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

[Legally Bland]

14:19PATRICK EDRICH

Gunshots 'over almost as quickly as they began'​

Mr Pratt returns to the “ballistics evidence”.
“Just to remind you of the evidence so far as those shots were concerned, it’s impossible for Mr Horne to say in which order the shots were fired from upwards to downwards or down to up. What he could say was, in view of the speed, it was a movement of the muzzle one way or the other which would explain the range of shots there.
“We will look at the downstairs shots. You will remember our case, that the order of shooting is upstairs and then downstairs. You can see shots A and B. You will remember the evidence was that shot A is a ricochet mark, which having ricocheted from the point at A goes on to strike the frame above the door at A1. Then shot B, which ricochets at point B and ends up in the point at B1, again above the door.
“We suggest to you they are part of a single discharge, one pressing of the trigger. It’s not possible to say whether shot A is necessary the first shot. You can see where the gun is likely to have been pointed. You see C above the door. Then D and E. You can see the general shaping. When it comes to shots which were fired into the open doorway, those are at photograph five. You can see H and H1 again, the ricochet. G, N and F. It may be difficult to visualise the pattern of these shots, because that door is open. When we looked upstairs, you may recollect, it’s a flat surface and you can see a distinctive shape.
“If you imagine the door is shut, the shots actually hit the door. Assuming they would be somewhere in line with where we see them marked, you may consider that if that is done, what we suggest may emerge from that is a pattern that is not entirely dissimilar from the pattern that you see upstairs. The extension of that range, shots A and B going into that wall and at the extreme right the shot downwards at E. we suggest there is perhaps a similar, almost archlike pattern or curve which we say does bear a similar pattern.
“If that’s right, what it may demonstrate is that what James Witham was doing downstairs was much the same as he was doing upstairs. Waving the gun in very quick movements to create that almost curvelike disposal of the shots. It was a very swift movement indeed. It must have been. It’s almost impossible to visualise or express how quick it is. If you think, how long did it take me to say that? Two, three seconds? It’s a fraction of a second that all of those shots have been fired. It tells you something about the speed at which the muzzle has moved, we say in a swinging motion. It’s over almost as quickly as they began. Of all those nine shots downstairs, one and one only hits Ashley Dale.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

14:27PATRICK EDRICH

'An assassin who can't shoot straight - does that sound even remotely likely?'​

“Why would James Witham of all people, this is a planned shooting, why would he of all people be chosen to carry out the shooting of at least one person when he doesn’t know how to handle the weapon? James Witham was referred to as the assassin. An assassin who can’t shoot straight? Does that sound even remotely likely?
“Of course if the real intention is to fire shots indiscriminately into the walls of what you believe to be an empty house, it doesn’t require specialist skills you may think.
“Mr Horne accepts that he cannot say where Ashley Dale was in the split second before the single shot hit her. Could she, by way of example, have been in the kitchen on the other side of the door? Outside the sightline of James Witham? She was concerned about her dog. There was the evidence of the neighbour about when it was, the first time they heard Ashley Dale scream. One thought it sounded like she was outside. You really don’t know where she was beforehand. Could she have been out of sight somehow? We know when she was shot she was very close to the kitchen door. Had she got there in the split second before that shot killed her? We don’t know.
“If she was outside of James Witham’s sightline as he pressed the trigger, that is a highly critical piece of evidence indeed when considering what his intention was or might have been.
“Once it is known, as Mr Horne appeared to accept, that a neighbour was describing the sound of the gun in its automatic mode, you know you are dealing with two very short episodes of gunfire. Each lasting less than a second.
“When Mr Horne was reexamined, he said he maintained the view that his scenario was the more likely. But critically he said, there are other possibilities and I can’t exclude them. We are not dealing with things that are likely or more likely. You are dealing with being sure or not sure. He cannot exclude the possibility that James Witham was firing shots, not at Ashley Dale but at the building. Think of the implications of that for a moment. If that is right, James Witham cannot be guilty of murder.
“We submit when you look at all the evidence, neither should you be able to exclude the possibility. We say a full examination of the evidence tells you in reality this was not a deliberate, targeted shooting. It was an act of reckless madness on the part of James Witham which had the most dreadful of consequences, the same consequences as if Ashley had been shot deliberately. But you have to be careful when you look at the consequences. You’re looking at the intention, not the consequences. We say when you do that you cannot conclude that he deliberately killed Ashley Dale in that semi second of the flurry of shots downstairs.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

14:37PATRICK EDRICH

'The shooting of Ashley Dale happened literally in the blink of an eye'​

Mr Pratt references the movements of Ashley’s phone a few metres around the time of the shooting, as per the Health app on her device.
He told the court: “If those were the last steps A took, the timing is important. That is at 00.32. You can see that 00.33, the Hyundai is on the move again. That is just nine seconds later. And six seconds later, the Hyundai is turning right onto Prescot Road. It is one second later that Ashley Dale makes that call, in which she was unhappily unable to contribute actively. By the time that call is made, the Hyundai is on Prescot Road. If the final steps are recorded at that time, we invite you to conclude the shooting of Ashley Dale happened towards the end of the inc. In other words, James Witham went upstairs first then went downstairs and fired shots at a time when it was unknown where Ashley was at the time he pulled the trigger.
“The pathology evidence is entirely consistent with that. He said he would expect her to have the capacity to do certain things. If the activity sensor data on Ashley Dale’s phone records her taking five final steps at 00.32, we know that 32 seconds later, although her phone connects, she’s unable to participate in it. Entirely consistent with the evidence of the pathologist.
“After pressing the trigger for less than a second, James Witham must have run out of the house and was in the Hyundai within seconds. The evidence is consistent with him being in the house for a matter of seconds, not minutes. The shooting of Ashley Dale happened literally in the blink of an eye. It is against those facts that you should assess his assertion that he neither saw nor heard Ashley, certainly not before he fired the shot.
“People describe that as a very loud drilling noise, and he was holding the gun. As he turned around and made his way out, can you exclude the possibility that he did not genuinely see or hear.
“If, like Mr Horne, you cannot exclude the possibility that in that split second James Witham was firing at the property and not Ashley Dale, your verdict on count one must be not guilty.
“The prosecution says he is trying to get away with what he did as cheaply as he thinks possible. In fact, just about everything I said to you came not from James Witham’s lips. It comes from the prosecution evidence itself. It may not be the prosecution theory, but it is the prosecution’s evidence.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

14:51PATRICK EDRICH

'Nobody talked of Witham as a person capable of shooting anybody'​

“In a sense ladies and gentlemen, if we’re right in what we say, your verdict on count one will have a big impact on your approach to count two.
“You know in the hours, days, weeks and months which followed James Witham’s departure from Leinster Road, he was carrying out his normal business. Trying to put on a desperate shell of normality. It doesn’t look good laughing and joking with hotel receptionists, eyeing up women. In a way, that sort of approach is not entirely unknown. Isn’t it part of the human condition, that if we do something there may be a human instinct to try and cover it up? Not to face up to it? Even then, when confronted, to lie about it?
“James Witham of course could not turn back the clock. Whatever you may make of his conduct afterwards, it does not change the fundamental flaws in the prosecution’s theory which are exposed to be contrary to the evidence.
“Put simply, in relation to count two, it is alleged Niall Barr together with Sean Zeisz and Ian Fitzgibbon decided there was to be an execution. That is what the prosecution is saying. If necessary, a double execution. That was borne out of hostilities reignited and fuelled by events at Glastonbury and the suicide of Rikki Warnick.
“The counsel for each of those men have each addressed you firmly as to the reality of the prosecution’s theory in relation to that. But what did any of those matters have to do with James Witham? The source of much of the alleged background evidence came from Ashley Dale’s phone. When this evidence was served, we look at that and say there’s nothing in there about James Witham but I was wrong. The prosecution says the absence of any reference at all to James Witham when Ashley Dale is describing the feud between Niall Barry and Lee Harrison in fact supports the prosecution’s theory as to the background and motive.
“You may think this is a very stark example of the old trick, heads I win, tails you lose. If Ashley Dale had talked about the involvement of James Witham in any of these events, you can be sure Mr Greaney would have been all over those in demonstrating his involvement in that hostility. No evidence James Witham was present when the incidents occurred. Rikki Warnick’s funeral. Yes, James Witham went there. He didn’t know him particularly well, nice lad he said. The fallout between Sean Zeisz and Liv McDowell had nothing to do with James Witham and Dusty. James Witham and Dusty simply do not get associated.
“But when there is no link for James Witham in any of those issues and he doesn’t even get a mention, the prosecution have an explanation for that. He’s a mere foot soldier. They say also it may be of significance that Lee Harrison is not expressing any concern about James Witham and any rift between them. That may be so. There is an agreed fact that police had information to that very effect, there was this problem going on between James Witham and Lee Harrison.
“The fact there is no mention through Ashley Dale of Lee Harrison being concerned about James Witham doesn’t mean there wasn’t a rift. It could be that in those repeated acts of hostility towards James Witham, Lee Harrison really thought he was easy pickings. He didn’t see James Witham as a threat or any cause for alarm. After all, there really was nothing to indicate James Witham would ever do anything like that. Nothing in his criminal record suggests he possessed or used firearms. Nobody talked of him as a person capable of shooting anybody.
“The prosecution theory goes that Niall Barry had such a hold on him that he could take part in a feud that did not concern him at all. He was persuaded to actually carry out the execution of one or two human beings. And in order to assist, Joseph Peers is delegated the responsibility of driving to the location. A man with no known or little involvement in the ongoing dispute. Another footsoldier.
“What was it that persuaded James Witham to take on that role of executioner? It surely cannot be said that the wages on offer are as little as £1,000. This would be an enormously serious enterprise if it was true. It takes planning and research. Did the conspirators even check where Lee Harrison was to be that night? Did they assume he was home? Was he tracked? If that had happened, everyone would know where he was. In town, with his mates.”

14:57PATRICK EDRICH

'James Witham had gone to damage the property to send out a message to Lee Harrison, not to kill him'​

Mr Pratt said: “What were the post shooting plans? If this plan went according to plan, at some stage the police were going to find two bodies at 40 Leinster Road. What were those plans, and how would those plans be put in place? Where are those plans? Where is the foresight? Where is the forethought before taking on such a devastating act of murder.
“Then you remember this. The plan was not to shoot Lee Harrison in the house according to the prosecution theory. The plan was to shoot him in the street. That, you were told, was the real purpose of damaging the tyres of Ashley Dale’s motor vehicle. It was to lure Lee Harrison out of the house so he could be executed. But people could watch and immediately report their sightings to the police. And under the watchful electronic gaze of CCTV cameras. It sounds an unlikely scenario, but never more so than when you look at the timings involved.”
Mr Pratt refers to CCTV cameras showing the Hyundai in the area of Leinster Road between 23.36 and 23.38.
“It’s about 70 seconds between that car approaching Leinster Road then moving on. In between, the car is parked, the occupants have got out. They have, or he, we say, he has damaged the tyres then got backed into the vehicle and driven away. By the time it’s at the end of the road, about 70 seconds have elapsed.
“Mr Reiz already made the point that nobody made contact at that point to say to the bosses, the commanding officers, he didn’t come out. The plot has failed. What do I do now? What are my orders please? He doesn’t say that. Of course it might have been said back to him, how long did you actually give them? How long did he wait, having slashed the tyres. It’s much less than 70 seconds. You may think it’s much more likely that it was what James Witham said about that.
“He had already observed on a Snapchat entry that Lee Harrison was in town. He wanted to get some more, perhaps confirming evidence that no one was present. That, you may think, is a much more likely explanation. On the prosecution theory, it’s the whole purpose of the trip. It’s to slash the tyres, set the alarm off so he can come out and be shot.
“That doesn’t happen, and so they move on. There isn’t any communication at all. What does that tell you about the prosecution theory? What does it tell you about the plot to kill Lee Harrison in the street? It tells you that it simply doesn’t bear scrutiny.
“Then, after he has conducted the shooting, as part of this plan, it is the prosecution case James Witham goes back. He is accompanied by Joseph Peers. He goes back to Pilch Lane, where once again obvious CCTV cameras capture his every move. According to the prosecution, when he makes that journey to Pilch Lane, he has knowingly and deliberately shot Ashley Dale. So what does he do? He makes his way to a location associated with his co-defendants, and in particular Niall Barry, who according to the prosecution has this deadly feud with Lee Harrison. Why on earth would he do that? Go back to the very place where suspicion would fall? You will find no logical answers to that question.
“If there was a plan, there was neither planning nor research before the shooting was entrusted to an amateur. The post shooting activities the following morning reveal people who acted as if they did not expect what happened. James Witham had gone to damage the property to send out a message to Lee Harrison, not to kill him.”

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]

15:04PATRICK EDRICH

'On careful examination of all the evidence, Ashley's death was not intended by James Witham'​

“When James Witham gave evidence, he was cross-examined. Mr Greaney has addressed you about his performance. Whatever you make of James Witham’s account of how he came about the gun, even if you were to come to the conclusion what he was saying about acquiring the gun was not true, please understand that implicating someone else in the distribution of deadly weapons is not something you would want to do unless you gave some clouded description of his name.
“The prosecution have said to you bluntly, that what James Witham said was a pack of lies. They say he has lied for two reasons. To cover up for his own guilt, that he’s a fall guy who has lied to protect others. It’s up to you entirely to conclude whether he has lied and what conclusions you draw from it.
“If the prosecution is right to suggest he lied because he’s the fall guy to protect others, you may think those lies would not impact against him in the same way. I am suggesting how you may deal with the prosecution’s submission that he has lied for those two reasons.
“Ladies and gentlemen, even if contrary to what I have said so far you come to the conclusion there was some plan and James Witham was part of it, we ask that you look very carefully as to what that plan may be. Only one plan, only one conspiracy, suffices for you to convict on count two. That is a conspiracy that Lee Harrison was to be killed. We have already taken time to demonstrate that the sheer lack of planning before, during and after the visit to 40 Leinster Road is wholly inconsistent with people intending to carry out an execution in the street.
“The evidence you have heard is more consistent with there being a plan to send out a clear, hostile message which did not involve killing. If Ashley Dale had not been shot that night, this of course would not be a murder investigation. The fact their house had been shot up may not have even reached the attention of the police at all. Events controlled by Lee Harrison may not involve the retribution of the law. That plan was much more likely, you may think, the object.
“I make it plain that this is not our case so that James Witham is concerned. It is just on our behalf an invitation for you to scrutinise the prosecution’s theory on counts two and three with care, and to remember it’s not just a case in respect of count two that it’s a conspiracy. It’s proving that they have the right conspiracy - James Witham conspiring with the people named in the indictment.
“What I say to you ladies and gentlemen in conclusion. The idea that the events in the early hours of August 21 were caused by a deliberate decision to kill Lee Harrison and anybody who got in the way is one that frankly does not ultimately bear scrutiny when you do as you promised to do. Try this case according to the evidence.
“What happened to Ashley Dale was a dreadful loss of life. But on a careful examination of all the evidence, her death was not intended by James Witham. There was no conspiracy to kill Lee Harrison, or indeed anybody. Thank you for your attention.”
That concludes Mr Pratt’s closing speech.

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]

15:18PATRICK EDRICH

Judge Goose - 'You must not engage in guesswork or speculation'​

Justice Goose will now continue his directions to the jury.
“You will appreciate that in some criminal trials, the evidence is from witnesses who say they saw the defendants commit the crimes. However in many trials there is no direct evidence. Accordingly, the evidence in such cases may be drawn in circumstantial evidence.
“In this trial, while James Witham has admitted he fired the shots which caused the deceased's death, witnesses have not said they heard the defendants form a conspiracy to kill Lee Harrison. The prosecution case is based on circumstantial evidence to prove the guilt of the defendants.
“Circumstantial evidence is just the same as direct evidence, evidence capable of proving the guilt of the defendants. Circumstantial evidence comprises pieces of evidence relating to different circumstances which on their own do not directly prove guilt but when taken together, the prosecution say, leave no doubt that a defendant is guilty.
“The prosecution relied on this and other evidence. The background evidence of a dispute between Niall Barry and Lee Harrison after Niall Barry’s drugs worth at least £30,000 were stolen by the Hillsiders criminal group, with which Lee Harrison was associated. The assault of Sean Zeisz at Glastonbury, and how Sean Zeisz reacted when his partner spent time with Lee Harrison and the deceased. The voice notes and text messages made by the deceased. The death of Rikki Warnick and who was being blamed for bullying him. The association centred on the flat at 267 Pilch Lane. It was from that flat that James Witham and Joseph Peers left, returning in the early hours of August 21. During that period, James Witham used a Skorpion sub machine gun in her home, where internal lighting could be seen from the outside. Damage was caused to her car, which the forensic scientist concluded must have been caused by two knives. The phone contact with those in the flat and Joseph Peers and James Witham during that time. The evidence that Joseph Peers and Sean Zeisz assisted in hiding the Hyundai after the shooting.
The movements after the shooting.
“The prosecution says this evidence taken together proves knowing participation in the murder of the deceased and the plan to murder Lee Harrison. The defence says the evidence does not prove the case against him.
“James Witham admits he went to 40 Leinster Road with the loaded Skorpion to frighten, not to kill. He believed the house was unoccupied when he fired those shots. Any phone contact was not part of a criminal conspiracy.
“Joseph Peers denies being part of any conspiracy. When he left the flat with James Witham, his intention was to walk the short distance to his home. He accepted he got into the Hyundai and went to McCaig’s flat, then with James Witham to buy drugs. After that he went home. Any phone contact was innocent. When he returned to the flat, it was because James Witham had come to the house and asked him to go back to the flat with him. He believed the Hyundai needed to be off the road for repair. His trips to Scotland were to visit family.
“Sean Zeisz also denies the murder and his part in any conspiracy. He accepts he became angry with Olivia McDowell. He was at the flat to socialise with his friends and chill out. His phone contact was simply part of his normal behaviour. He denies any involvement with the Hyundai car.
“Niall Barry also denies being part of the murder or any conspiracy. He accepted he had a dispute with Lee Harrison, but it was over two years earlier and wasn’t an ongoing feud. He said his previous conviction for a firearms offence was when he was younger and stupid. He never obtained any firearm. He was in his flat on the night of the shooting. He feared his connection with the H would want the police to arrest him.
“Ian Fitzgibbon also denies being part of the murder or conspiracy. He said he had no issues with anyone. His contact with James Witham and Joseph Peers was nothing to do with the shooting, and was normal contact with his friends. He left the country because he was frightened, fearing reprisals and arrest by the police because he had been with James Witham.
“In the case against Kallum Radford for assisting an offender, the prosecution evidence reveals the following. Kallum Radford was asked by Joseph Peers to assist him to find a driveway where the Hyundai could be stored. Later, he arranged for the Hyundai to be moved to the home address of Abbie Jevins. He did not question why it was to be parked on the driveway and not to a repair garage. Kallum Radford disposed of his phone once he knew the police had found the car on October 9 2022. Kallum Radford gave a changing account in his interviews. Kallum Radford says the evidence does not prove the case against him. He believed it was damaged in an accident and was awaiting repair.
“It is for you to decide what conclusions you can draw. You must not engage in guesswork or speculation. You must weigh up all the evidence, both circumstantial and other evidence, and consider whether all realistic propositions can be excluded. You will decide whether the pros have made you sure on the count you are dealing with.”

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]

15:23PATRICK EDRICH

'You should be cautious to accept hearsay evidence'​

Justice Goose will now address “hearsay evidence”.
He cites the messages taken from Ashley Dale’s phone as an example of this.
“The deceased and her friends were talking about Glastonbury. There is discussion about the older dispute between Niall Barry and Lee Harrison and threats since Glastonbury. It is accepted and not disputed that there was an incident at Glastonbury when Sean Zeisz was assaulted, but it is denied it was anything to do with Dusty and the Hillsiders.
“It is not disputed that Niall Barry had beef with Lee Harrison, but it is denied there was an ongoing dispute and Niall Barry had done nothing about it.
“Much if not all of this evidence is hearsay, but it remains evidence. However there is a need for caution. We have not heard those people give evidence in court. It means they have not given evidence under oath or been cross examined.
“In some messages, it is obvious they are repeating what they have been told. In those circumstances, the evidence had been removed further from the original source. There is a risk the final version will not be accurate and reliable. That doesn’t mean this evidence isn’t reliable. It means you should be cautious before you accept it."

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]

15:28PATRICK EDRICH

Previous convictions 'not relevant to the issues you must decide'​

“There is evidence that Niall Barry has been convicted of conspiracy to sell or transfer a prohibited weapon. The evidence of this offence is within EncroChat messages Niall Barry sent in relation to a Skorpion submachine gun. The prosecution says it may be relevant as to whether Niall Barry had a tendency to obtain such a weapon at the time of the shooting. While his previous conviction does not prove guilt, it is relevant to where the Skorpion submachine gun came from.
“Niall Barry says his offending is in relation to when he was younger and he was trying to be tough. Decide if this is relevant to whether Niall Barry had the propensity to obtain a skorpion submachine gun and if it is relevant to where the gun used in the shooting came from. If you are sure it is relevant, making it more likely he obtained the gun in the shooting, you decide how relevant it is.
“It is important you consider it with all of the evidence. It is important you do not convict mainly or solely on the basis of this conviction.
“Defendants told you they were buying and selling illegal substances. This is not evidence which proves guilt on the indictment. Ian Fitzgibbon has also told you about his previous convictions. James Witham told you about his previous convictions. These convictions are not relevant to the issues you must decide. On their behalf, it is argued that they do not have previous offences for violence or firearms.”

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

 

[scapa]

First picture of spurned boyfriend who attacked X Factor star

Sean Zeisz jailed for 16 months for violent attack

www.liverpoolecho.co.uk

Good lord. Should have been years for that one.

So much for our "jovial stoner, Zest."

 

[Legally Bland]

15:34PATRICK EDRICH

'It does not prevent you from drawing conclusions from silence'​

“We turn to James Witham’s plea of guilty to manslaughter. James Witham has admitted he used a Skorpion unlawfully to cause the death of the deceased. The prosecution’s case is he is guilty of murder, as well as the offences in counts two and three.
“The relevance of his plea is he admits he unlawfully caused the death of the deceased. He denies he intended to kill or cause really serious harm.
“The guilty plea does not prove the guilt of his co accused. Their cases are they were no part in the shooting.
“Next topic, failure to mention something in interview. Apart from Ian Fitzgibbon, each defendant was interviewed by the police. They were informed of the caution, you do not have to say anything but it may harm your defence if you do not mention something you later rely on in court. The defendant does not have to answer questions and may make no comment. However if a defendant fails to mention facts which they later rely on in court, what is the . The prosecution says Joseph Peers and James Witham failed to mention in their interviews the facts on which they now rely. The prosecution says Sean Zeisz and Niall Barry wanted to take James Witham to the police station when they learned what happened. Joseph Peers remained silent and did not tell you anything about his movements after leaving the flat and returning. James Witham remained silent. Neither Sean Zeisz or Niall Barry mentioned that they wanted to take James Witham to the police.
“The prosecution says that their respective failures, the reason is because those facts are not true and they’ve been made up to fit the evidence. It is possible for you to draw an inference if in circumstances at the time of interview they could have reasonably been expected to mention those facts. In circumstances, could the defendants have reasonably been expected to mention what they said to you? Was the case being put to the defendants in interview sufficiently strong to demand a full response? What was the reason for that defendant not mentioning what they now rely on? When a defendant is advised to say nothing in an interview, your approach must be that if you accept the evidence they were so advised it is an important consideration. It does not prevent you from drawing a conclusion from his silence. They are also told any failure to mention facts they may later rely on may harm their defence.
“It is open to you to conclude that it is untrue and at the time of interview he had not thought of it. You must only do so if it is fair and proper, and you must not convict the defendant wholly because of it.”

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]

15:39PATRICK EDRICH

Justice Goose - 'remember the burden of proof relies on the prosecution'​

Justice Goose told the jury: “James Witham has admitted he told the police he had been set up and the Hyundai car did not belong to him. In his defence case statement, he had stated he had nothing to do with the shooting and was home at the time.
“The prosecution argues you can hold these lies against him as supporting his guilt. On behalf of James Witham it's argued you should not do so. He has now admitted causing the death of the deceased and has now told the truth.
“You must be sure that there is no innocent explanation for the lies. A defendant may lie for many reasons which may be for innocent reasons, for example to bolster their evidence or out of panic. Only if you are sure the reason for telling a deliberate lie was not innocent may you hold it against James Witham.
“Kallum Radford chose not to give evidence in this trial. All defendants are entitled not to give evidence. Remember that the burden of proof relies on the prosecution. There is no evidence from him in the witness box to contradict or undermine that of the prosecution. Kallum Radford has not given evidence, he has said nothing to contradict the prosecution’s evidence. Kallum Radford’s silence may add weight to the prosecution against him. It is open to you to conclude he had no answer that would stand up to cross examination. You may decide whether it is fair and proper, or whether the prosecution case is sufficiently strong to require an answer. You should not convict Kallum Radford wholly or mainly because he did not give evidence in this trial.
“You have heard evidence of Ian Fitzgibbon leaving the country to Dubai and Spain before being extradited to the UK. You have heard evidence that Niall Barry made efforts to leave the country. Ian Fitzgibbon said he was afraid of being dragged into something he was not involved in because of association. He was afraid of recriminations should he tell the police what he knew. The escape or attempt to escape is evidence you may take into account in the prosecution case. They either escaped or tried to before they were arrested. You must take into account their innocent explanations.
“During his police interviews, Kallum Radford said it was Zest who was one of the drivers of the Hyundai. Later he refuted that. Sean Zeisz was not present to challenge what he said. That means this evidence is only relevant in the case of Kallum Radford and cannot be relevant against Sean Zeisz.
“The fact you have heard evidence of Michael Kershaw being present with the defendants, in particular at Pilch Lane, does not affect your decision. You are not trying Michael Kershaw and you should not speculate or guess if there was evidence to charge him.”

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]

15:42PATRICK EDRICH

'The facts they are experts does not mean you must accept everything they say'​

Justice Goose: “Joseph Peers has told you that he was with his parents at home watching boxing when the shooting happened. He has called his parents as witnesses. Since it is for the prosecution to prove Joseph Peers’ guilt, he does not have to prove his alibi. It is for the prosecution to prove he was not at home and he was in Leinster Road. If the prosecution does prove Joseph Peers’ alibi was false, that does not in itself mean he is guilty. It is something you may take into account. The prosecution must make you sure his alibi was false and he was with James Witham, participating in the shooting.
“You have heard expert evidence in this trial. DNA, tyre damage, cell site, firearms and pathology. The fact they are experts does not mean you must accept everything they say. It forms part of all the other evidence in the case and is there to assist you.
“During this trial, Sean Zeisz had the assistance of an intermediary. The intermediary is entirely independent of the prosecution or defence. He is there to assist him with his giving evidence. The fact should not be held for or against him, it’s simply to make him more comfortable giving evidence.
“We’re going to stop now. Tomorrow we’re not sitting. Come back on Thursday, when I will continue with my summing up of the evidence.”
The jury is asked to return at 10.30am on Thursday.

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

 

[scapa]

I think defence is doing a good job for IF so far today.

ETA - saying IF wasn’t going along with the “script” etc is a bold move, and again not putting the others in a good light,

Agree. Meticulous and convincing.

Also agree with others above about the prosecution fudging things a bit with the presumed motive. The "beef" with NB may have figured but there's definitely a division here between the "serious criminals" like NB, SZ and possible JW, and the hangers-on crew.

I suspect that JW may have admitted the actual motive in his own awkward testimony -- the Kyle line, the substantial cash being made in North Wales, the "belittling" and its abverse impact on business of being robbed over and over by LH and his crew.

I wonder if this was as simple as a longstanding dispute about territory that came to a head as various personal issues became mixed into this central dispute, amid a booze, drug and testosterone-fuelled long night where the boxing and smack talk became something much more potent: a fuzzy-edged plan to shoot up a house -- and, with JW on the trigger, anyone in it.

We readily believe that gangs elsewhere will shoot up a street, home, funeral, birthday party or playpark over territorial disputes -- why not these eejits?

I think the prosecution has perhaps erred in trying to imagine a far more detailed plan, before and after the murder, than these bunch were capable of at that time and in that place. But at least a few of them had maintained drug lines for years, and it's p=just as likely IMO that the "plan" was a sequence of dovetailing slights real or imagined combined with a pissed-up JW, egged on or imagining he was helping out NB/ SZ.

JP -- he was there, and did summat.

As before, I'm less convinced about IF and KR.

 

[Alyce]

Agree. Meticulous and convincing.

Also agree with others above about the prosecution fudging things a bit with the presumed motive. The "beef" with NB may have figured but there's definitely a division here between the "serious criminals" like NB, SZ and possible JW, and the hangers-on crew.

I suspect that JW may have admitted the actual motive in his own awkward testimony -- the Kyle line, the substantial cash being made in North Wales, the "belittling" and its abverse impact on business of being robbed over and over by LH and his crew.

I wonder if this was as simple as a longstanding dispute about territory that came to a head as various personal issues became mixed into this central dispute, amid a booze, drug and testosterone-fuelled long night where the boxing and smack talk became something much more potent: a fuzzy-edged plan to shoot up a house -- and, with JW on the trigger, anyone in it.

We readily believe that gangs elsewhere will shoot up a street, home, funeral, birthday party or playpark over territorial disputes -- why not these eejits?

Absolutely this.

To me, it's all about the drugs and the money.

I thought JW's defence counsel did a very good job re the bullet spray pattern - and about the timing of the shots being before AD was heard shouting.
And the earlier tyre slashing. 70 seconds from arrival to departure of JWs car - clearly not waiting around to shoot someone.

 

[Kasmeer]

I agree with scapa and Alyce above. That's two defence cases in a row that have made points which really made me think, and lean towards the "not sure" side of it. I was convinced I'd be sure of JW's guilt, and yet, the bullets and timings do indeed raise big questions about his intent. And given my issues with the whole motive, I can find a bunch of drunk idiots egging each other on till one of them shoots up a house to be more plausible than the same bunch of idiots somehow making a big plot to kill someone, because, erm, reasons.

Doesn't mean I have any sympathy for the main players; I hope if it does end up as manslaughter that they get very severe sentences for it, especially JW, but I could certainly see that being a plausible result, which I didn't expect going into the closing speeches. Good work by the defence for both IF and JW there!

 

[Legally Bland]

10:46JONATHAN HUMPHRIES

Judge recounts evidence around Ashley's death​

Justice Goose says he will “summarise the evidence” the jury have heard over the past few weeks.
JG: “Shortly after midnight, in the early hours of August 21 last year, Ashley Dale was alone in her home at 40 Leinster Road. Her partner Lee Harrison was out for the night. She’d been watching television. She was with her pet dog. At about 23.40, the alarm on her Volkswagen T-Roc car was set off. While she was very anxious, she believed heavy rain caused the alarm to be activated.
“40 minutes or so later, the police were called. James Witham broke through the front door of 40 Leinster Road. He broke the whole door from its frame. There were lights on in the downstairs rooms and the television was on. He told you he wore a balaclava to disguise himself, he believed no one was in the house. You may ask yourselves why therefore was there a need for him to wear a disguise.
“He carried with him a loaded Skorpion sub-machine gun. There is an issue for you to decide as to whether the shooting started upstairs or downstairs. The result was Ashley Dale was killed. The fatal shot was fired from inside the dining room towards the kitchen.
“He has told you he acted alone in a moment of madness intending to give a warning to Lee Harrison. There were table lamps on in the sitting room, dining room and some light in the kitchen. The deceased was close to the back door of the house, being the only way out other than the front door. One of those bullets recovered from inside a kitchen stool was found to contain a DNA profile matching the deceased. It was fired from approximately shoulder height from a position close to the door, fired in the direction of the kitchen.
Judge Goose says James Witham’s DNA was recovered from a bullet casing found in the upstairs of the property, as well as a footwear mark on a door “similar to a trainer bought by James Witham earlier on August 20”, left upon entering the property.
JG: “After examining door cameras and CCTV, it became obvious the shooter arrived in a grey Hyundai car and drove away afterwards. That was parked on a drive on Redgate Drive in St Helens later that day, then another driveway in St Helens.
The car had been fitted with a cloned number plate.The registration for the false plates used on the car was found in a note saved on Niall Barry’s phone.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

10:54JONATHAN HUMPHRIES

'It wasn't possible' to save Ashley​

Justice Goose: “It’s perfectly clear that everything that could be done to save her life was done. It wasn’t possible to do so.”
He refers to evidence of Ashley’s injuries, as presented to the court by forensic pathologist Dr Matthew Lyle.
The jury are shown body mapping images showing where Ashley was hit by the bullet.
The image also shows Ashley had swelling to her scalp and a small cut.
JG: “That was consistent with the head injury of her terminal collapse after blood loss, as she fell and banged her head.”
He says the fatal wound was a gunshot wound to Ashley’s abdomen. There was an exit wound to the left side of the lower back, where the bullet left her body. The wound caused “extensive” internal bleeding.
JG: “The deceased was a healthy woman with no other causes of her death, which was as a result of a gunshot wound to her abdomen. It would cause death fairly quickly.”
“The prosecution case has been that James Witham, Joseph Peers, Sean Zeisz, Niall Barry and Ian Fitzgibbon planned and carried out the shooting together. James Witham and JP leaving the flat at 267 Pilch Lane at 22.10, driving away to prepare themselves with the Skorpion sub-machine gun, two knives and at least one balaclava.”
The judge says he will briefly summarise the case of each defendant, but will remind them later in more detail of the evidence they gave during the trial. He refers to the defendants by initials.
“JP’s (Joseph Peers’s) case is he played no part in the shooting. While he left with JW (James Witham), he went with him first to David McCaig’s flat. They travelled to buy drugs. He was dropped off at his home where he watched the boxing. JW came back later and they went back to the flat.
“JW admits the shooting in his moment of madness. He did not know anyone was in the house. He went upstairs first, fired five shots then downstairs and fired 10 shots into the dining room.
“SZ’s (Sean Zeisz’s) case was he played no part. While he had a dispute with his partner and he didn’t want her to be with Dusty, he had no argument with Lee Harrison or the deceased.
“NB (Niall Barry) accepts he had a dispute with Lee Harrison but it was a few years ago. He had no reason to want to kill him or the deceased. He had no part in the killing. His preparations to leave the country were because he feared being caught up in what JW had done.
“IF (Ian Fitzgibbon) says he played no part in the shooting. He left the country because he feared being caused up in what JW had done or retribution in some way.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

11:04JONATHAN HUMPHRIES

'Dust been bullying Rik lad'​

Justice Goose addresses the events at Glastonbury Festival 2022.
The jury are shown a picture of Ashley Dale and Lee Harrison together on the Saturday of the festival.
“On Saturday the 25th, at just before 9am, officers stopped a grey Audi driven by James Witham with Niall Barry as a passenger. They also went to the pig and wheel. Niall Barry had a blue holdall bag which he also had on his arrest. Later a flick knife was found in the bag. James Witham said the knife and bag were his.”
He says Barry’s passport and clothing were found in the bag Witham stated he was unaware knife had been in bag
JG: “It’s important that when you consider this background evidence, you bear in mind the directions about hearsay evidence. What is beyond challenge is the deceased was becoming increasingly anxious about events involving her partner, Lee Harrison, and Niall Barry concerning beef and what happened at the festival.
“Messages between the deceased and Sophie describe an incidence where Sean Zeisz was assaulted. It was said Liv ended up legging Zest and staying with Dusty.”
Justice Goose refers to the defendants by initials.
“Within 13 days, the deceased voice note to Liv was talking about Liv’s fallout with SZ (Sean Zeisz) and talking about Branch. Liv replied saying she felt stuck in the middle between Branch and SZ. She said SZ was calling her a rat. On the same day, June 29, the deceased sent another voice note supporting her in her difficulties with SZ.
“On July 3 there were message between the deceased and Sophie discussing the ongoing tensions. She said Branch is out for Lee. She was concerned NB (Niall Barry) knew where LH (Lee Harrison) lived. She also said NB was threatening to come here, but never come. She said it’s crazy cos he’s on some pure rampage.
“We turn now to the build up to the shooting. These are events between July 16 and 20. NB, and JW (James Witham) are together, apparently on holiday at a swimming pool. This was said to be in Norfolk. NB sent a series of messages to SZ with images of the Audi NB appeared to have acquired.
“SZ said to NB, ‘Dusty been getting me bird lad. How sick is that’. He replied ‘you’re lying to me’. SZ said ‘Rat isn’t she’.
“On July 21, the day after that, was the event when Rikki Warnick died. On July 22, there were more messages between SZ and NB about the death of Rikki Warnick. SZ has a missed call to Barry. SZ’s message said ‘lad Rikki’s killed himself’. 10.51, ‘do me a favour bro’, Zeisz to Barry, ‘my bird car on Dusty path. Go smash the window screen now. Are you by us? Please bro, smash her car up’. Barry replies ‘yeah man’.
"Zeisz says ‘Asap’. 10.51, message by Barry, ‘I’m by ours. Please bro please, right now, brick her window’. ‘I can’t believe this lad’ says Barry to Zeisz. Zeisz says ‘lad her car on Dusty path. Dust been bullying Rik lad. He threw himself under Huyton train station. Been crying all night. Can’t even talk. And found out me bird been sleeping in Dusty’s. Jamie stabbed all the tyres before for me. I want it smashing please. I’d do anything for someone to smash that’. Barry replied ‘I can’t believe this man. I’ll try to get someone to grab me now, Davo or someone’. Then there is the voice message which you have heard.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

11:17JONATHAN HUMPHRIES

'All the rats sat together'​

Justice Goose turns to the funeral of Rikki Warnick and the wake at Ten Streets Social on August 10
JG: “ The deceased was told by her friend Lois that NB (Niall Barry) was at the wake.”
He says Ashley Dale arrived alone
JG: “While at the wake the deceased messaged LH (Lee Harrison) saying all the rats just sat together, and she was not staying.”
Justice Goose refers to the arrangement for the Audi to be exchanged for the Hyundai, involving David McCaig, James Witham and Niall Barry.
He says McCaig and Witham left Pilch Lane and travelled to Manchester. James Witham’s in phone was in contact with Niall Barry.
In an earlier message, Barry was told “Got car for you” from a contact saved as ‘Brew New’. Barry claimed this actually referred to a van
McCaig and Witham then returned to Pilch Lane.
JG: “At 19.26, NB was with JW (James Witham) and McCaig. NB left the flat. About 30 minutes later, the Hyundai drove on Pilch Lane and returned into Page Moss Lane. JW with MK (Michael Kershaw) exit the car and enter the flat. NB and SZ (Sean Zeisz) were then seen walking from that road and entered the flat.
Justice Goose refers to agreed facts on the opening hours of Go Local, from 7am to 1am on friday and Saturdays
Brian Gowland had been previous registered keeper of the Hyundai, refused to answer questions.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

11:22JONATHAN HUMPHRIES

Journey to North Wales​

Justice Goose turns to August 19, and a journey to North Wales.
He says Niall Barry, James Witham, Joseph Peers and David McCaig travel together in the Hyundai car from Pilch Lane to Abergele, near Rhyl.
They arrived about 4.30pm and returned around an hour later, arriving ar Pilch Lane at 18.44.
The car was parked on Wyndham Avenue and the occupants walked back to the flat.
James Witham, Ian Fitzgibbon and Joseph Peers are then seen together in the Co-op on Pilch Lane before returning to the flat.
Niall Barry did not leave the flat again until after shooting.

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