “Yes sir, that’s correct.”
JC: “Are there any offences of violence or threatening violence?”
IF: “No sir.”

 
  • #435
10:48JONATHAN HUMPHRIES

'I would never see any harm come to Lee or Ashley'​

Mr Cooper says he will put the prosecution case to his client, and asks Ian Fitzgibbon to outline his response.
JC: “They say you are an organiser of this terrible event, the killing, the murder of Ashley Dale with the target originally of Lee Harrison. were you an organiser in any way of that?”
IF: “No.”
JC: “It’s the Crown’s case that you were part of organising that hit. Did you in any way get involved?”
IF: “No sir. Lee’s been my friend for years. I’d never see no harm come to Lee or Ashley.”
JC: “Did you monitor the behaviour of others on that night?”
IF: “No sir, not at all.”
JC: “The prosecution say that you knowingly involved yourself with a hit on Lee Harrison with a common purpose that any other person in the way should be killed. Were you involved in the organisation of a hit on Lee Harrison with also an understanding that anyone that was there at the time would be killed?”
IF: “No sir. That’s not true. Lee’s always been my friend. I’d never see no harm come to Lee.”

 
  • #436
11:00JONATHAN HUMPHRIES

'I knew Ashley Dale for years'​

Mr Cooper says: “Sean Zeisz. Did you know him?”
Fitzgibbon replies: “I knew Sean for about 12 years. He’s been with my cousin Olivia for about six years. I got closer with him when he was with our Olivia.”
JC: “How would you describe your relationship with Sean Zeisz?”
IF: “We was good friends. I’d consider Sean as me best friend.”
JC: “When you were with Mr Zeisz, what sort of things would you be doing?”
IF: “Chill out, go down to me nan’s and have a couple of drinks. Party now and again, get drinks together. Generally we’d chill out or party with each other, I’d take me girlfriend, Daisy.”
JC: “Daisy is your girlfriend?”
IF: “Yes sir.”
JC “Is she in court today?”
IF: “Yes sir.”
JC: “How long had you been going out?”
IF: “Four years now.”
JC: “Niall Barry. How well did you know him?”
IF: “I knew of Garry for about three four years through Sean and Lee. I never been close to him. Since Rikki died, that’s how I got to know him better. Through Sean.”
JC: “Did you ever socialise on a one to one basis?”
IF: “No, never.”
JC: “Did you ever go to his flat?”
IF: “I never been to his flat.”
JC: “James Witham, did you know him?”
IF: “No, Witham’s only been around since Rikki had died. I’ve always heard of him through Lee and Sean but I never really knew him. Since Rikki, that’s when he’s been about. He’s always been with Barry. I’ve seen more of him since Rikki died.”
JC: “Joseph Peers?”
IF: “I knew of Joe for years since school days. He was a boxer, I used to do a bit of boxing myself so I just knew of him as a good boxer. Since Rikki had died, he’d been around Sean more often. Three or four months before this happened, I got to know him a bit better. On a social level, I’d have a drink with him, sit in Zest’s mum’s. It’s always been with Sean.”
JC: “Michael Kershaw. Did you know Mr Kershaw?”
IF: “I’ve knew Michael Kershaw for roughly a year. I got to know him through Sean. The flat on Pilch Lane, I always thought that was his flat. That’s how I got to know Kershaw. A year before these events, through Mr Zeisz.”
JC: “What flat was Mr Kershaw associated with?”
IF: “The flat on Pilch Lane, 267.”
JC: “You thought that was his flat. Was it his flat?”
IF: “As far as i was aware that was his flat, i only ever knew that to be his flat.”
JC: “What gave you the idea it was Mr Kershaw’s flat?”
IF: “Every time I’d go down there he’d be in there. I thought he had a grow in there as well.”
JC: “Were you involved in any way with the cannabis?”
IF: “No sir.”
JC: “What was your connection with 267 Pilch Lane? You thought Mr Kershaw lived there. What was your connection?”
IF: “I had no connection, I'd just go down to socialise and have a few drinks.”
JC: “How often would you go there?”
IF: “I’d say two, three times throughout the week maybe.”
JC: “When you socialised, who would usually be there?”
IF: “Sean, Kershaw, Barry, Joe, Wititham David McCaig, Lee Brewer. All different types of people.”
JC: “What do you mean by socialising?”
IF: “Smoking cannabis really.”
JC: “Did you know Mr Radford?”
IF: “No sir, never spoke to him or seen him before in my life.”
JC: “Were you in anyway involved in the getting of a Hyundai motor car?”
IF: “No Sir I wasn’t.”
JC: “Lee Harrison. Did you know Lee Harrison?”
IF: “Yeah. he’s been me friend for 10 plus years or so.”
JC: “In general, how would you describe your relationship with Lee Harrison?”
IF: “I’ve always had a good healthy relationship with him, always had a laugh with him. I’ve partied with Lee since were were 17, 18 years old.”
JC: “Ashley Dale. Did you know her?”
IF: “Yeah I knew Ashley for years as well. She’s friends with our Olivia, me sisters. She’s a lovely girl.”
JC: “How long had you known Ms Dale for?”
IF: “Since she’s been with Saz. I got to know her more often through partying in town together and being in festivals together.”
JC: “Olivia, your cousin. Did she know Ms Dale?”
IF: “Yeah, they was friends.”
JC: “Do you get on with Olivia?”
IF: “Yeah. she’s like me older sister to be honest.”
JC: “Olivia was close friends with Ms Dale?”
IF: “Yes sir, that’s correct.”
JC: “Did you know Ms Dale lived with Lee Harrison?”
IF: “Yeah I did.”
JC: “It’s suggested you knowingly were involved in organising a hit whereby anyone would be killed. Do you understand that is the Crown’s case against you?”
IF: “I understand, but It’s untrue what the Crown are saying, I’d never see no harm come to them.”

 
  • #437
11:26JONATHAN HUMPHRIES

'No trouble at Rikki Warnick funeral'​

Mr Cooper says: “I want to ask you about Rikki Warnick and the funeral. You’d known him quite well?”
Fitzgibbon says: “Yes sir, he’s me good friend.”
JC: “And he committed, sadly, suicide?”
IF: “Yes that’s right.”
JC: “Did you attend the funeral on August 10?”
IF: “Yes sir, I did.”
JC: “Who was at the funeral?”
IF: “Half of the city to be honest, loads. He was a lovely lad. He was loved by everyone. By half the city, I mean at least 100 people if not more.”
JC: “Where was it held?”
IF: “It was in rainford, I forgot the actual name of the place.”
JC: “Did you go with anyone?”
IF: “Yeah, me Sean Zeisz and Lee Brewer.”
JC: “How well did you know Lee Brewer?”
IF: “He was a friend, I haven't knew him for very long. Six months, through Sean. He was me friend, yeah.”
JC: “You all went on to Ten Streets?”
IF: “Yes sir that’s correct. That was the wake for Rikki.”
JC: “Did you attend with the same people?”
IF “Yes sir and met up with other people there too.”
Mr Cooper refers to CCTV from Ten Streets.
JC: “Do we see you on one of those images?”
IF: “Yes sir.”
JC: “Who are the other people?”
IF: “David McCaig, Joseph Peers, James Witham, Niall Barry, Michael Kershaw and Lee Brewer.”
JC: “David McCaig, did you know him?”
IF: “I wouldn’t really class him as a friend, I’ve only just got to know him through Sean by going to that flat. I knew him for about four months or so.”
JC: “How did you get to Ten Street?”
IF: “In a car with me Sean and Lee Brewer, Lee Brewer’s car.”
JC: “Was your sister there?”
IF: “She attended, me little sister. Claudia.”
JC: “Did she know Mr Warnick?”
IF: “Yeah she knew Rikki well. He was a close friend to us.”
JC: “Over 100 people attended?”
IF: “If not more to be honest, yeah.”
JC: “How long were you there”?
IF: “All day till it finished. Just listening to the music. Maverick Sabre was on singing for Rikki. Just spending time with everyone there. Socialising, supporting everyone, his mum and auntie.”
JC: “Was there any trouble?”
IF: “No it was one of the best funerals you could ever see for someone to be honest.”
JC: “Did you speak to Claudia when she arrived?”
IF: “Yeah she was with me in there.”
JC: “After the wake, where did you go.”
IF: “We’d gone back to Sean’s on Longreach, had a little party in his. Me little sister, Sean, a few of us. Loads of us to be honest. There was a party in another friend of our’s. Just flitting in between.”
JC: “What time did you leave the wake?”
IF: “I can’t remember the exact time it finished. I was drunk. Everywhere was closing.”
JC: “You were there until the end of it
IF: “Yes sir that's correct.”
JC: “We see Miss Dale arriving. Did you see her there?”
IF: “I didn't see her there to be honest, there’s that many people there.”
JC: “Ms Dale arrives at 19.06.43.”
IF: “Yeah I can see that.”
JC: “Where did you go after that?”
IF: “We went to Sean’s, had a little party on Longreach. There was another party somewhere else in Huyton. We were in and out of there and back to Sean’s.”
JC: “Can you remember anyone that was at this party?”
IF: “There was a lot of people, my sister’s friends. A few different lads. There was loads of us, just all Rikki’s friends.”
JC: “How did you get to the parties?”
IF: “In the same car with Sean and Lee.”
JC: “Were there any others in the car?”
IF: “Just me, Sean Zeisz and Lee Brewer.”
JC: “Was there any unpleasantness or bad blood at those parties?”
IF: “No sir.”
JC: “Were they all in commemoration of the life of Mr Warnick?”
IF: “Yes, that’s correct sir.”

11:34JONATHAN HUMPHRIES

Zeisz gets punched in the nose​

Mr Cooper says: “Let me take you further on. This is now, we’re into the hour leading up to the shooting. On Saturday, August 20 2022. In between the time we’ve asked you about, the wake, the parties and this particular time, had you had any problems with anyone?”
Fitzgibbon replies: “No sir. I always just sit with me and Sean. I get along with everyone to be honest.”
JC: “There was one situation we’ve touched on, which was Glastonbury 2022. Did something happen at Glastonbury 2022 that you recall?”
IF: “Erm, Sean had got punched in the nose by a lad.”
JC; “Were you there?”
IF: “No I’d come afterwards and seen him afterwards.”
JC: “At Glastonbury, until that happened, what had you been doing?”
IF: “I’d been with Daisy and her brother and her brother’s girlfriend, partying at different stages.”
JC: “Any problems?”
IF: “No sir.”
JC: “How did you become aware Sean had been hit?”
IF: “I’d been going down to meet Daisy’s friends. Wally and the Joker and all their girlfriends. On the way down there I bumped to Sean. He had a bloody nose. I said what happened. He said Wally punched him in the nose.”
JC: “Who’s Wally?”
IF: “A lad that we know of.”
JC: “When did this happen?”
IF: “Erm, the 25th. Early hours in the Saturday night going into the Sunday morning. The 26th yeah.”
JC: “Who were you with when you heard this news?”
IF: “Me girlfriend, all her friends, Jonny her cousin, and his mate.”
JC: “Did you say anything to Mr Zeisz?”
IF: “I said what’s happened. He told me what happened.”
JC: “Did it have anything to do with you?”
IF: “No sir.”
JC: “Had you seen Mr Zeisz any earlier at Glastonbury?”
IF: “On the friday at Fatboy Slim, when me and Daisy first arrived we met Olivia and Sean.”
JC: “Any problems?”
IF: “No.”
JC: “After Mr Zeisz told you what happened, did he stay with you?”
IF: “I bumped into him when he was with Lee and Olivia.I said stay with me and we’ll sort it. He went missing with Lee into the Crown. Olivia stayed with me because she lost him. She came with me to the people we was with.”
JC: “You’re telling him to make up and move on?”
IF: “Basically.”
JC “Did you see Wally that night?”
IF: “Just afterwards, I was a couple of steps away from where that must have happened. I just said, what’s going on with Sean? he said Ii punched him in the nose but it’s nothing.”
JC: “Did he say why?”
IF: “He didn’t tell me why no.”
JC: “Were you really interested?”
IF: “Not really, I felt sorry for Sean. He’s always got along with these people. I don't know why he got punched in the nose.”
JC: “Did you try and bring them together?”
IF: “Later on that day. That was early hours going into the Sunday. That night, I was with Wally and everyone. I seen Sean, I shouted him over, we sorted it out.”
JC: “That was an end to the matter?”
IF: “Yes sir. It was just stupid the way they was acting to be honest.”
JC: “Was that friday night or Saturday?”
IF: “Early hours on saturday, I’d say 4 in the morning. Going into the Sunday.”
JC: “Was this before or after you saw Niall Barry?”
IF: “After.”

 
  • #438
11:44KEY EVENT

Fitzgibbon: 'Barry told me he wanted to stab Lee Harrison up'​

Mr Cooper says: “When did you see Niall Barry?”
Fitzgibbon says: “On the Friday at a dance stage. From like 12 at night until 1 in the morning, in between.”
JC: “That’s Friday the 24th. You arrived on the Friday, you’ve gone to the festival. You didn’t go with Niall Barry or his group.”
IF: “No never went with him.
JC: “You see Mr Barry, was that the first time you’d seen him at Glastonbury?”
IF: “First and last time, yeah.”
JC: “Was he with anyone when you saw him?”
IF: “Didn’t know who he was exactly with but he was with his group of people yeah.”
JC: “Where were you when you saw him?
IF: “The stage is right ahead of me. I’d been on the left hand side. Looking over the stage that side, the metal fencing. It was just a DJ, just dance music. I couldn’t tell you exactly who. It was more dance songs, dance music.”
JC: “This is late Friday, early Saturday morning.”
IF: “Yeah.”
JC: “Did the stage have a name?”
IF: “I can’t remember sir.”
JC: “Who were you with?”
IF: “Me , Daisy, her brother Simon, his girlfriend. Just a big group of us. A few of my friends.”
JC: “Was there any fencing nearby?”
IF: “Yeah we were standing on the left hand side. Our backs are up against the fencing.”
JC: “Mr Barry comes up to you?”
IF: “Yes sir.”
JC: “What does he say?”
IF: “He said hello to me and me girlfriend and other people we was with.”
JC: “Did you all say hello back?”
IF: “Yeah I said hello back.”
JC: “What did he say then?”
IF: “He said have you seen Sean?”
JC: “What did you say?”
IF: “I seen him at Fatboy Slim earlier on but i haven’t seen him since.”
JC: “Was there other conversation?”
IF: “He said have you seen Saz, I said no.”
JC: “Was that the truth, had you seen him at that point?”
IF: “At that point, no.”
JC: “What did Mr Barry say?”
IF: “He said have you seen Saz, I said no. he said tell him when you see him, I’m going to stab him up.”
JC: “Are you sure Mr Barry said that?”
IF: “Yes sir.”
JC: “Who did he say that to?”
IF: “To me.”
JC: “Are you sure he wasn’t saying something generally to the group?”
IF: “It was to me, he doesn’t really know my girlfriend and all that.”
JC: “Could you be mistaken about that?”
IF: “No.”
JC: “Did he do anything when he said that to you?”
IF: “He didn’t do nothing towards me, in his pocket he pulled out a knife. Showed that he had a knife in his pocket.”
JC: “Did he produce the knife before or after he said that?”
IF: “Just as he was saying it, he went into his pocket, showed the knife and said ‘when you see Lee tell him i’m gonna stab him up’ and put it away.”
JC: “Can you describe what you saw?”
IF: “Just that it was a knife.”
JC: “How long was the blade?”
IF: “I didn’t think that much into it, I just knew it was a knife.”
JC: “Did you see the handle?”
IF: “Erm, I just seen the knife part. He’s got hold of the handle. I just seen the metal, shiny part.”
JC: “Did you say anything?”
IF: “I just said ok.”
JC: “Did you want to be involved with Lee Harrison having harm caused to him?”
IF: “No, he’s me friend.”
JC: “How did you feel when you were told Mr Barry was looking to stab him.”
IF; “Shocked, I couldn’t understand why he’d say that to me, he knows I’m mates with Lee.”
JC: “He’s asking you as a friend of Lee to go and tell Lee?”
IF: “Basically. He was just drunk and off his head, but yeah. Everyone whos there had been drinking, taking drugs.”
JC: “In what way was he behaving.”
IF: “No specific way. I don't understand why that happened while I'm standing there with my girlfriend. I just assumed he was off his head.”
JC: “How was he behaving. Was he calm, was he shouting?”
IF: “He was a little bit rowdy.”
JC: “After Mr Barry put the knife back in his pocket what did he do?”
IF: “He went back to the people he was at Glastonbury with.”
JC: “When he said these things, were any members of his group with him?”
IF: “No.”
JC: “Did you at any stage after that see Mr Barry again at Glastonbury?”
IF: “No sir.”
JC: “Did you say anything to him about the situation?”
IF: “No. When he said that I just replied ok and he went away then, back to the people he was with.”
JC: “How did it make you feel?”
IF: “I was just a bit shocked, I wanted to get hold of Lee and tell him what’s being said.”
JC: “Why did you want to do that?”
IF: “I wouldn't want to see any harm come to Lee, he’s me friend.”
JC: “Did you say anything to anyone in your group.”
IF: “Me girlfriend and that had seen what had happened.they were saying what's the problem. I said he’s saying he’s gonna stab Lee up.”

11:52JONATHAN HUMPHRIES

'I wanted to warn Lee Harrison'​

Mr Cooper says: “These are messages recovered from Ashley’s iPhone. On June 25 2022, the following messages were exchanged between the Instagram accounts of Claudia Fitzgibbon and Ashley Dale. June 25, 13.03. Claudia to Ms Dale: ‘Hey Ash have you got Lee’s number for Ian please’. Did you need Ian’s number?”
Fitzgibbon: “Yes sir. I told me little sister to message Ashley to get Lee’s number.”
JC: “Why did you need Lee’s number?”
IF: “I wanted to meet him in the festival. To tell him about the night before.”
JC: “What in particular?”
IF: “Just the comments that were made to me by Barry. I wanted to warn him. I didn’t want him to see no harm come to him at that festival.”
JC: “Ms Dale to your sister. ‘Hey Claud, he hasn’t got a phone but this is mine’. She gives the number. Is that passed onto you?”
IF: “Yes sir.”
JC: “14.52, Claudia Fitzgubbon to Miss Dale. 'Thank you Ash, I’ve sent him a message' with kisses'.”
IF: “Yes sir.”
JC: “There was a voice call from Ian Fitzgibbon’s telephone to Ms Dale’s telephone for 34 seconds. There was a further call from Mr Fitzgibbon’s phone to Ms Dale’s mobile for 28 seconds. Do you know what that was about?”
IF: “It would have been phoning Lee to say I’m gonna come and meet you. The second call would be to say I'm leaving the hotel now.”
JC: “The 34 second one. Did you speak to anyone?”
IF: “To Lee.”
JC: “What did you say to him?”
IF “Just said I’m at the festival, I’m in the hotel, I’ll be into the festival soon. I’ll meet up with you somewhere. I met him in the festival and was with him and told him at that point.”
JC: “A further call for 28 seconds, who are you speaking to.”
IF: “To Lee. To say I’m heading into the festival, I’ll meet up with him.”
JC: “Were you anxious to speak to him?”
IF: “Not anxious, I just wanted to speak to him
JC: “There are Whatsapp messages between your phone and Ms Dale’s phone. During the course of these calls, were you speaking to IF. forgive me, Lee Harrison.
IF: “Yeah. I was speaking to Lee Harrison. I met up with him in Glastonbury and told him what happened.”
JC: “These communications are all between you and Lee Harrison?”
IF: “Yes sir.”
JC: “Are there any between you and Ms Dale?
IF: “I don’t know whether that was Lee or Ashley texting me back, but I was getting hold of Lee through Ashley.”
JC: “Who did you think you were communicating with?”
IF: “Lee.”
JC: “You’d already met up, did you say?”
IF: “Yes sir.”
JC: “With who?”
IF: “With Lee, Ashley, Dusty.”
JC: “Before you sent these messages. Where did you meet up?”
IF: “At the Glade Stage, in Glastonbury.”
JC: “At what time?”
IF: “Four, five o’clock, it was still light.”
JC: “What was said during that meeting?”
IF: “I said to him I’d seen branch last night. He’s pulled a blade out and said he’s gonna stab you up. I said stay with me, be careful. There’s a good few of them round here. Lee just replied saying he wasn’t gonna do nothing.”
JC: “Did Lee Harrison seem particularly concerned by what you told him?”
IF: “Yeah, he seemed a bit put out with what I’d said to him. He were not too fazed, he just said I’m not gonna do nothing.”
JC: “Why did you want to meet with Lee Harrison?”
IF: “I wouldnt like to see no harm come to Lee, he’s been my friend for years.”
Justice Goose calls for a break and asks the jury to return at 12.10pm.

 
  • #439
12:22JONATHAN HUMPHRIES

'I wanted to check if Lee was alright'​

Mr Cooper refers to the agreed facts.
JC: “You met with Lee Harrison? Spoke to him then met with him?”
Fitzgibbon says: “Yes Sir that’s correct.”
JC: “Then, again on June 25, at 19.04 from you to Ms Dale’s phone. You think you’re communicating to Lee Harrison?”
IF: “Yes sir that’s correct.”
JC: “But to Ms Dale’s phone. Where are you? Why are you asking Mr Harrison where he was?”
IF: “To meet back up with them. I probably lost them in Glastonbury.”
JC: “Why having warned him did you want to see him again?”
IF: “So he stays with me, to make sure he’s alright. He’s only there with Ashley, Dusty and his cousin.”
JC: “19.08, Ms Dale’s phone to you. ‘We’re by the Pyramid Stage, where are you?’. That is Mr Harrison telling you where he is?”
IF: “Yes sir.”
JC: “19.10 we’re in Stonebridge. Mr Harrison to you, ‘are you staying there?’ 19.11 you to Mr Harrison. ‘It’s just above the Rabbit Hole. Stonebridge. Yo.’ Mr Harrison to you. ‘We’re at the pyramid, Noel Gallagher is on, then we’ll walk up to yous’. Again, are you anxious to see him or speak to him again?”
IF: “No, he’s my friend.”
JC: “Who do you think you’re talking to?”
IF: “Lee. I asked me sister to ask Ashley for Lee’s number. He never had a phone down there. Ashley sent her number.”
JC: “When you’re asking to meet up, who do you think you’re asking to meet up with?”
IF: “Lee, Saz.”
JC: “June 26, early hours. 00.02. You to who you think is Mr Harrison: ‘Where yous?. Arcadia’. Again you’re asking again there. There’s a break between 19.19 and 00.02. Had you seen or communicated with him between that time?”
JC: “Probably not at that point no, I’m asking where his is again. Checking up on him, making sure he’s alright. Just after the comments were made, i’m making sure he’s alright. He’s only with Ashley, Dusty and his cousin. I was saying come with me, making sure they’re alright. Just worried about him and Ashley. I didn’t want nothing to happen to him while he’s with his girlfriend and his cousin.”
JC: “02.36, you to Miss Dale’s phone. ‘Yo. where yous gone’. A couple of hours later you’re asking again, ‘where yous gone?’
IF: “I would have just been with them. I probably would have just been with them.”
JC: “June 26 still, now into the night. 22.14. Again you’re asking where you?”
IF: “That’s correct.”
JC: “22.38, you’re asking again. ‘Other stage, where at’. Finally at 22.38 you get a response, ‘We are the three’. Do you know what that meant?”
IF: “I think Lee’s meant to say we’re at the Three Stage.”
JC: “Then virtually five seconds later, ‘stage DJ’. Once you’d got that message did you do anything?”
IF: “Would have probably went and meet them. I was with them on the Sunday again.”
JC: “When, you thought, he was communicating with you on Lee’s phone. When you heard from him again after that period of silence, how did you feel?”
IF: “Just as long as I know he was alright, I felt sound. I’m just always checking on him to make sure he’s alright.”

12:29JONATHAN HUMPHRIES

Fitzgibbon smokes hash with Barry, Witham and Peers​

Mr Cooper says: “After that, how long did you stay at Glastonbury for?”
Fitzgubbon says: “Me and me girlfriend went home at like three, four o'clock on the Monday afternoon.”
JC: “Were there any other problems apart from the incident with Wally?”
IF: “No sir.”
JC: “Where did you go when you left Glastonbury?”
IF: “Home with me girlfriend.”
JC: “You and your girlfriend?”
IF: “Yes sir.”
JC: “I want to take you now back to the sequence of events and deal with some issues leading up to the 20th of August. This is the 19th of August. There we see you with Mr Witham going into a Co-op store with Mr Peers waiting outside before they all leave together. Just to clear this up, were you involved in any trip to Wales?”
IF: “No sir.”
JC “Did you go to Wales with them?”
IF: “Never been down to North Wales in me life.”
JC: “Here you are with Mr Witham. You’re there with Mr Peers as well. When did you meet up?”
IF: “It must have been when they got back. I’ve been in Sean’s all day, having a drink with Sean. On Longreach. I must have popped round to have a couple of drinks in the flat.”
JC: “You’d been with Mr Zeisz where?”
IF: “In his mum’s on Longreach. We always used to sit there smoking weed, hash. They would have come round to Sean’s most likely.”
JC: “The time is 19.42. Are you going to the Coop to buy anything or hanging out?”
IF: “I probably would have got a drink and walked back over the the flat.”
JC: “We see you walking out together, you return to 267 Pilch Lane?”
IF: “Yes sir, that’s correct.”
JC: “Did you get to Pilch Lane?”
IF: “Yeah.”
JC: “When you got to Pilch Lane what did you do?”
IF: “Just had a couple of joints, just chilled there to be honest. I’ve had a few joints of hash. Hash is cannabis resin.”
JC: “Who was there at Pilch Lane?”
IF: “Joe, James, Michael Kershaw, Niall Barry. Every time I go down the flat he’s [Kershaw] always there.”
JC: “This is 23.30. Is that you leaving?”
IF: “That’s correct sir.”
JC: “You’re leaving pl at about half past 11 at night?”
IF: “That’s correct sir yes. I’m going home with me sister. It’s usually always my sister who would drop me off at the flat on Pilch Lane and pick me up. She’s picking me up.”
He points out a black Volkswagen Golf which he says is his sister’s car and says that she lives near to him.
JC: “Why was she picking you up?”
IF: “To take me home, I live over the road on Sefton Park. She picks me up all the time.”
JC: “Was that a usual event or unusual event?”
IF: “Usual, she’d always pick me up from there.”

 
  • #440
12:37JONATHAN HUMPHRIES

Fitzgibbon: 'Witham was excited about Everton match'​

Mr Cooper says: “I want to take you to August 20. What time did you get up in the morning? Were you late up or what?”
Fitzgibbon says: “No, I'm usually always up early.”
JC: “Were you alone or with anyone?”
IF: “Alone in my flat and then went over to my sister’s.”
JC: “Here we see, 10.09, the camera outside Go Local at Pilch Lane, footage showing Mr Witham come out of the shop. At 10.15, Mr Witham receives a text message from you. You’ve moved to L14. where were you?”
IF: “I would have been at my sister’s, around Sefton Park.”
JC: “What did you say, what were you communicating to Mr Witham?”
IF: “I would have said to him, I’ll be over now to pick him up.”
JC: “Had an arrangement been made to pick him up?”
IF: “Yeah. he called me, he wanted to see if I wanted to go and get cannabis with him, off his friend.”
JC: “When did he call you about that.”
IF: “In the morning, around this time, earlier.”
JC: “Would that be usual or unusual?”
IF: “I’d only just got to know him. We don’t really know each other like that, to have a drink together. Just to have a joint to me or he’d got on me and say I’ve got nice pollen. He was just seeing if i wanted to go and get a smoke with him.”
JC: “Did you?”
IF: “Yeah.”
JC: “What did you say to him?”
IF: “Is your mate on the weed.”
JC: “Where was the location of this mate?”
IF: “In Walton.”
JC: “What did you do then after that arrangement had been made?”
IF: “I borrowed my sister’s car and headed over to Pilch Lane to pick him up.”
JC: “At 11.15, CCTV relating to Taskers Sports. The black Golf, is that your sister’s car?”
IF: “Yes sir.”
JC: “It enters Taskers car park. Are you driving?”
IF: “Yes sir.”
JC: “Had you got the drugs at that stage, that you were wanting to get with Mr Witham?”
IF: “That’s correct.”
JC: “You stay in the vehicle. Why did you think you were going to Taskers?”
IF: “I didn’t know that’s where I was going when I picked him up. He said do iI mind taking him to Taskers. He wanted to get a new pair of trainees. He was going to match with his son and Michael Kershaw.”
JC: “Do you know if Mr Kershaw went with Mr Witham to the game?”
IF: “I think he did yeah. Later on he arrived back at the flat together. I’m assuming he did go.”
JC: “Later on Mr Witham is associating with Mr Kershaw at the football match. After the trainers were bought, did Mr Witham come back to you?”
IF: “I waited outside and had a smoke, he bought the trainers and come back to the car. He was excited, he was looking forward to going the match. That’s what I took from him in that moment in time.”
JC: “Did you think there was anything untoward or suspicious about his behaviour?”
IF: “No.”
JC: “Where did you go then?”
IF: “I dropped him off at his granddad’s house on Page Moss.”
JC: “Where did you go?”
IF: “Back to me sister’s.”
JC: “What did you do there?”
IF: “I had an appointment on Allerton Road, the chiropodist. I can’t remember when I booked it, it would have been my mum or sister who booked it for me, for me feet.”
JC: “How long were you with your sister for?”
IF: “Three hours, three and a half hours or so.”

 

Members online

Online statistics

Members online
79
Guests online
3,251
Total visitors
3,330

Forum statistics

Threads
632,110
Messages
18,622,094
Members
243,022
Latest member
MelnykLarysa
Back
Top