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

[Legally Bland]

11:30JONATHAN HUMPHRIES

Build up to the shooting​

Justice Goose turns to August 20.
“JW (James Witham) called IF (Ian Fitzgibbon) just after 10 o’clock in the morning. IF drove the black Volkswagen Golf to Pilch Lane and picked up JW. They drove to Taskers Sports in Aintree. IF stayed in the car while JW bought a pair of size 8.5 On Cloudflyer training shoes for £155.
“Both IF and JP (Joseph Peers) drove back to Pilch Lane after visiting Go Local. They then entered Pilch Lane just before 3 o’clock.
“At 17.51, JP and IF left the flat to buy a mobile phone top up which was then used by NB (Niall Barry).
“JW and IF and JP, at 19.42, left the flat and walked to Wyndham Avenue, where the Hyundai was parked. They drove off. About 20 minutes later, JW and JP entered Adisco food and wine and Page Moss Lane. JW was clearly wearing his new trainers. During this time a man riding an electric bike delivered a package to the car, said to be drugs for JW.”
He says the three men then returned to the flat.
“The time now is 21.19. SZ (Sean Zeisz) arrived in his silver Mercedes and parked on Pilch Lane before entering the flat. By 21.30, the mobile phones of each defendant charged with murder are using the same cell site that covered the flat on Pilch Lane. The clear inference is they were inside the flat together. There is no dispute they were.
“At 22.10, both JW and JP left the flat on Pilch Lane. It was 22.18, eight minutes after they left, IF sent a message to JW. IF was inside the flat with SZ and NB.”
He says the movements of the car were presented during the trial.
JG: “Between 23 minutes past 10 and 49 minutes past 10, JW’s phone was using a cell site shown. There’s phone contact between the five defendants. We’re now at 23 minutes past 10. JW sent a message to IF. It is said that was a reply to the IF message at 22.18. IF message to JW. JW to IF. 22.43, NB call forward, trying to call JW. 22.43, NB call forward to JP. 22.54, JW made three calls to Barry Westall. 23.06, IF attempted contact to JW. SZ three seconds, attempted contact to JP. IF attempted to contact JP. IF attempted contacting with JW.
“Ladies and Gentlemen, you can see from that, IF was in contact or attempting to contact JW on seven occasions. NB is trying to call both JW and JP. SZ tried to call JP on two occasions, the second of which was a call for 23 seconds.”
He says there is cell siting of James Witham’s phone and the location of Hyundai, which was shown to the jury
JG: “At 23.40, the car tyres must have been slashed by that time. That is when the alarm had been set off and Ashley Dale contacted Lee Harrison.”

Ashley Dale murder trial as it happens

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

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[Legally Bland]

11:34JONATHAN HUMPHRIES

Moment Ashley is shot​

Mr Justice Goose: “Then we turn, Ladies and Gentlemen, to the shooting. The deceased was messaging Lee Harrison until almost eight minutes past midnight.
Justice Goose refers to CCTV footage of the Hyundai driving towards Leinster Road between 12.26am and 12.30am.
JG: “They show the car driving to Leinster Road. Ashley Dale’s phone shows five steps or 4.33 metres travelled. The precise distance is not important, but it shows there was movement of her phone at 00.32. The prosecution say that was her moving within the property before or after she’d been shot. It is not possible to say which, but there was movement. There’s no dispute about her movement.
“It was about two and a half minutes later the car drove quickly away from Leinster Road. The shooting had obviously taken place, and the car was being driven away.”
Justice Goose says the front door of Ashley’s house was shown to be missing as per a doorbell camera opposite the address.
“You can see there is a bright light because the door has been kicked through. At 00.41, the 999 call was made, bringing the police to the scene.”

Ashley Dale murder trial as it happens

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

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[Legally Bland]

11:39JONATHAN HUMPHRIES

'Get the * out'​

Justice Goose: “I’m now going to turn to the neighbours' evidence.”
The neighbours cannot be named for legal reasons.
One neighbour was upstairs in bed. Justice Goose reads a summary of their evidence.
“I was awake and heard a loud drilling noise. I paused my TV and heard a second drilling noise. I heard something about two seconds after the second noise, a girl scream really loudly and shouting ‘get the * out’.
Another said she watched the boxing before going to bed
JG: “At about half past midnight, I heard a loud bang. I heard a loud female scream. I heard a second loud scream. After that I heard two car doors slamming, then the noise of a car speeding away.
A third neighbour went to bed around 11.30pm.
She said she: “Heard a bang like a wheelie bin closing”, “then a second and third bang” followed by screaming
She looked out the window to see a car driving away.
A fourth neighbour was in her dining room with music on.
“I heard a massive metallic crash. It was very loud. I thought I heard a very soft voice, ‘help me, help me’. It sounded like a young female in pain. I couldn’t see anything.”
The evidence of two further neighbours was read.
One went to bed, then “Heard the sound of two or three loud bangs” followed by “car tyres screeching away”
Second was in bed about 10 minutes when he “heard three loud bangs” before he heard a “car driving away, making a screeching noise”.

Ashley Dale murder trial as it happens

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

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[Legally Bland]

11:45JONATHAN HUMPHRIES

Police officers describe lighting in the house​

Justice Goose refers to the evidence of the first police officer to enter the house.
The jury were shown body worn camera footage.
He says the officer “did not put on any lights or see any other officer doing it”.
Ashley Dale was discovered in the back yard by one of his colleagues, lying on her back wearing pyjamas.
She had an injury to her torso and no pulse.
JG: “His body worn video showed a table light on in each of the dining room, front sitting room - where the television was also on - and front bedroom.”
Another officer said the hallway “dark but no so much that he would not have been able to see anyone”
He describing finding Ashley Dale and “trying to save her”, performing CPR.
A third PC described the light in the hallway as “poor” but could hear TV in living room. He also said “lighting was present” in the dining room and kitchen
A mobile phone was recovered from the back yard, where it was lying on the ground next to Ashley.
The officer saw bullet casings in the dining room and bullet strike marks on the walls. Footwear marks were found on the broken door lying on the hallway floor, another “just inside” the dining room.
Bullet casing upstairs “revealed a DNA profile which matched the DNA profile of James Witham”.
“Of course, he accepts being the shooter.”

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

 

[Legal]

I forgot about Ashley's phone showing she moved about 4 metres at 00.32. JW must have shot her as she was running away, there's no credible alternative.

 

[Legally Bland]

11:51JONATHAN HUMPHRIES

News breaks about shooting​

Justice Goose: “Ladies and Gentlemen, what happened in the days after the shooting. At 00.44, IF (Ian Fitzgibbon) left the flat in Pilch Lane. he went to Go Local and then was picked up in a black Volkswagen Golf. At 00.47, SZ (Sean Zeisz) twice attempted to call Peers. The police arrived at 00.55.
“JP (Joseph Peers) used his phone twice, the second of which was a 19-second call to SZ at 00.59. SZ called him back at 1.18 for 16 seconds. At 1.25, JW (James Witham) and JP were back at Pilch Lane. present there were NB (Niall Barry) and SZ. JP left at 3.16. JW left at 4.20.
“At 9.26am, the Liverpool Echo press release published the shooting and the police investigation.”
Data from Barry’s phone showed that he viewed this article shortly afterwards..
Justice Goose calls for a break and asks the jury to return at 12pm.

Ashley Dale murder trial as it happens

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

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[Legal]

I wonder what the delay is ...

 

[Legally Bland]

12:36CHARLOTTE HADFIELD

The days after the shooting​

Justice Goose corrects his earlier comments concerning the data on movements of Ashley’s phone at the time of the shooting.
He says the car’s journey starts at 12.33.
JG: “It’s within very few seconds, if not quite overlapping with, the activity sensor data.
He returns to events “the following morning”.
“NB (Niall Barry) and SZ (Sean Zeisz) left the flat at 10.53. They drove off in the silver Mercedes. The Hyundai was on the move at 11.13, it was driven away from Huyton. over an hour later, JP (Joseph Peers) was trying to speak to both SZ and NB. at 13.28, IF (Ian Fitzgibbon) had a booking for a flight to Dubai for the next day. That was later amended to the following day, August 23. That was made by his sister Claudia.
“The Hyundai travelled to the St Helens area from the Prescot area, arriving at 15.23. That was near Waring Avenue where the car was later parked. There is a taxi collection at Redgate Drive in St Helens, an address linked to KR (Kallum Radford), and a drop off at Woodlands Road, where JP lived. The inference is JP was involved in moving the car and took a taxi back to his home.
“KR made two attempts to call JP at 17.08 and 17.10. At 17.34, after IF booked his flight to Dubai, he is with NB (Niall Barry) and SZ on PL. SZ left the flat, got into a taxi which drove away, and returned around half an hour later in his Mercedes. IF and Kershaw got into the car carrying bags at 19.06.
Justice Goose says there was a booking made by Joseph Peers for two nights at the Mercure Hotel in St Helens at 19.19.
“JP and JW (James Witham) travelled by taxi to the hotel. At 20.35 to 22.45, IF and SZ appear to have been at IF’s home. Both of their phones were using cell sites which covered that home.
“The following day, August 22, in the afternoon between 15.09 and 15.15, NB was making arrangements to leave the country. He sent messages to Gus in the Signal app, which the prosecution say were for him to leave the area. There is no dispute that this is what was happening.
“After that contact by Barry with Gus to begin the arrangements to leave, NB is in contact with SZ. a 23 second call at 17.06. Zeisz called him back at 17.34. During the evening JP and JW left the Mercure Hotel in St Helens, drove off in a white van linked to Peers’s father. The ANPR and cell site evidence shows the movement of the van towards the centre of St Helens. By 21.27, Peers and Witham returned to the Mercure Hotel. KR sent a message to Peers at 22.30.”
Justice Goose moves to August 23 and 24.
JG: “There’s a message from Gus to Niall Barry, have info today what’s what bro. At 10.22, IF and his sister were at Birmingham Airport for the flight to Dubai. Peers and Witham check out of the Mercure Hotel and travel in a taxi to Huyton. Barry’s girlfriend Lucy Worley booked two nights to stay at the Formby Hall Hotel. He travelled to Hickory’s steakhouse. He arrived at the Formby Hall Hotel.
“At 22.54, Barry was arrested by the police. In one of the bags was £10,000 in cash, his passport and a Nokia mobile phone. On arrest he was cautioned. PC Lowe gave evidence and told you Barry said “it’s nothing to do with her, she didn’t hurt no one”. In cross examination, the officer confirmed Barry was compliant when arrested.
“Police executed a search warrant at the home of Witham’s father and sister Julie. She messaged Witham while the police were there. Peers made another booking for himself and James Witham for the Mercure Hotel in St Helens.
“On August 27, they checked out of the hotel leaving in a taxi to Peer’s address. During that afternoon Witham’s phone moved to Scotland in a journey matched in the ANPR to the Audi.”
On August 28 there was seven contacts between Radford and Peers. The following day Abbie Jevens called Radford, and later Peers called Radford.
Peers was also using Witham’s bank card to draw £600 from Witham’s account while he was in Scotland.
A police search was carried out at 267 Pilch Lane. A black Mountain bubbled coat was recovered and tested for DNA.
Sean Zeisz handed himself in to police and was arrested. Peers made two calls to Radford.
On August 5, there were further calls from Peers to Radford. A Kia Sportage drove from Scotland to Liverpool and then returned on the same journey, Peers phone made the same journey.
Peers and Witham were arrested on the M6 by Cumbria Police on the way back, Witham gave a false name.
On September 16, there were calls between Abbie Jevens and Radford.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

12:40CHARLOTTE HADFIELD

Skorpion sub machine gun 'capable of firing 14 to 15 bullets a second'​

On October 9, police attended Waring Avenue and knocked on the door of Abbie Jevens. She contacted Kallum Radford, who did not use the phone again after that day. He was arrested two days later.
Ian Fitzgibbon was arrested in Spain this year and extradited on August 24.
Justice Goose says he will now turn to the expert evidence. He says Andre De Villiers Horne, a firearms expert, described the workings of an automatic firearm. An automatic firearm can fire bullets continuously with one pull of the trigger.
“In this shooting the firearm was a Skorpion sub machine gun. It has a magazine that can hold 10, 20 or 30 cartridges — it is capable of firing 14 to 15 bullets a second.”
Justice Goose says the jury were shown where bullet casings were recovered from the scene. Some could have been disturbed by footfall after the shooting.
The jury are asked to look at some documents in the jury bundle. He says some of the bullet strike marks at the scene were from ricochets, meaning a single bullet may have made multiple marks,
He refers to the bullets found in the dining room.
JG: “The shooter was either leaning into the dining room or standing in the room when the shots were fired.”
JG: “All of the shots in the dining room and the kitchen…. in his opinion were fired at a target rather than random. That was his opinion.”
Mr Horne attended Ashley’s post-mortem examination and confirmed her wound matched what he would expect from a 9mm bullet.

Ashley Dale murder trial as it happens

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

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[Legally Bland]

12:50CHARLOTTE HADFIELD

'Ashley was moving towards the back door when she was hit'​

Justice Goose: “Mr Horne’s opinion was that Witham must have moved between shots in the dining room. He compared the position of shot A with shot H. He must have fired the shot at A at least arms length from the wall, and shot H must have been fired from a different position.”
Justice Goose says Mr Horne found the bullet hole found lodged in the kitchen stool was at the same height from the floor as the exit wound on Ashley’s body. He checked the angle the shot entered the stool.
JG: “His opinion was the deceased was standing in front of the chair when the shot was fired, this was also consistent with his opinion that Witham was moving when the shots were fired.”
He says Mr Horne also concluded that if the shot had hit the stool without meeting any resistance he would have expected it to have passed straight through, meaning he believed Ashley’s body reduced its velocity.
Based on the angle, he concluded that Ashley was moving towards the back door when she was hit.
Justice Goose says Mr Horne could not say which order the shots were fired in, and whether the shots were fired upstairs or downstairs first.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

12:57CHARLOTTE HADFIELD

Jacket found at Pilch Lane 'smelled like it had been washed'​

Justice Goose says Heather McKinley, a DNA expert, found traces of Witham’s DNA on a bullet casing recovered from upstairs in Ashley’s home.
Some of Ashley’s DNA was found on the bullet found lodged in the stool. She also described a jacket recovered from Pilch Lane was examined, which “smelled like it had been washed”. DNA mixes from at least four contributors, one from Sean Zeisz and one from James Witham.
The prosecution say this is evidence that “at some point” both may have worn that jacket.
A bottle top was recovered from the Hyundai, bearing DNA matching Joseph Peers. The front nearside door handle of the car was swabbed, indicating the presence of three contributors including Kallum Radford.
Mark Kearsley, a scientist with expertise in footwear examination, explained that a gelatin lift is taken from a footwear impression. This analysis was performed on two footwear marks from inside Ashley’s home, including one on the broken door.
The two marks at the scene matched those of the training shoe worn by Witham. Justice Goose said it is accepted by Mr Pratt that the impressions matched the footwear worn by Witham.

13:12CHARLOTTE HADFIELD

Call data examined from defendant's phones​

Justice Goose turns to the cell-site evidence of John Tarpey. Mr Tarpey explained that cell site data can place a phone within an area covered by a particular cell mast, although it can’t precisely say where the phone is within that coverage area.
Mr Tarpey examined call data from the defendants and carried out site surveys in areas important in the case.
From 22.15 to 22.48 on August 20, the defendant’s phones were using a mast covering the Pilch Lane area. At 23.11, Witham’s phone made a call and moved to the west. Peers phone was using a neighbouring cell facing Pilch Lane but in Huyton, until 23.10. At 23.07 the Hyundai was caught on ANPR near Woodlands Road.
Peers's phone between 23.09 and 23.10, was using the cell site consistent with both being in an area including his home address on Woodlands Road and the ANPR siting.
This is around 30 minutes before Ashley’s tyres were slashed. Justice Goose says Peers phone was not used between 23.10 and 23.45, when it was in used to contact Zeisz.
At 01.21 and 03.25, Peers’s phone was using a mast in Pilch Lane.
He refers to the journey to Rhyl on August 19. He says there was CCTV showing Peers on the phone at a time when the Kyle Line device was not being used, showing it was not the Kyle Line.

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]

13:14CHARLOTTE HADFIELD

'Two different implements' used to slash Ashley's car tyres​

Mr Justice Goose says at 22.20 the Hyundai was on Broad Green Road. At 22.18 Witham’s phone was in Huyton and “could not have been in the Hyundai” at this time in Mr Tarpey’s opinion.
Mr Tarpey said Peers’s phone used a cell-site consistent with the ANPR hit showing the Audi at 23.07.
He says Mr Tarpey accepted at 23.10, Peers’s phone was contacted by Zeisz’s phone for 23 seconds. At that time the cell site data was consistent with Peers’s phone being both at his home address and in the car where it was cell sited.
Between 23.34 and 00.28, there were no network connections for Peers’s phone.
Justice Goose says Adam Wilson, a forensic scientist, examined the damage to Ashley’s car tyres. He concluded, based on his examination, two different implements had been used to stab or slash three tyres.
JG: “It was suggested that the one that was smaller might have been caused by one knife breaking”.
He says Mr Wilson disagreed and said he believed it was an entirely different blade.

13:19CHARLOTTE HADFIELD

Court breaks for lunch​

Justice Goose refers to the recovery of the Hyundai in Waring Avenue, St Helens, after it was spotted by PC Sam Ward on October 9.
He say PC Ward accepted the car was unusual in the area where it was parked. He said he was not aware of any reporting of the car being at that address.
Justice Goose says the jury heard evidence about the Hillsiders gang from PC Jack Farquhar, who confirmed that Jordan Thompson was a “significant member” of the group.
He suggests this is a good time to break for lunch before moving onto the interviews of Kallum Radford.
The jury are asked to return at 2pm.

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]

14:08JONATHAN HUMPHRIES

Judge back in court​

Justice Goose resumes his summing up

14:21CATHERINE MURPHY

Police interviews of each defendant​

Justice Goose turns to the police interviews of each defendant, starting with Kallum Radford.
He says Radford told police “two lads” asked him whether he knew somewhere to store a car. His solicitor read out a prepared statement.
“I use my mum’s address. I have a girlfriend who is pregnant and her pregnancy has not been easy. We are planning to move in together when we have had the baby.”
“Recently my father Michael Radforfd died in his home, I found him dead in his bed and it almost broke me”
The statement says Radford has no knowledge of the murder of Ashley Dale, or any plot to harm her or any firearm linked to the shooting. It also confirmed he knew nothing of Lee Harrison.
“The death of my father really upset when I found him, he had been dead a number of days.”
The statement says Radford had no knowledge of any phones involved in the case. It does confirm he knows of the Hyundai involved in the case.
Radford described the car approaching him on Derbyshire Hill Road and two lads asking him to store it as “someone wanted to smash it up”.
He said he asked his friend Abbie Jevens to store it on her drive because she was going on holiday for a week. He said he was passed £100 “by the lad” in the Hyundai. He gave Jevens £50 of it.
“I have heard nothing of the car since except Abbie saying the lad hadn’t been back from the car.”

14:35CATHERINE MURPHY

Radford says he “told the truth” in his last interview​

Justice Goose says Radford was told detectives suspected him of helping to hide evidence linked to the murder.
Radford says he did not know of any link. He said he did not know the “two scouse lads” in the car.
KR: “They said the car was gonna get smashed up and they offered me money for it, but they never came back”.
He says the two lads in the Hyundai kept hold of the keys after dropping it off.
He accepted he agreed to store a car for “two random lads” after being approached in the street.
The detectives asked if they referred to each other by name: “I’m sure one of them begins with Z, but I can’t remember.”
He says this was the passenger.
Radford said: “It was like Zest, or something like Zest.” Justice Goose says the jury have been told this is not evidence against Sean Zeisz, as he was not in the police interview to challenge Radford’s explanation.
The detectives tell Radford they have arrested four people on suspicion of murder and others for assisting.
Radford says he has never heard of Niall Barry or James Witham. He admits he has “heard of” Joseph Peers as he is friends with his older brother, Thomas Peers.
Radford said he “met Joe once or twice years ago”. He says he had not spoken to Joseph Peers for “a few weeks”. He said he last saw him at his mum’s in Roby.
Radford tells the officer he did not have Peers’s number in his phone.
Justice Goose says that is a summary of the first interview.
In the second interview Radford was asked about Abbie Jevens and his phone contact with Peers, including on August 4, and about a taxi booking from Redgate Drive to Woodlands Road on August 21.
Mr Justice Goose says Radford answered no comment to all questions in that interview.
The third interview, in January this year.
Radford says he “told the truth” in his last interview “but not who it was”.
The detective says Abbie Jevens told them he had asked her to store a vehicle. Radford tells them he needs to “change a few things”.
“Joe had come down, he parked the car on Redgate Drive, I said to him what’s happened, he would be like ‘just been a little crash or something;…I was like the car’s not robbed is it, he was like no it’s not robbed, you think I would do that to you?...I thought no he wouldn’t do that to me because I knew his brother you know what I mean?, but then I was like it can’t be here cos I can’t get my bike out.”
Radford said he told Peers he would ask his mate, and then rang Abbie Jevens. She agreed to allow the car to be stored there. He says the Hyundai was driven to her home and another car followed.
He says Peers told him “it would be gone in a week”.

Ashley Dale murder trial as it happens

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

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[Legally Bland]

14:43CATHERINE MURPHY

Radford "was scared" in his first interview​

Justice Goose said Radford described becoming concerned that the car was not being moved.
He said the reason he did not admit this in his first interview was “because I was scared. What if these people come and kill my family? These people are murderers.”
Radford described being filmed by a camera crew as he was arrested and taken into the police station. “They can do what they want to me but I’m scared for other people.”
Justice Goose reads: “I was thinking what if they’re coming to my sister’s home and killing my sister? These have killed a girl, what if they do the same to us?”
Radford said in this interview he had not actually hear Peers say Z or Zest when he asked to move the car. He said he had heard Peers say that name on previous occasions, and had been speculating in his previous interview.
“That was the only person I have seen him with because I don’t chill with them.”
The detectives pressed him on the point. Radford says he wasn’t actually there when the car got dropped off at Redgate Drive.
Justice Goose says he will move on to the summaries of the interviews with the other defendants.

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

 

[chimpface]

Lies, lies and more lies...

 

[ZigNic123]

I forgot about Ashley's phone showing she moved about 4 metres at 00.32. JW must have shot her as she was running away, there's no credible alternative.

I thought that too when it was first reported that Ashley had died. The fact that Ashley was found in the back yard and my knowledge of those types of houses.

 

[ZigNic123]

I forgot about Ashley's phone showing she moved about 4 metres at 00.32. JW must have shot her as she was running away, there's no credible alternative.

I thought that at the time when it was first reported that Ashley had died. The fact that she was found in the back yard and my knowledge of those types of houses.

 

[Alyce]

14:59Catherine Murphy

Jurors asked to look at the set of agreed facts​

Justice Goose asks the jurors to look at the set of agreed facts.

Joseph Peers “exercised his right to silence” in all his interviews.

Sean Zeisz was interviewed on August 30, 31 2022 and in February. He also remained silent.
He provided two prepared statements.
“I was not present at Leinster Road any time on Sunday August 20 or Monday August 21. I understand I have been arrested based on intel suggesting I was involved. I can confirm this is untrue…I am not involved in the matter.”
The second prepared statement said: “I have nothing to do with this offence and vehemently deny any involvement. I had no prior knowledge of the involvement of any others and I am disgusted by this offence”.
He describes visiting Chan’s fish and chip shop on Pilch Lane before going to the flat. He described smoking cannabis and watching the boxing. He described Peers and Witham leaving the flat, and calling Peers to ask him bring cigarettes.
He described Witham and Peers returning together, and says he then went to sleep.

Justice Goose says Niall Barry was interviewed on August 25 and 26 and on February 13. He exercised his right to silence but also provided a prepared statement.
“I did not kill Ashley Dale….at the time of the murder I was at a flat in Pilch Lane, I was with three friends; Sean, Michael and Ian. I stayed at the address all weekend and didn’t leave until the Monday.”
Barry confirmed his iPhone was in his bag when his arrested and explained he had been using his phone to watch the Anthony Joshua fight on the evening of the shooting.
He said he was “A million and 10 per cent” sure he was watching the boxing at the time of the shooting. He claimed the clothing he was arrested with was dirty washing he was passing to his girlfriend, Lucy Worley.
Barry told officers he wanted to “check with his mates” before naming them to corroborate his alibi.

Justice Goose: “Ian Fitzgibbon was arrested in Spain and extradited. Because of that the police had no power to require him to take part in an interview, as such he was never interviewed.”

James Witham was interviewed in September. He exercised his right to silence, although he did confirm his shoe size. On his way back to his cell he said he “had been set up, the car was Davo’s and he was being stitched up”.
“I am being set up it wasn’t my car, it was David McCaig’s, he crashed it the day before. You want to do more enquiries on that car”.
When asked about these comments in interview, Witham returned to answering no comment.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

​

 

[Alyce]

• 15:00
  

  Peers denied he had any issue with Lee Harrison or Ashley Dale​

  Justice Goose says on August 21, a taxi was booked for Redgate Drive to go to Woodlands Road, the home of Joseph Peers. It was booked in the name of Curtis Hopwood, the cousin of Kallum Radford.
• 
  He refers to the timings of the boxing fight between Joshua and Usyk. The first round commenced at 23.15 on August 20, and the fight concluded just after midnight on August 21. The result was announced at 00.09.
• 
  Justice Goose reminds the jury that Barry was convicted of conspiracy to possess a prohibited weapon, namely a Skorpion, between April and May 2020, with the actual conviction date being this year.
• 
  He said that is a summary of the prosecution case.
• 
  He turns to the case of Joseph Peers.
  JG: “He denied being involved in the murder of the deceased. He said he was at his parent’s house in Woodlands Road at the time of the shooting watching the boxing.”
  Peers denied he had any issue with Lee Harrison or 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

 

[Alyce]

15:11Abigail Nicholson

Peers knew Lee Harrison as a friend and “definitely not an enemy, no way”​

Justice Goose says Peers told the jury he knew Kallum Radford well. He had known Sean Zeisz since primary school, and he also knew Zeis’s girlfriend Olivia McDowell.

He said he was not as close to Niall Barry, but had spent more time with him at the Pilch Lane flat since the suicide of Rikki Warnick.

He had known Ian Fitzgibbon for years, but spent more time with him after Rikki’s death. He knew Lee Harrison as a friend and “definitely not an enemy, no way”.

He told the jury he thought Barry and Harrison were friends, and he did not know what a Hillsider was.

Peers said at Glastonbury he had not seen any of the defendants there. He travelled down but was unable to get hold of a ticket.
He was not aware of any incident at the festival. He went on holiday to Barcelona and Portugal with Zeisz in July.
During that trip, he says Zeisz never mentioned an incident at Glastonbury.

Peers described going to Rikki Warnick’s funeral and then the wake on August 10. He said he saw Lee Harrison at the funeral and said hello. He denied any tension at either event.

Peers accepted he travelled to Rhyl on August 19, just to get out of the house.

Peers said he returned to the Pilch Lane flat the followed day just before 3pm “just to chill”. He visited the Go Local on Pilch Lane with Ian Fitzgibbon, where he bought a phone top up for Niall Barry.
At 21.27, Zeisz arrived after he invited him to watch the boxing.
At 22.10, Peers says he left the flat because he had been there a long time, and wanted to go home. He said Witham offered him a lift home in the Hyundai. He said Witham instead drove to David McCaig’s house so he could ask him about the car crash the day before. From there they drove to Huyton House Road to buy hash.
At 22.20, the car drove onto Broad Green Road “but took a wrong turn” in Glen Road. He said he was “fuming” because he wanted to watch the boxing.
He got home at 23.10, where he changed into his pyjamas and watched the boxing with his dad, Thomas Peers.
At around 00.59, he called his girlfriend Phoebe Birch and then phoned Sean Zeisz.
At around 1am Witham knocked on his house and asked him if he wanted to go back to the flat. At 3.16, Peers left the flat and went back to Woodlands Road.

He had phone calls with Sean Zeisz later that day, and said there was nothing unusual. He said Witham came to his home around 10.30am that day and asked if there was anywhere he knew of to store the Hyundai as it had been in a crash and needed to be fixed.
Later that day he travelled to Redgate Drive and got a taxi back to his home. He and James Witham then travelled by taxi to the Mercure Hotel that evening.

On August 23, they checked out and he returned to Woodlands Road. Peers called Gary Finney, and arranged for Witham to travel to Scotland. He decided to go with Witham after he was offered money.

On August 28 and 29, Peers called Radford to discuss the car. He said he used Witham’s car on August 29 to cover costs for booking the hotels for Witham.

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