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

[Legally Bland]

15:32JONATHAN HUMPHRIES

'What did Ian Fitzgibbon actually do?'​

Mr Cooper says: “I want to carefully analyse the evidence in front of you. We’re not afraid of the evidence on behalf of Ian Fitzgibbon. we’re going to go through every last drop of it. We’re going to work out exactly what the prosecuton say Ian Fitzgibbon did. Even now, after many weeks of trial, after two speeches, it’s hard to work out what is it they’re saying Ian Fitzgibbon did. How did he organise, motivate or monitor? We will look at the evidence calmly, analytical, cooly and see where the prosecution case goes.
“Let me make something very, very clear indeed as far as Ian Fitzgibbon is concerned and anyone else is concerned in the trial. If the prosecution have proved their case so you are sure, you will convict them.
“I’m not flag waving, I’m not on a campaign. I’m no friend or otherwise of Ian Fitzgibbon. I'm here to do my job. My job as a defence advocate is to help you look at the prosecution evidence, analyse it carefully, make arguments where we think the pros evidence is weak and that you cannot rely on it and leave you to do the difficult job. The 12 of you mull over what we’ve said and come to a just and proper conclusion.
“If a person is guilty of this heinous allegation against Ms Dale particularly, whoever is find guilty - and I include my client - deserves the most condign of punishment. I am not hear to whine and wail to you, what if this and what if that. I too am a citizen. I too walk around in the streets going to shops, eat, drink, have mates. I too want to feel safe in my community. We are all individuals and members of the community. We are not flag wavers for any situation which puts the community at risk. What we are here for is to look at the evidence the prosecution presented to see whether they have proved his guilt.
“The prosecution bring this allegation. The state bring these allegations against the citizens, and they were going to have to do it to a very standard. Satisfied so you are sure. If God forbid any of us were charged for something we had not done, me, anyone on this side of the court, you, your family or your friends, you also have the protection that if the state make that allegation against you, if the weight of those powers, of police, forensic science, the prosecution, are brought against you, you too have the right to say it must be proved. It must be proved so that the jury are sure.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

15:40JONATHAN HUMPHRIES

'Fitzgibbon has now been labelled a grass'​

Mr Cooper: “What level do we have to get to so we are sure of Mr Fitzgibbon’s guilt? What if you say to yourself, I’ve heard quite a bit of it. Mr Greaney is very persuasive, the boxing had nothing to do with it. Mr Fitzgibbon is probably guilty. What if you said that to yourself? Mr Fitzgibbon is probably guilty. As a matter of law, probably guilty is not guilty. Probably guilty is not guilty. Even if you are at that level, and we submit that when we finish analysing it the evidence cannot sustain that, but if you say probably guilty then it is not guilty.
“What if you say we have deep suspicions about Mr Fitzgibbon. Why did he go to a posh restaurant? I’m not quite sure what the relevance is,and we will come back to that later. But this posh restaurant in Dubai. I have suspicions about him. You’ll be ahead of me already. If probably guilty is not guilty, deep suspicion is nowhere near the level you need to get to being satisfied so you are sure. That’s the high standard the prosecution have to achieve. Not suspicions, not probably, but something much higher than that. Satisfied so that you are sure. Our fundamental position is that there is no way the prosecution have achieved that level.
“Such do they know it that grand speculation seeps into the prosecution case as the trial goes on, never borne out on the evidence. Apparently Mr Fitzgibbon was contacting Mr Witham or others about cigarettes. Absolutely no evidence to that. We will come onto other examples as we go on. Such is the desperation, we enter into the world of fantasy.
“Whatever your views on the other defendants, we stand alone. Ian Fitzgibbon stands alone. He stands alone in this trial more than any other of the defendants charged on the substantive counts in this trial. There is clear blue water between him and the others which are encapsulated with the Glastonbury situation. When you hear prosecution submissions that they’re all at the beck and call of Mr Barry. if the prosecution case against all of these defendants is that they’re at the beckon call of Mr Barry, where does that place Mr Barry? Who of all of them stands out with the allegation now of grass him. The dangerous allegation of grass against him. If Mr Greaney is right, they all did the bidding of Mr Barry, then they are excluding clearly on the evidence we would submit to you, Mr Fitzgibbon. because he certainly doesn’t.
“I want you to consider how many other situations have arisen in this trial which show Mr Fitzgibbon as a separate entity. Absolutely personified by the fact that this man who is a central organiser, a monitor doesn’t even wait for the two foot soldiers to come back. It’s tempting to leave it there. There’s much more to it than that.
“On that little introduction I’ve given to you, it shows how the prosecution, even on their own case, even using their own words, that people did what Mr Barry said. Fitzgibbon didn’t. Fitzgibbon now is labelled a grass, and that is serious.
“The organisers waited for Mr Witham and Mr Peers to return. It’s the Crown’s case, their words which I will repeat to you. Mr Witham and Mr Peers, say the crown, returned to the flat at Pilch Lane to report to the organisers. These are the crown’s words. You know whether they be organisers or not, Mr Fitzgibbon had left."

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

15:50JONATHAN HUMPHRIES

'Hearing Ashley's voice was heart-rending'​

Mr Cooper: “Our submission is based on might Ian Fitzgibon be right. Might Ian Fitzgibbon’s case be right. You will see straight away I’m using the word might. Might is all the defence need to establish. The defence need to prove nothing. The prosecution bring their case, and the prosecution must prove it. If any defendant establishes that what they say might be the case and you are of the view it might be the case, not even that it is the case, that is not guilty.
“Ian Fitzgibbon like all defendants was not obliged to give evidence. Defendants can, and you’ve seen it in this trial, perfectly properly sit in the dock and say to the prosecution, prove it. Mr Fitzgibbon decided to give evidence. The point I’m labouring is that particular issue of might. If you are of the view after your careful deliberations that all we have put to you in relation to Mr Fitzgibbon might be right, then we submit that is not guilty. Only if you discount what he says out of hand and you are satisfied so you are sure of what the prosecution says, despite the prosecution saying the return was to the organisers and Mr Fitzgibbon had gone by then. If you’re still of the view the pros have made their case so you are sure then you convict him and don’t give it a second thought I’m not giving any namby pamby, wishy washy submissions to you.
“You have carefully, consciously and assiduously applied yourself to this trial, focusing intently on what is going on. Your analysis will be a close and careful analysis. What I submit to you given your approach to this case will shine with you.
“What is the pros case against Ian Fitzgibbon? It’s been a tough job. Firstly, we know what can’t be their case. Presence, pure mere presence, at Pilch Lane, even for a considerable period of time in itself, is no indication of guilt. I’m not going to speculate on the Kershaw situation, but that’s an example of law. Mere presence clearly cannot of itself be indicative of guilt, otherwise you’d be seeing Mr Kershaw. that is in itself no indication of guilt.
“The Crown say things go much further of guilt. A mention of count two, conspiracy to murder Lee Harrison, that needs an agreement to kill him and that that killing be carried out. The Crown have to establish that Fitzgibbon had an agreement with the other defendants or some of them to kill Lee Harrison and Fitzgibbon intended that killing be carried out.
“Nothing I have to say to you takes away the tragedy of this situation. The appalling loss. It wouldn’t be human if that didn’t affect us as professionals. I don’t want you to go away thinking anything I submit is in any way indicative of not understanding that loss. When one hears Miss Dale’s voice.. I cannot comprehend what that has been to her dignified family who have sat throughout this trial."
He nods to the public gallery
“I’m not going to begin to speculate. To hear her voice, I will say it, was heart rending. But we have to, have to, put emotion to one side when we do this job. You will be required, not asked, as members of the jury to equally put heart felt and right thinking emotion to one side and analyse the evidence clinically and carefully.
“Emotion, right minded emotion in the law courts and particularly for juries is a hindrance to a just verdict, whether it be guilty or not guilty. It is no disrespect to anyone who lost their lives. You could say it is respect.”
Mr Cooper draws an analogy between a juror and a surgeon carrying out an operation, suggesting “you would not want them to become emotional”.
JC: “You are the professional judges of fact. You are drawn from different sections of the community. What draws you together is a degree of professionalism, coolness, analytical minds looking at the ev and seeing whether the pros have proved their case. I know you are well up for that. The argument goes on, should we have juries or shouldn’t we have juries. They are the bedrock of the criminal justice system. The absolute fundamental of the criminal justice system.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

16:00JONATHAN HUMPHRIES

'Categoric evidence to show that Mr Fitzgibbon and Ms Dale were friends'​

Mr Cooper says: “The dock in our jurisdiction is quite an unusual thing. In many jurisdictions, they don’t have docks. The perception can be there are guilty people behind it. There’s an argument the dock should be abolished, but that’s an argument for another day and another place. Have an open mind. Just because the police choose to arrest people, just because they’re put in the dock behind screens, just because they’re charged and their name appears on an indictment, doesn’t mean each and every one of them is guilty.
“Sometimes in the net that is swung by the police or the prosecution, it digs deep. It’s our submission that that is particularly relevant when it comes to Ian Fitzgibbon. open minds, clinical, unemotional application to your job. Analyse the evidence. Your first point of reference is the undisputed position between every single party in this case, that mere presence at Pilch Lane is not enough for guilt. There needs to be an agreement for conspiracy, count two. I’m going to ask you to use your common sense of life to place into that intention the prosecution case, that Ian Fitzgibbon intended that those he was conspiracy with would kill Lee Harrison and on the prosecution case in count one kill Ashley Dale.
"On the prosecution case against Ian Fitzgibbon, it’s that he intended to kill Lee Harrison and intended to kill anyone that might witness it and therefore by logic by going to kill Lee Harrison in Ashley Dale’s home Ian Fitzgibbon intended that she should die. That is the prosecution case against Ian Fitzgibbon.
“You will apply those strictures to all defendants in this case. I particularly want you to apply them to Ian Fitzgibbon. how do the prosecution satisfy you so you are sure. Bear all that in mind when it is suggested that Ian Fitzgibbon intended the death of Lee Harrison, intended that Ashely Dale be killed. Does that fit with what you know on the evidence about Ian Fitzgibbon’s lack of motive and lack of feud? The question on top of everything else is this. Have the prosecution proved to you so you are sure that some time after Glastonbury, where Ian Fitzgibbon had the incident with Mr Barry and August, barely two months later, he turned into a bloody and callous murderer? It’s clearly not the prosecution case that’s what he was at Glastonbury, June 2022. Yet the prosecution are asking you to accept so you are sure that in approximately two months Ian Fitzgibbon turned into a bloody, callous, notorious murderer. To do so, they say, it’s either because of Dusty or because of a fallout with Olivia through Sean Zeisz.
“Even if it was, and that is the weak suggestion the prosecution are putting forward to you that turns Ian Fitzgibbon into a bloody, callous murderer. Those are the reasons put. You treat Ian Fitzgibbon as you treat all the defendants separately and individually. There is clear blue water between Ian Fitzgibbon and the rest of the defendants. A clear difference. Clear blue water. Dividing lines on motive, dividing lines on where the prosecution say the turning point came. With us, the prosecution say the feud goes more dramatically.
"Something happened in two months to turn him from what he was at Glastonbury to what they suggest he was approximately two months later, whereby he wanted Ashley Dale to die. In two months. Despite the fact that there is clear evidence, we sbumit, that that was beyond any of his wishes. There is categoric evidence to show that Mr Fitzgibbon and Ms Dale were friends. It is put to you on everyone’s case that when Ms Dale knew that when Mr Fitzgibbon and his girlfriend came to Glastonbury, she was pleased.
“It’s things like that that in the heat of battle are lost. Things like that, where it is clear that Ms Dale and Mr Fitzgibbon had a decent relationship. Why else would she be pleased that he was coming to Glastonbury?
“We require of you, in the politest way, to separately deal with the defendants. Particularly take care with that dividing line, with Mr Fitzgibbon.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

16:08JONATHAN HUMPHRIES

Crown 'trying to turn Ian Fitzgibbon into notorious murderer'​

Mr Cooper: “The prosecution are trying to find a reason why Ian Fitzgibbon, after 10 years of friendship with Lee Harrison, should become centrally involved, and that’s the Crown’s case, centrally involved, in a plot to kill Lee Harrison and any other witnesses. The prosecution say its because of Dusty, it’s because of Olivia. We say, on that, no. even at the height of the prosecution case, even if he did have an issue with Dusty, even if he did have an issue with the Zeisz Olivia situation, does that turn him into a notorious murderer? A notorious murderer of his friend Lee Harrison, and equally of his friend Ashley Dale?
“This dispute, which is denied, between him between Dusty and Olivia and all that situation was enough to drive him into all of this carnage. That’s the Crown’s case. The Crown are saying to you, that’s what happened. We want you to accept our argument that Ian Fitzgibbon turned into this callous killer in the space of two months despite 10 years of friendship between Lee Harrison and he and was a central part of organising and monitoring that process to ensure that Harrison died and that Ashley Dale also died.
“Where, members of the jury, is the evidence for that? As far as Ian Fitzgibbon is concerned. Where is the evidence for any of that, apart from the fact that he was in the house? He was in Pilch Lane, which is not enough evidence. Others were as well. The evidence is communication and some poor attempt at trying to create a bridge, or a feud, for Ian Fitzgibbon, Olivia, Dusty. If The crown can’t rely upon those two instances, then they’re completely out of a limb as far as this defendant is concerned.
“Interesting also isn’t it, how the Crown are perfectly content to treat Ian Fitzgibbon at a significant time at Glastonbury as a virtual proscution witness. Relying on him as a witness of truth on what happened at Glastonbury between him and Mr Barry. perfectly happy to put Mr Fitzgibbon to you and ask him questions as if he was a prosecution witness on the point, accepting what he says as absolute truth.
“The Crown can’t have it both ways. He’s either the cruel callous killer, or he’s someone they’re relying on as one of their witnesses. In many respects, by treating Ian Fitzgibbon as one of their witnesses, isn’t it ironic he’s the only member of the public who’s given evidence for the prosecution. The only member of the public that’s stood in the witness box and told the truth on Glastonbury, for the prosecution, and the prosecution treat them as honest, Ian Fitzgibbon. There’s some irony in that when the Crown are putting Mr Fitzgibbon very highly indeed as this killer, this organiser.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

16:17JONATHAN HUMPHRIES

'Acrobatic turn' for Ian Fitzgibbon to go from 'friend to killer'​

Mr Cooper says: “Background as far as Mr Fitzgibbon is concerned is important.”
He asks for the jury to look at photographs showing Ian Fitzgibbon, Lee Harrison, Sean Zeisz and Rikki Warnick.
JC: “The first 10 photographs actually come from Ms Dale’s phone. One can take from that that Ms Dale was there at the time, taking the photographs. Lee Harrison and Mr Fitzgibbon. In earlier days no doubt, but that’s important. There is Lee Harrison and Ian Fitzgibbon there in the younger days. This is the man the Crown are suggesting in two months, Ian Fitzgibbon became a killer of, or the attempted killer of. Page 11 has Dusty on it, and others. It shows Mr Fitzgibbon you might think associating with members of the Hillsiders. There’s Mr Fitzgibbon not acting with or performing acts for, but simply cross border friendships. We see the photographs on page 15 and 17 and 19 and so on.
“Page 21, there is a room being booked with Mr Fitzgibbon and his girlfriend Daisy. It’s in there to establish that when Mr Fitzgibbon went to Glastonbury, he didn’t go with a gang of lads. He went and booked in reservations with his girlfriend. He wasn’t looking for trouble. The undisputed background is that Ian Fitzgibbon had been a friend and even a close friend of Lee Harrison and Ashley Dale. If that isn’t enough, let’s go to some agreed facts.
“Agreed fact 35. There are photographs on Ashley Dale’s handset showing Ashley Dale, Lee Harrison and Ian Fitzgibbon socialising together. Not just bumping into each other. Socialising. That’s an agreed fact. The Crown aren’t just agreeing to being on the same photographs. The Crown aren’t just agreeing with in the same room at the same time. The Crown accept the word socialising.
"Not meeting, not bumping into, not being in the same room, not being at the same event. Ashley Dale, Lee Harrison and Ian Fitzgibbon socialising. A man on trial for murder. If he did it, let him be damned. Our submission is, not in any crazy, namby pamby way. The evidence just isn’t there. How can it be that the person socialising with the very people he must have known he was going to be part and parcel of killing. You are, in dealing with Ian Fitzgibbon, with a maniacal man. That’s the Crown’s case. There’s no middle range with him.
“Unlike others, and there’s the clear blue water again, it cannot be suggested to the level with Ian Fitzgibbon. In the photographs you’ve seen, he’s the one defendant who’s so close that on agreement with the Crown, with Lee Harrison and Miss Dale, his conversion on the Road to Damascus to killer is the most graphic.
"Because of all the defendants in this case, he on the proven evidence was and we would say remained the closer and the closest of all, friend of Lee Harrison and Miss Dale. The about turn to Crown need you to make to turn Ian Fitzgibbon into callous murderer is the most acrobatic of turns, we would submit, that any jury has been asked to achieve in many a long day.”
Mr Cooper’s speech will continue tomorrow morning.
Justice Goose asks the jury to return at 10.30am on Tuesday. Thanks for following our updates, we will return with further live coverage 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

 

[HongKongPhooey]

Interesting that defence for IF is making a big point of separating him from the others. That doesn’t reflect so well on them I think.

 

[scapa]

It's a shame all his criminal history wasn't given as evidence re. his ex. It would make this statement seem ridiculous: "Messages from Zeisz to girlfriend 'disgusting and vile' but 'empty threats'".

Think I missed this -- does SZ have a history of domestic violence / battery?

 

[Legally Bland]

Think I missed this -- does SZ have a history of domestic violence / battery?

First picture of spurned boyfriend who attacked X Factor star

Sean Zeisz jailed for 16 months for violent attack

www.liverpoolecho.co.uk

 

[Alyce]

dbm

 

[Alyce]

dbm

 

[Alyce]

Putting aside the tragic murder of Ashley, I can't believe the amount of money being spent on this trial so that five highly-educated and experienced barristers can analyse and discuss the actions and conversations of a group of immature men having pathetic arguments with each other. When there's a cost of living crisis, these useless defendants, who won't have worked a day in their lives but will probably have had access to more money than most hard-working people, are having yet more taxpayers' money spent on them to try and keep them out of jail.

It's probably because I have a few financial issues at the moment (and I do agree with the right to a fair trial), but reading this absolute rubbish about Branch said blah to Zest and Zest had beef with Lee, and Dusty nicked me bird lah, is making me enraged.

Exactly this. Much of the testimony reads like 8 year olds in the playground.

 

[Alyce]

Photos at link.......



Pictures of Ashley Dale's 'criminal' boyfriend with her alleged killers have been revealed for the first time after a successful legal challenge by The Daily Mail.

The images – which have been provided to jurors in an ongoing murder trial - show 26-year-old Lee Harrison with Niall Barry, also 26, who is accused of orchestrating the shooting in which Ms Dale lost her life.

Harrison is also shown with Sean Zeisz, 28, a drug dealer who was allegedly part of Barry's organised crime gang and also on trial for her murder

Ashley Dale's 'criminal' boyfriend is pictured for the first time

The images - which have been provided to jurors in an ongoing murder trial - show Lee Harrison, 26, with Niall Barry, 26, who is accused of orchestrating the shooting in which Ms Dale lost her life.

www.dailymail.co.uk

 

[AcbMurders]

If any of these guys aren’t convicted as a result of this trial, will they be prosecuted for drug dealing? And why is LH, a known drug dealer, allowed to travel abroad?

 

[Kasmeer]

It's not too often I think the defence have a point beyond just scrambling in cases like this, but... they have a point about the claimed motive. I felt from the start that it seemed utterly ridiculous for a group of men, who, it seems, collectively had a problem with "Dusty" over various incidents, to plot to kill, not Dusty (or Liv), but his friend LH who was far less involved with anything, and I'd have thought had "beef" with fewer of the defendents.

During the prosecution case I thought the ridiculousness was with the accused for taking such actions for such a silly reason, but it's a valid point that it may not have even been the motive to begin with. Which may not necessarily indicate innocence, seems to me that if guilty they may just have a motive which hasn't been uncovered.

I found the prosecution case a bit thin if you exclude the questionable motive, with only the phone calls really linking the accused together - it'd be interesting to see their regular patterns of calling each other to see if the activity level that night was unique or not so unusual. It's also a valid point that IF didn't even stick around to find out what happened, if he was part of a plot.

I'm glad I'm not on the jury (although if I was I might've taken better notes of the evidence, the phone data rather passed me by), at present I'm only sure of one of the defendents. Varying levels of uncertainty on the rest, and as IF's defence pointed out, "probably guilty" isn't good enough!

 

[chimpface]

It's not too often I think the defence have a point beyond just scrambling in cases like this, but... they have a point about the claimed motive. I felt from the start that it seemed utterly ridiculous for a group of men, who, it seems, collectively had a problem with "Dusty" over various incidents, to plot to kill, not Dusty (or Liv), but his friend LH who was far less involved with anything, and I'd have thought had "beef" with fewer of the defendents.

During the prosecution case I thought the ridiculousness was with the accused for taking such actions for such a silly reason, but it's a valid point that it may not have even been the motive to begin with. Which may not necessarily indicate innocence, seems to me that if guilty they may just have a motive which hasn't been uncovered.

I found the prosecution case a bit thin if you exclude the questionable motive, with only the phone calls really linking the accused together - it'd be interesting to see their regular patterns of calling each other to see if the activity level that night was unique or not so unusual. It's also a valid point that IF didn't even stick around to find out what happened, if he was part of a plot.

I'm glad I'm not on the jury (although if I was I might've taken better notes of the evidence, the phone data rather passed me by), at present I'm only sure of one of the defendents. Varying levels of uncertainty on the rest, and as IF's defence pointed out, "probably guilty" isn't good enough!

I agree. I don't think the full motive has been uncovered here. Mainly due to the defendants lying through their teeth and LH refusing to help the police.

 

[acjack74]

I agree. I don't think the full motive has been uncovered here. Mainly due to the defendants lying through their teeth and LH refusing to help the police.

I’m also intrigued as to why David McCaig and in particular Michael Kershaw, haven’t been implicated in anyway. They have been referred to throughout the case - and Kershaw was in the flat on the night in question - so how come not called to give evidence at least?

 

[Alyce]

It's not too often I think the defence have a point beyond just scrambling in cases like this, but... they have a point about the claimed motive. I felt from the start that it seemed utterly ridiculous for a group of men, who, it seems, collectively had a problem with "Dusty" over various incidents, to plot to kill, not Dusty (or Liv), but his friend LH who was far less involved with anything, and I'd have thought had "beef" with fewer of the defendents.

During the prosecution case I thought the ridiculousness was with the accused for taking such actions for such a silly reason, but it's a valid point that it may not have even been the motive to begin with. Which may not necessarily indicate innocence, seems to me that if guilty they may just have a motive which hasn't been uncovered.

I found the prosecution case a bit thin if you exclude the questionable motive, with only the phone calls really linking the accused together - it'd be interesting to see their regular patterns of calling each other to see if the activity level that night was unique or not so unusual. It's also a valid point that IF didn't even stick around to find out what happened, if he was part of a plot.

I'm glad I'm not on the jury (although if I was I might've taken better notes of the evidence, the phone data rather passed me by), at present I'm only sure of one of the defendents. Varying levels of uncertainty on the rest, and as IF's defence pointed out, "probably guilty" isn't good enough!

I agree totally with this. From everything I have read ( and heard elsewhere ) I don't think the Prosecution case has uncovered the real motive/s here.
Can only hope, as always, that the Jury, who have way more information, will make the right decisions.

 

[HongKongPhooey]

I’m also intrigued as to why David McCaig and in particular Michael Kershaw, haven’t been implicated in anyway. They have been referred to throughout the case - and Kershaw was in the flat on the night in question - so how come not called to give evidence at least?

Def agree with you. Suspect there is much we don’t know, and re motive much no one knows apart from the wrong’uns on both sides.

 

[Legally Bland]

10:56OLIVIA WILLIAMS

'No evidence by the way, why Ian Fitzgibbon turned into this monster they allege'​

Mr Cooper said: “I'm going to spend the rest of my time going through some of the evidence we touched on and put the flesh on the bone. I’ll start with one reminder. You judge the case on the evidence, not prosecution's suggestions, not even defence suggestions.
“What are the prosecution case theories as to why it was Ian Fitzgibbon did what he did as far as Lee Harrison is concerned and Ms Dale. It’s either because of Dusty calling Rikki a grass, which contributed to his tragic suicide. No evidence by the way, why Ian Fitzgibbon turned into this monster they allege. If you don’t like that, what about Olivia and Sean Zeisz? Remember, Olivia, his cousin. There was a fallout with Sean Zeisz. Do you really think whatever the rights and wrongs of that, it’s nothing to do with Ian Fitzgibbon. Do you really think as realistic members of the community that is enough to turn a person into the sort of person Ian Fitzgibbon is said to have turned into. This sudden Jekyll and Hyde, which they say affected Ian Fitzgibbon over a period of months.
“It was not because of any problem Ian Fitzgibbon had with Lee Harrison, whether it be Olivia and Sean Zeisz. Whether it be Dusty. It certainly wasn’t on the evidence, because there is no evidence. There is no evidence of any problem Ian Fitzgibbon had with Lee Harrison. The feud, to whatever level it was, did not involve Ian Fitzgibbon. It was nothing to do with Ian Fitzgibbon. It cannot be said Olivia plus Dusty equals Ian Fitzgibbon wanting Lee Harrison and wanting Ashley Dale dead in the process. One or both of those equals guilty and motive.
“If the crown are right, that motive is important to understanding, to unlock the door as to why people acted in a certain way. We say they are right. Look at the motive the crown have put to you as far as Ian Fitzgibbon is concerned. It shows no motive.”

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