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

[Alyce]

15:21Abigail Nicholson

Peers "never questioned why Hyundai needed to be stored"​

Peers had further phone contact with Radford, and travelled to Scotland “but not to avoid the police.” He was arrested travelling back from Scotland on September 13 and was arrested.
He was released pending further investigation.

In cross examination, Peers said he knew of no dispute between Niall Barry and Lee Harrison.

He repeated that during their holiday in Spain and Portugal, Zeisz never mentioned his issues with Olivia McDowell or the incident at Glastonbury.
Peers said Zeisz never mentioned “Dusty bullying Rikki”. Peers denied being told of any planned attack by James Witham after they left the flat at 10.10pm on August 20.

Peers said he never questioned why the Hyundai needed to be stored. He also said he had no idea what Witham had done after the shooting.

Justice Goose says Peers was asked about Barry’s firearms conviction. He said he did not know about it, and said he had no knowledge of the ‘Kyle Line’.

Peers denied switching his phone off so he couldn’t be traced and that his phone was on Do Not Disturb after 23.10.

Peers was asked why he never mentioned visiting David McCaig’s flat or Huyton House Road in the Hyundai in his defence statement or in his police interviews. Peers said he “did not think it was important”.

JG: “Well Ladies and Gentlemen you may wish to think about that. This is after he has left the flat before the 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

 

[Alyce]

15:35Abigail Nicholson

Peers said CCTV footage from his home was lost when they temporarily had to move house​

Justice Goose says Peers denied any involvement in slashing Ashley Dale’s tyres, and said it was the “lowest of the low”.

Peers said CCTV footage from cameras at his parents’ house was lost when they temporarily had to move house.

Peers said he would not have used his own name to book hotels if he was involved in the shooting.

Justice Goose says Peers called his mum, Lesley McMahon to give evidence.
She told the jury Peers returned shortly after 11pm on August 20. She spoke to him when he brought her a cup of tea as she sat in her bedroom.
She heard someone tapping on the window, but could not see who it was. She shouted Peers to answer the door, this was some time after 1am.
Peers told her he was going out and he asked her for a pack of cigarettes. Peers then returned around 3am.
Ms McMahon said the CCTV footage was lost because a box became damaged while in storage.

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]

15:49Abigail Nicholson

Judge moves onto evidence of Peers' dad and Sean Zeisz​

Mr Justice Goose moves onto the evidence of Peers’s dad, Thomas McMahon.
Mr McMahon told the jury that his son returned home after 11pm, and they watched the boxing, although Peers had missed the first three rounds.
He said just after 1am the dog barked, and Peers went back out. He said there was nothing unusual in that.
He also described the CCTV footage had been damaged in storage.

The judge reminds the jury that Radford did not give evidence,
and turns to Sean Zeisz.
Zeisz told the jury about his relationship difficulties with Olivia McDowell. He said he knew Lee Harrison and Ashley Dale, and described her as a “lovely girl”.
He said that he and Olivia rowed over cheating in Glastonbury. In the festival, he said he was punched in the nose once. He said it was a man called ‘Wally’, and it related to a friend who owed Wally money.
On the Sunday he told Olivia he did not want to be with her. He later bumped into Wally and his friends, and they agreed to forget the incident.
He said that he was told Dusty had been seen with Olivia, but she denied there was anything in it.
He then flew to Spain and stayed on, travelling to Portugal. On July 22 he discovered that Rikki Warnick had killed himself. He told the jury he learned that Dusty had been bullying Rikki, calling him a grass on social media, which is why he believed he killed himself.
He then found out Olivia had been seen with Dusty and felt she was betraying Rikki.

Justice Goose says Zeisz accepted he was a drug dealer and had been for a while. He said he had been to Lee Harrison and Ashley’s house and had no issue with them.
He said Niall Barry owed him some money for drugs, which he had been chasing for some time. On August 20 he travelled to Pilch Lane to watch the boxing with the others.
Witham was drunk and loud, and was asked to leave by Barry. Peers then stood up and said he was going home to see his dad.
He remained in the flat and said he tried to call Peers at 23.10 to ask him to get cigarettes and to ask him to come back and watch the UFC fight later.
Zeisz said he decided to leave, but Barry told him to stay and they would sell some cannabis tomorrow and Barry would pay him back. Zeisz then fell asleep.

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]

16:00Abigail Nicholson

Zeisz denied Liv being seen with Dusty started "beef"​

Mr Justice Goose says Zeisz said he did not see Peers at Glastonbury.
Zeisz denied that Dusty had hit him at Glastonbury. After the festival he knew that Liv had been seen with Dusty but denied a beef had developed.
He said he had heard a rumour that Dusty had fired a gun near Rikki Warnick’s house.
Zeisz accepted that he blamed Dusty for Rikki’s death. However he said he was more angry with Olivia. He was asked about messages sent to Olivia and said he was angry because she was in a sexual relationship with Dusty.
Zeisz denied that this anger fuelled the motive for the shooting.
He denied that calls to Peers on the night of August 20 into 21 were to “check on the shooting” but were related to the boxing.

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]

16:28Abigail Nicholson

Barry told the jury he made his living selling drugs on Encrochat​

Justice Goose says Zeisz denied any involvement in moving the Hyundai after the shooting.
The jury also heard from Elle May Zeisz-Clarke, his cousin, who was at Glastonbury and said Zeisz had reported being punched once by Wally.
His mum, Angela Jones, also gave evidence. She said on the afternoon of August 21 he came to her home for a roast dinner, and they discussed an upcoming wedding in Ibiza.


Justice Goose moves on to the case of Niall Barry.
Barry told the jury he made his living selling drugs on Encrochat. His EncroChat handle was ‘BetterTrunk’, but he threw the phone away in 2021 when he found out it had been hacked by police.
Barry said he did discuss guns on the platform, but was “just trying to sound tough”. He said in April 2020 he did know where a Skorpion gun was being stored, but never possessed it.
He said he had been “young and stupid” and just wanted to sell guns on to make a profit. He said he was unable to get hold of an automatic gun for another EncroChat user and the discussions came to nothing.
Barry was asked about county lines drug dealing and the Kyle Line. He accepted he had used it a couple of times as a favour to a friend. He accepted he had been called ‘Kyle’ before.
He said he knew a woman called Cathy Doyle in Wales and supplied her with drugs. Barry said he knew Peers, Zeisz and Witham. He said he and Zeisz would sell drugs to each other, but Peers was not involved. He said he knew Fitzgibbon and they were closer after the death of Rikki Warnick.
Barry said back in 2018 he was good friends with Lee Harrison. Things changed when drugs worth around £30,000 were stolen from him while he was on holiday. He recovered some of the drugs, but he fell out with Lee Harrison because he was hanging around with some of the people who stole the drugs.
Barry said he cut his ties with Lee Harrison and stopped seeing him.
Barry said Witham and Harrison were not friends because Harrison had stolen drugs from a house during the lockdown period.

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]

16:29Abigail Nicholson

Barry changed phone number after "being pestered" by an ex girlfriend​

Justice Goose says Niall Barry spent August 20 cutting cannabis plants in the Pilch Lane flat.

Barry was asked about Glastonbury. He accepted saying he would “stab up” a group of people believed to be Hillsiders. He said he was “drunk” and didn’t mean it, and also did not have a knife in the festival.
He denied he made the threat specifically to Harrison.

Barry says he saw Harrison at the funeral of Rikki Warnick, they walked past each other and didn’t say anything.

Barry said he was not in control of the Audi before it was exchanged for the Hyundai.

On August 20, he was in the flat with the others, planning to watch the boxing.
He admitted changing his phone number on August 20, and said it was because he was “being pestered” by an ex girlfriend.
Barry said Witham was being “drunk and loud” that evening and was “doing his head in”. He asked him to leave.
Barry said he had been browsing the Liverpool ECHO website out of habit.
Later that morning he said Witham returned and in the early hours said he had “shot Saz’s house up”. He asked why and Witham told him Harrison had been trying to “mess his graft up”.
At 9.56 he realised that Ashley Dale had been killed after seeing an article on the ECHO website.

Later that morning he dropped cannabis off, and then travelled to Zeisz’s mum’s house and waited outside while Zeisz went in and had a roast dinner.

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]

16:31Abigail Nicholson

Barry denies being leader of OGC or commissioning Witham or Peers to carry out shooting​

Mr Justice Goose says Barry accepted contacting a man called Gus and making arrangements to leave the country.
He was arrested in Formby Hall with £10,000 cash.
In cross examination, Barry denied he was the leader of an organised crime group or commissioned Witham or Peers to carry out a shooting.
He denied pulling out a knife in Glastonbury or making a direct threat to Harrison, as described by Ian Fitzgibbon. He said Fitzgibbon was wrong.
Barry accepted the drugs had been stolen by Hillsiders in around 2019. He accepted the theft had made him “look weak and lose face”.
Barry said he travelled down to Glastonbury with Witham. He denied that a blue holdall bag that police found when he was arrested in Somerset was his bag.
Barry agreed that there were rumours Dusty had bullied Rikki Warnick before his death.

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]

16:41Abigail Nicholson

Fitzgibbon denied “stirring the pot” or making things worse between Niall Barry and the Hillsiders​

Mr Justice Goose says Barry was questioned about messages recovered from Ashley’s phone referring to him threatening Lee Harrison.
He said in calls to Harrison on July 26 he had threatened to “punch Harrison’s head in” if he continued to tell lies about him. He denied he threatened to go to Harrison and Ashley’s home in Leinster Road.


Justice Goose moves on to the evidence of Ian Fitzgibbon.
Fitzgibbon said he was a cannabis dealer who sold to friends. He had previous convictions for handling a stolen car and for cannabis, but has none for violence.
Fitzgibbon said he friends with Harrison. He referred to Glastonbury, and described Barry making the threat to “stab up” Lee Harrison.
Fitzgibbon said he told Harrison about the threat, who did not seem bothered.
Referring to August 20, he said he went to pick up James Witham after Witham text him asking if he could go and get some cannabis.
Fitzgibbon says he planned to spend the evening watching the boxing at the flat. At 22.10 Witham and Peers left and he thought they were going to Peers’s mother’s house.
He messaged Witham to ask if he was going back to the flat to watch the boxing.
He left the flat at 00.45 and was home by 1am. He told the jury he knew nothing about the shooting until his sister told him later that morning.
He says he spoke to Zeisz and Barry who told him they had been arguing with Witham all night because he had admitted shooting up Harrison’s house.
Fitzgibbon said he was scared about having been around Witham before the shooting. He described being scared, so asked for a planned flight to Dubai to be changed to August 23.
He says Barry told him everyone who had been in the flat “would get a knock on the door”.
Fitzgibbon was cross examined and denied “stirring the pot” or making things worse between Niall Barry and the Hillsiders.
Fitzgibbon agreed that Zeisz was a good friend “who he could rely on”. He said he knew Zeisz sold Class A drugs but did not know what type or in what quantity.
Fitzgibbon accepted he had once had an EncroChat phone but could not remember the handle.
He said he knew Barry and Harrison had fallen out over the theft of the drugs by the Hillsiders. He also admitted telling Harrison that Barry had been cheating him when they used to sell drugs together, before the fall-out.
Fitzgibbon said he was still able to be friendly to both sides.
He told the jury he was a close friend of Rikki Warnick. However he denied “moving firmly” onto the side of Niall Barry and Sean Zeisz against Lee Harrison and Jordan Thompson because he did not believe the bullying by Dusty caused Rikki to kill himself.
Fitzgibbon said he had heard a rumour Dusty had fired a gun near Rikki Warnick’s house and made a threat to Zeisz at a time when Fitzgibbon was in the house with Zeisz.
Fitzgibbon said contact with Witham and Peers after they left the flat on the evening of August 20 was “innocent”.
He was asked how him leaving for Dubai would protect his sisters and mother from reprisals. He said that Lee Harrison wanted to speak to him in Dubai.

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]

16:42Abigail Nicholson

Court concludes for the day​

Justice Goose says he will stop for the evening there.

He asks the jury to return at 10.30am tomorrow.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Dotta]

16:42Abigail Nicholson

Court concludes for the day​

Justice Goose says he will stop for the evening there.

He asks the jury to return at 10.30am tomorrow.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

Is it coming to an end????

 

[Legal]

Is this new info? I don't remember IF talking about meeting with LH in Dubai. Though it wouldn't surprise me - they all seem to chop and change who are friends and who aren't at the drop of a hat.


He was asked how him leaving for Dubai would protect his sisters and mother from reprisals. He said that Lee Harrison wanted to speak to him in Dubai

 

[Alyce]

Is this new info? I don't remember IF talking about meeting with LH in Dubai. Though it wouldn't surprise me - they all seem to chop and change who are friends and who aren't at the drop of a hat.


He was asked how him leaving for Dubai would protect his sisters and mother from reprisals. He said that Lee Harrison wanted to speak to him in Dubai

I dont remember that either - perhaps it wasnt reported

 

[Alyce]

Is it coming to an end????

Almost Dotta. Judge should be finished tomorrow ( let's hope ) and Jury out maybe in the afternoon ?

 

[Legal]

I dont remember that either - perhaps it wasnt reported

Obviously they don't have phones and have to communicate face to face!

 

[Alyce]

dbm

 

[Legally Bland]

10:23JONATHAN HUMPHRIES

Good morning​

We're back in Liverpool Crown Court in what is set to be day when the jury are sent to begin their deliberations in the trial of six men in connection with the death of Ashley Dale.
Trial judge Mr Justice Goose will complete his summing up this morning.
Crown Court Reporter Adam Everett and Crime Reporter Jonathan Humphries will be in courtroom 5:1 providing live coverage as proceedings continue.

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]

10:33Jonathan Humphries

Who is who in court​

Here is a reminder of who is who in the courtroom.

• Prosecution: Lead Counsel Paul Greaney KC, assisted by junior counsel Alex Langhorn and Holly Menary
• Defending Joseph Peers: Peter Wright KC, assisted by Christopher Stables
• Defending Sean Zeisz: Adam Davis KC, assisted by Tim Forte
• Defending Niall Barry: Stan Reiz KC, assisted by Katy Appleton
• Defending Ian Fitzgibbon: Professor John Cooper KC, assisted by Jamie Baxter
• Defending James Witham: Richard Pratt KC, assisted by Tom Watson
• Defending Kallum Radford: Stephen Swift assisted by Kyra Badman

The trial judge is Mr Justice Goose.

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]

10:39Jonathan Humphries

Evidence of James Witham​

Justice Goose: “I am to conclude my summary of the evidence by now turning to the evidence in James Witham’s case. He is 41 and told you he lived in the Huyton area in 2022. He told you about his previous convictions. He said none of these involved him in the use of any firearm. He accepted he was involved in the supply of class A drugs.
He dealt in Wales, Blackpool and Scotland. He worked alone.

“He has known JP (Joseph Peers) for about 10 years, knowing him well since Rikki Warnick’s death.
He does not know KR (Kallum Radford).
He has known SZ (Sean Zeisz) for about 10 years,
he has known NB (Niall Barry) for about 12 years but he does not work for NB.
He has only known IF (Ian Fitzgibbon) recently.
He knew Rikki Warnick, but not as a close friend.
“He has known (LH) Lee Harrison for about 10 years and was a friend until five years ago. He found out he had robbed his mates cannabis farm and tried to steal his graft, that is his drug dealing business. He tried to steal £30,000 from a man’s car. He said LH had been doing these things for about five years.

“The Audi car belonged to him and was later part exchanged for the Hyundai. He said he asked NB if he could sell the Audi for him. James Witham said he went to 267 Pilch Lane at about the time of Rikki’s funeral to see NB and DM (David McCaig). JP, SZ, and Michael Kershaw were also there. He went to chill there. He said he didn’t really know Rikki but saw the effect of his death on people.

“He told you he went to Glastonbury and the blue holdall belonged to him. The knife was there for fishing. He said he didn’t know of any incidence in which SZ was assaulted. He did not know about a knife threat by NB. he was told by someone in the flat about SZ having a fight at the festival.

“He knew of problems between LH and NB but thought it had all been nipped in the bud.”

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]

10:46Jonathan Humphries

Witham said he 'did not intend to harm anyone'​

Justice Goose says on July 16, James Witham stayed in a hotel with Niall Barry and Michael Kershaw in norwich
On July 26, he went on a trip to North Wales.
JG: “He said the Kyle Line was his. He also used other names including Pete. He went to Rhyl. He was asked why he called LH (Lee Harrison). he said one of LH’s mates came up to him in Rhyl and asked him to call LH. LH denied the bad things he’d done. He said he’d paid money to NB (Niall Barry). When he asked NB, he said LH was lying.

“He said he went to the wake for Rikki on August 10 to pay his respects. On Friday, August 19, he drove with DM (David McCaig), JP (Joseph Peers) and NB to North Wales. NB had his own drugs to cover. On the way back, someone crashed into the back of the Hyundai. overnight, DM sorted it out.

“On August 20, he woke up and called IF (Ian Fitzgibbon) to pick him up. He went to Walton to buy cannabis and then to Taskers to buy trainers for his nephew. He had no thoughts of going to Leinster Road that night.
“He said he was drinking all day and was a bit drunk. He returned to Pilch Lane by taxi.
Justice Goose says Witham described everyone “chilling in the flat” and said he wanted to buy cocaine. However, he was asked to leave.
He said he offered to “drive JP to his home”
JG: “He said he wanted to go to McCaig’s flat to talk to him about the Hyundai. He said IF’s text to him was just about him returning to the flat to watch the boxing. He replied to say he wasn’t. He said he was driving to find some cocaine.
“He said he was driving the car himself. He denied he and JP had separated. He said he didn’t JP off at his home until about 10 past 11. He had more cocaine and ketamine in the car. He read his Snapchat and saw a story about LH being in town. He felt belittled when he’d been told to leave the flat by NB. he drove the car to Leinster Road because he wanted to send a warning to LH.

Justice Goose recounts the evidence on how Witham found the gun.
JG: “He said he had only one knife and slashed all three tyres. This was a precaution to make sure no one was in the house.”

Witham then went to Stadt Moers Park to get the gun.
JG: “His friend explained where the gun was buried. He had a shovel in the car which he used to dig up the gun.
He returned to Leinster Road with the gun. He said he sat for a few minutes thinking what to do, looked through the windows and they were in darkness.
He went upstairs and fire the gun and lost control of it.
He ran downstairs, took two steps into the dining room and fired towards the wall and ceiling.
He said he’d worn a coat and balaclava.
He denied taking aim at the deceased or pursuing her.
He denied intending to kill or cause very serious harm.”
Justice Goose says Witham drove off and left the Hyundai car at his nan’s
He then walked to Peers’s house, and they returned to Pilch Lane together.

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]

10:51Jonathan Humphries

Witham and Peers go to Scotland​

Mr Justice Goose: “[James Witham] said he waited for JP (Joseph Peers) to leave. He hadn’t told him what he’d done.
He told NB (Niall Barry) he’d just shot Saz’s house up. NB started shouting at him. He left the flat at 4.20, went back to his home. He woke up at 10 in the morning and was told a girl had been shot.
“He drove to JP’s and asked if he knew where the car could be stored. He drove the car and parked it near Stadt Moers Park. he took his clothes and shoes together with the gun, put them in black bin bags and put them in a bin.”

Witham said he and Peers then drove to Redgate Drive in St Helens, and later the two went for a “swim and sauna” at the Mercure Hotel, but the facilities were not working.
JG: “He didn’t tell JP. he wanted to be with someone. The following day he took his son shopping. Later that day he went to Scotland with JP. he wanted to get out the way.”

Justice Goose says at they were returning from Scotland police were searching his home.
Witham said he did not speak to family about this. They then went back to the Mercure Hotel.
Both Witham and Peers were arrested in Cumbria after another trip to Scotland.

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