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

  • #301
10:31Jonathan Humphries

Good morning​

We're back in Liverpool Crown Court where the fourth week of the trial of six men in connection with the shooting of Ashley Dale is due to begin.

The prosecution closed its case on Friday morning, and then Joseph Peers became the first defendant to give evidence. He is due to return to the stand this morning where his barrister, Peter Wright, KC, will resume questioning his client.

Crown Court reporter Adam Everett and Crime Reporter Jonathan Humphries are back in courtroom 5:1 and will continue providing live coverage of the case.




 
  • #302
10:32Jonathan Humphries

Who is who​

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 Davies 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


 
  • #303
From this morning's testimony by Peers.



JP: “Erm that morning Witham come to mine in the morning just after half 10, 11 o’clock

JP: “The next day ( Monday August 22 ) when Witham come to ours, after he asked me could I find somewhere to store the car, before he even got to that he asked did I want to go for a steam and sauna.


PW: “At 19.52, half an hour or so after the booking has been made via Booking.com to stay at the Mercure,


I wonder why the hotel booking was decided in the morning, but no booking made until evening, after the car had been dropped in St Helens.

--------------------------------

JP: “I asked my dad, will he give me a lift. I don’t drive


Does he mean he cannot drive or that he chooses not to ?

-----------------------------------

JP: “When the car first got dropped off at Kallum’s, obviously Witham paid him to keep it there for a week.
We’d gone Scotland there and back. We stayed in a hotel. He’s gone back up to Scotland.
During this time, we’ve got a car that’s parked on Kallum’s path. It’s been moved to Abbie’s.



Did I miss the part in Kallum Redford's evidence where he said the car was parked at his house for a week ?





 
Last edited:
  • #304
10:37JONATHAN HUMPHRIES

Joseph Peers returns to witness stand​

Mr Justice Goose has taken his seat on the bench and we are ready to proceed.
Joseph Peers, wearing a grey short sleeved short and grey jeans, is escorted to the witness stand.
Justice Goose calls for the jury to be ushered into court.

10:46JONATHAN HUMPHRIES

Witham 'said nothing about shooting'​

Peter Wright, KC, representing Joseph Peers, rises to continue questioning his client and says: “We had reached the stage in your account of your return to the flat at 267 Pilch Lane.”
The jury are shown CCTV stills of him and Witham walking into the flat at 1.25am on August 21, just under an hour after the shooting.
PW: “I asked you on Friday about events inside Pilch Lane, as to the time you spent there and whether Mr Witham had said anything about what he had done earlier that evening in respect of the shooting. Your response was, on Friday, ‘he didn’t say anything about what he’d done in the flat whilst I was there’. Is that correct?”
JP: “Yes, that’s correct.”
PW: “We see on the CCTV image that at 16 minutes past 3 you exit Pilch Lane and work towards Page Moss Lane. Is that correct?”
JP: “That’s correct.”
PW: “Where were you headed at that time?”
JP: “I was heading home.”
PW: “You were walking home?”
JP: “Yeah.”
PW; “During the walk home, there are phone calls to the Barry Westall number. Do you recall what they were about?”
JP: “It was basically the result of the boxing.”
PW: “There are further calls. 3.42. 14 second calls to Barry Westall. Are they on the same topic?”
JP: “No no, just general chat.”
PW: “Did you go home in the early hours?”
JP: “Yeah I left and I went home, yeah.”
PW: “Did you remain there overnight?”
JP: “Yeah I remained at home overnight.”

10:59JONATHAN HUMPHRIES

'Witham asked me to store the car'​

Mr Wright continues: “I’m going to turn to events the next day. Your phone is in contact with the Westall phone that morning. Are you able to say what that was about?”
JP: “Erm, nothing specific no.”
PW: “Do you recall roughly the time you got up that morning? You’d been up until gone three o’clock in the morning?”
JP: “I was up about 10 o’clock in the morning.”
PW: “Looking at the use of that phone, later that day we see various calls after midday. You seeking to contact Mr Zeisz. There’s a two minute call to your girlfriend, then an attempt to call Niall Barry’s phone, then a call to Michael Kershaw. Was there anything that you recall from those phone calls or attempts?”
JP: “No no, nothing specific. They’re just general calls.”
PW: “There is a Zeisz call for 46 seconds at 12.40 that day. Anything unusual about the contact?”
JP: “There was nothing unusual. Sean told me can he catch up with me as soon as I can. He needs to catch up to me that day. I never got the chance to catch up with him that day.”
PW: “Later that day you go to the St Helens area?”
JP: “That’s correct yeah
PW: “We see two things. One is, the Hyundai goes to the St Helens area. We also see that your phone is inactive between 13.15 and 19.47. Was there anything significant about your phone being inactive during this period of time?”
JP: “No. I can’t recall speaking to anyone. I’m not sure whether I even had my phone on me until later on in the night.”
Peers is shown a map of a taxi journey from Redgate Drive in St Helens to Woodlands Road at around 3.30pm.
Mr Wright says: “At 15.32, a booking was made through Britannia Taxis by someone who didn’t give their name…. The fare was paid in cash, £28.70. Who took that taxi journey? Was that you?”
JP: “That was me yeah. I took the taxi home.”
Mr Wright says the number that made the booking was from a phone registered in the name of Curtis Hopwood.
PW: “Are you able to help up as to the circumstances how that phone was being used to book the taxi?”
JP: “Curtis was in the house at the time. I just asked him can he ring a taxi for me.”
PW: “What did you take part in that would take you from the Huyton and Roby area to St Helens?”
JP: “Erm that morning Witham come to mine in the morning just after half 10, 11 o’clock and asked me have I got a place to store a car? Obviously it was the one we were in the night before. On the 19th, we had a collision coming home from Wales. My only knowledge of that car was that car getting bumped into. I didn’t think nothing of it. I didn’t know what had gone on in the two hours after I’d left.”
PW: “We know from the evidence from Friday about North Wales and the bump with the car. When James Witham came to speak to you where?”
JP: “At the back of me mum’s he come just after half 10, 11 o clock. Basically, can I get a gaffe to park the car for a week.”
PW: “Did he explain why?”
JP: “Cos of the car crash we were in Friday. He wanted to get the car fixed. He asked me can I find a gaffe to store it. I did, I asked my mate. Kallum.”
PW: “Why did you tell him? Did you contact him in advance?”
JP: “I contacted him on the phone and said.”
PW: “What was his response?”
JP: “He never really had a response to be honest.”
PW: “Did he agree to it?”
JP: “He agreed to it. Obviously he said to me, is the car legit. It had been in a car crash and it needs fixing.”
PW: “How did the car get to him in St Helens?”
JP: “After seeing James in the morning, I’ve spoke to Radford earlier on. From him coming to me, I was actually already going to St Helens that afternoon, with me father, to see one of his friends. That was about half 2, 3 o’clock. Witham was asking me can I get somewhere to store the car. I ended up getting to Redgate Drive. I give [Witham] the address and I met him there at about 3 o’clock in the afternoon. We parked the car on the path and got the taxi home, me and James.”
Justice Goose asks him to clarify the journey.
JP: “I went to St Helens with my dad about two, three o’clock. I gave Witham the Redgate Drive address, and I met him there about 3 o’clock. He parked the car home and we got a taxi back.”

 
  • #305
11:05KEY EVENT

Peers: 'I booked Mercure Hotel to go for a steam and a sauna'​

Mr Wright says there are then two short calls from Radford to Peers
PW: “Were you aware he was trying to get in touch with you?”
JP: “Probably, from speaking to him earlier on.”
Mr Wright says Peers’ phone was “inactive” at this time.
He asks about the booking made for the Mercure Hotel in St Helens.
PW: “This is the same evening. Sunday the 21st. This is a booking made by you at the Mercure Hotel in St Helens for a two night stay. Is that correct?”
JP: “Yeah that’s correct.”
PW: “For two adults. Why did you make that booking?”
JP: “The next day when Witham come to ours, after he asked me could I find somewhere to store the car, before he even got to that he asked did I want to go for a steam and sauna. The Mercure hotel is actually a local gym where I go for a swim, steam and sauna. I use it quite regularly to be honest. When we got there, the facilities was closed down for maintenance.”
PW: “I asked why you made the booking. You made the booking for that reason. This is a booking made in your name?”
JP: “Yeah.”
PW: “Using your credit card?”
JP: “My credit card and me phone number.”
PW: “Made through Booking.com, through the internet?”
JP: “That’s right yeah.”
PW: “Was there any attempt to conceal your identity?”
JP: “Definitely not, no.”
PW; “The booking is made in your name, the contact number of your phone.”
JP: “That’s right yeah.”
PW: “We see that buy 8 clock that evening you are in the Go Local, having arrived in a taxi.”
The jury is shown CCTV of Peers inside the shop.
Mr Wright says a taxi was taken from Woodlands Road, via the Go Local store, to the Mercure Hotel.
PW: “At 19.52, half an hour or so after the booking has been made via Booking.com to stay at the Mercure, a booking was made through Britannia Taxis by someone who didn’t give their name. There’s no issue that number is your mum’s phone number?”
JP; “That’s right, yeah.”
PW: “Is there any particular reason the call was made using your mum’s number?”
JP: “There’s no particular reason, no.”
PW: “That journey describes how you were picked up on the corner of Woodfield Road, near to 42 Woodlands Road. Is there anything significant about you being picked up on the street?”
JP: “No, all the houses are all quite close together.”

11:13JONATHAN HUMPHRIES

Peers 'made no effort to hide identity'​

Peers adds of the taxi booking: “On the bend there, it’s always quite busy with traffic. You’re better to not move up in a sense. It’s a bend where people park their cars on the front.”
Mr Wright shows him a map of his phone’s movements over to St Helens.
He says during this journey, Peers made five calls to Barry Westall’s phone.
One of these connected.
Peers says of these calls: “I get hash off him sometimes.”
Shown CCTV of him and Witham at Mercure
PW: “Was there any effort by you to conceal your identity?”
JP: “No. No effort. Obviously you can see me checking into hotels, booking taxis and going in to local shops by my mother’s house.”
PW: “Was there any reason for you to be hiding or lying low?”
JP: “No reason. I wouldn’t have come out of the house if that was the case.”
Mr Wright asks if there was any reason for him to be lying low at the hotel.
JP: “No. It’s a shame the facilities were actually shut.”
PW: “Later, did you exit the hotel together with Mr Witham. It’s the next day. The following day, did you exit the hotel with Mr Witham?”
JP: “Yeah I did.”
PW: “We see you enter a white van, a Ford Transit motor vehicle.”
JP; “Yeah, that’s correct.”
PW: “What was the purpose of getting into the van?”
JP: “No purpose, I think I was going to get food or something from the KFC.”
Peers says “me dad” was driving the van, his father having already been in the St Helens area.
JP: “I’d spoke to him and said will you take me the shop, KFC I think it was, before he went home.”
PW: “Later, did you return?”
JP: “Yeah I returned.”
PW: “You appear to be carrying items.”
JP: “Food.”
PW: “Did you then remain in the hotel?”
JP: “Yeah, I don’t think I come back out after that.”
Mr Wright says Radford messaged Peers shortly after 10.30pm.
JP: “He’s probably just texting me, seeing what I’m up to.”
PW; “The following day, we see you checking out together?”
JP: “Yeah we checked out.”
PW: “You appear to be collected by a taxi. At 11.02 that day, you, using your phone, book a taxi. Again with Britannia taxis, from the Mercure Hotel back to Huyton.”
JP: “Yeah I remember that.”
PW: “You were dropped off together on Woodlands Road.”
JP: “Yeah.”
PW: “Did you go home at that time?”
JP: “Yeah i went home to my mum’s.”
PW: “Did you then part company with Mr Witham.”
JP: “Yeah, I did.”
PW: “He then is making a purchase of some footwear. Did you make a purchase of footwear that day?”
JP: “No.”
PW: “Did you make any attempt to acquire additional clothing or footwear after the incident that had taken place at Leinster Road involving Ashley Dale and the shooting?”
PW: “No. I didn’t need to replace none of my clothing.”


11:18JONATHAN HUMPHRIES

'Witham asked me to take him to Scotland, he didn't explain why'​

Mr Wright continues: “Later that day, there appeared to be a number of calls between your phone to a phone linked to an individual called Gary Finney and that Finney number back to you. What was the purpose?”
JP: “Witham asked me to see if I could get him a lift up the road.”
PW: “Up the road?”
JP: “Up to Scotland, and he’ll pay me.”
PW: “Did he explain why?”
JP: “No he never explained why.”
PW: “Did you have any reason to suspect what that may be about?”
JP; “Not really no. From the next day, from booking a hotel in my own name and actually being with Witham, from the hotel itself we wa”s actually going the gym for a swim, steam and sauna. It turned into me booking a hotel for him. I would have just stayed in my mum’s or stayed local by me if it wasn’t for Witham coming the next day with the car. I probably wouldn't have been in st helens booking hotels or anything like that.”
PW: “We can see that there’s a journey from Liverpool to Scotland.”
JP: “That’s right.”
Mr Wright says this was in Mr Finney’s vehicle.
PW: “We see the movement of both your phone and the Witham phone.”
JP: “Yeah, that’s right.”
PW: “It would appear the Witham phone by now is a new number.”
JP: “Yeah.”
PW: “Had you changed your phone?”
JP: “I hadn’t.”
PW: “You took your phone with you. Any attempt to conceal your trip to Scotland?”
JP: “No.”
PW: “Any reason why you were accompanying Mr Witham to Scotland?”
JP: “He says he was going up the road to pick money and if I come with me he’d give me a bevvy. After sorting the lift he paid me and paid the driver.”
PW: “Did you remain in Scotland or return with Mr Finney?”
JP; “I remained in Scotland and was brought home by my uncle Tony. I stayed in my uncle’s.”
PW: “What about Witham?”
JP: “I’m not too sure where he went. My uncle lives in Torry in Aberdeen. We got dropped out outside the Tesco. Witham carried on into the city centre. All he said was someone owed him money in Scotland.”
PW: “What were you planning to do at your uncle’s?”
JP: “Catch up. I go up to Scotland regularly. I’ve got cousins up there. My uncle lived there 37 years. There’s nothing out of the ordinary. I didn’t know what Witham would be up to in Aberdeen.”

 
  • #306
11:31JONATHAN HUMPHRIES

Peers: 'Witham never told me about search warrant'​

Mr Wright says there is then an attempted booking for the Village Hotel in Whiston
PW: “At 10.02, Mr Witham attempted to book a double room at the Village Hotel in Whiston. That booking, that was made in James Witham’s name, had the contact number of your phone.”
Peers replies: “We stayed in the Mercure the first time. He paid me to book a room. We were only going for a swim and sauna and ended up staying there. I can’t say why.”
PW: “The charge for the room was using a Visa card, the payment was declined and the booking was cancelled. He didn’t attempt to rebook the room and didn’t attend. That was in the morning, in the afternoon there appears to be travel south from Scotland. This is in an Audi Q7. Is that an Audi you're familiar with?”
JP: “That’s me uncle’s car. That’s the lift back home I was on about before.”
PW: “Did you and Mr Witham travel together back to Merseyside?”
JP: “We did yeah.”
PW: “How did that come about?”
JP: “When we got there, he said he was only gonna be a day. He needs to fly about and pick some money up. I stayed with my uncle. The next day, he made contact with me after he’d been to do what he was doing. We come home the next day, or the day after.”
PW: “Your uncle was driving?”
JP: “Yeah.”
PW: “We know on the later occasion, your uncle’s Audi was stopped on the motorway and you were arrested. This is on September 13. You were the front passenger seat. “
JP: “That’s right yeah.”
PW: “Mr Witham was in the rear of the vehicle. I’m going to ask you about the journey on August 26, the earlier occasion. When you travelled back down to Merseyside with Mr Witham in your uncle’s car, would you have been seated in the front seat or the back with Mr Witham?”
JP: “I’d have been in the front.”
PW; “Let us turn to events that appear to have taken place during the course of that journey. We can see a number of cell sites being used by the phone as they go south. Just as that Audi with you both in it was arriving back in the Merseyside area, we know that at 17.15 there was a search warrant executed at 68 Ashbury Road in Huyton, an address linked to Mr Witham. Then there are telephone calls at 17.19, then a message. Were you aware of any messages being received by mr w or him being in communication with Julie Witham, his sister?
JP: “No. I was unaware.”
PW: “Were you aware of any search warrant being executed at 68 Ashbury Road?”
JP: “No and even if they was one I doubt he would have told me anyway. He probably would have kept it to himself.”
Mr Wright says there are then a number of attempted phone calls from Witham to his sister and his dad.
PW: “Your phone is used twice to contact your mum’s number.”
JP: “I’m going to be half an hour away. To let her know I’d be half an hour away. If I go somewhere, I always call my mum when I’m on me way home. I must have only got through once.”
Mr Wright says: “You got back to Merseyside. It doesn’t appear you stayed that evening at your family home in Woodlands?”
JP: “No.”
PW: “At 19.47, there’s another booking being made. Again at the Mercure in St Helens. That’s for two rooms. The bookings being made in your name, using your details”
JP: “Yeah.”
PW: “Why was there a booking being made again at the Mercure?”
JP: “When we first stayed in the hotel from the 1st to the 23rd, I was originally making plans to stay with the girl I was seeing at the time in the hotel. I ended up staying with Witham instead of making that reservation with her. When I’ve been to Scotland and come back down, I asked did she want to stay in a hotel. I thought I was going to be alone this time. Witham asked me can he use my phone to book a hotel, so I did.”
PW: “You booked two rooms for that single night. We see that, having returned to the Merseyside area in your uncle’s Audi Q7, by 21.34 you’re arriving at the Mercure. It appears to be in a vehicle, the white Transit. That’s your father’s vehicle.”
JP: “Yeah.
PW: “Can you remember what happened after you got back to Merseyside and how you are now in your father’s Transit going to the Mercure?”
JP: “I asked my dad, will he give me a lift. I don’t drive. He dropped me off in St Helens at the hotel. I asked him for a lift and he give me one.
Mr Wright says there are then a series of calls from Phoebe Birch, the woman he was seeing at the time, to Peers before she arrives at the hotel.
PW: “Did she and you stay that night at the hotel?”
JP: “We did yeah.”
PW: “The following morning, do we see you checking out?”
JP: “Yeah.”
PW: “The three of you. And then leaving in a taxi?”
JP: “Yeah. We got one taxi back to the Huyton area. I dropped Phoebe off. I dropped Witham off on Pilch Lane and carried on home meself.”
Mr Wright says the booking was in Peers’ name, and the taxi went to Woodfield Road.
PW: “Any attempt by you to conceal your identity or movements at this time?”
JP: “No, there isn’t.”

11:42JONATHAN HUMPHRIES

Peers 'withdraws £650'​

Mr Wright asks: “We then see Mr Witham’s phone making a reverse trip to Scotland. But you or your phone in not. After you got back to your home address, did you stay there?”
Peers replies: “Yeah I stayed at home. The first time I went up with Witham, originally he said ‘come lad. I’m only going to pick money up’. Basically I got him a lift to go up there. I had no other reason to go back up to Scotland. I got him a lift, we come back. He’s gone back up again in me uncle’s car. I can’t say why.”
PW: “When your uncle, Tony, has given you the lift south to your home address what had he then done?”
JP: “Probably would have a pint back home, got a proper chippy. He hates the chippies in scotland.”
PW: “Did he stay any length of time at your mum’s address?”
JP: “No. I think he went straight back up the road.”
PW: “It appears that his vehicle transports Mr Witham back to Scotland. You had come back down to Merseyside with your uncle and Witham.”
JP: “That’s right.”
PW: “Having got back to Merseyside you and Witham went in a van, your father’s van, later that evening to St Helens and stayed at the Mercure. Do you know where your uncle stayed that night?”
JP: “I couldn’t say. If he comes down he’d probably stay in his mate’s around the corner or in me mum’s.”
Peers says his uncle was at his mum’s house when he went home the following day.
PW: “Did you accompany them or stay in Merseyside?”
JP: “I stayed in Merseyside.”
Mr Wright says there was then a search warrant executed at Zeisz’s home at 10pm.
He was not present at the time.
PW: “The following day, Sunday the 28th, there are a series of attempts to contact you from Kallum Radford. Were you aware of any police interest in Sean Zeisz at this time?”
JP: “No.”
PW: “Were you given any notification there’d been any search of his home by police officers. The execution of a search warrant looking for him?”
JP: “No.”
PW: “Were you aware the police were looking for (Witham)?”
JP: “No. Otherwise I wouldn’t have went up the road.”
PW: “Were you aware the police were looking for you?”
JP: “I wasn’t.”
PW: “Was there any reason for the police to be looking for you?”
JP: “No, not that I know of.”
Mr Wright turns to events after Peers’ return from Scotland and the Mercure.
PW: “Where did you stay? Did you stay at home or go anywhere else?”
JP: “I probably stayed at home.”
PW: “Were you aware Kallum Radford was seeking to contact you?”
JP: “I was.”
PW: “There is a connection between the Kallum Radford phone and you. What was that about?”
JP: “When the car first got dropped off at Kallum’s, obviously Witham paid him to keep it there for a week. We’d gone Scotland there and back. We stayed in a hotel. He’s gone back up to Scotland. During this time, we’ve got a car that’s parked on Kallum’s path. It’s been moved to Abbie’s. I’m stuck in a position here. Witham changed his number and went back up the road. It’s not my car. It’s been left there for more than the agreed time i paid him for. He wanted it moving. I’d have to physically travel up to Scotland to get in contact with him.”
Mr Wright turns to August 29.
PW: “That afternoon, two things happen. The first is your phone is again in contact with the Radford phone. What was the purpose of the call?”
JP: “Probably to say what’s going on with this car.”
PW: “Then, that evening, you are in the Post Office on Childwall Lane. You appear to be using Witham’s bank card.”
JP: “Yeah he left his bank card when he went up the road. He was gonna pay me for getting a lift and booking the hotels. I booked them in my own name, my own card. There was no arrangement.”
PW: “Who paid the hotel bills?”
JP: “I did, obviously.”
PW: “In total, there’s 650 pounds being withdrawn.”
JP: “Yeah.”
PW: “That’s the reason for those payments.”
JP: “Yeah, and for the lift.”

11:49JONATHAN HUMPHRIES

Peers 'made no effort to lie low or hide from police'​

Mr Wright says: “Let’s go to the next event, there’s a search warrant executed at the flat [267 Pilch Lane] Were you aware of the police executing a warrant at that arrest?”
Peers replies: “I was aware yeah, I live in Pilch Lane. You could see the shops taped off for weeks.”
PW: “Did you have anything to fear?”
JP: “No I never.”
PW: “This takes place on August 29, the same day you’re withdrawing the cash at the Post Office. That evening, where do you stay? Did you stay at home?”
JP: “I stayed in me mum’s.”
PW: “Had you any reason to lie low or go into hiding?”
JP: “No.”
PW: “We’re not into the following Tuesday, the 30th. You again are making a booking. This time, the Mercure Hotel in Aberdeen. You’re using your own name.”
JP: “Me on name yeah. Me own number.”
PW: “There appear to be two rooms being booked.”
JP: “Where does it say two rooms on that?”
PW: “Forgive me, it’s a single room for three nights being booked. Number of persons, two adults.”
Mr Wright says Peers checked in 12.54
PW: “You’re in Merseyside at this time?”
JP: “Yeah.”
PW: “Who was in checking in at 12.54?”
JP: “It was James.”
PW: “How is it that your booking a room, a single room for him, at the Mercure in Aberdeen?”
JP: “He asked me to book him a room while he was up the road. I didn’t know what he was going back up to Scotland for. I know he stays in hotels. If you look at the 29th to the 31st, that’s one of the hotels he’s paid me for to book in me own name.”
PW: “The £263 charge was paid in cash. The room was checked out just before midday on the 2nd. That’s Witham staying in Aberdeen. We see Sean Zeisz is arrested as he attends the custody office with his solicitor. Were you aware the police wanted to speak to Sean Zeisz?”
JP: “No I wasn’t aware no.”
PW: “That evening, there are further calls. You to the Radford number. The cell siting of your phone is in L14. You are in the Liverpool area at that time.”
JP: “Yeah.”
PW: “We see at 15.04, the last recorded event for your phone and the first recorded event for a new number. There’s a change of phone number by you. Can you help us with that change in phone number?”
JP: “I updated the handset and me number as the phone needed updating.”
PW: “Did you make any attempt to conceal your identity as far as acquiring that phone was concerned?”
JP: “No.”
Peers confirms that his Apple ID and email address were connected to the new phone.
PW: “Had the police been to your address at all by this time?” The answer is no. Mr Wright asks: “Was there anything provoking you into changing your phone number at that time?”
JP: “No there wasn’t.”
PW: “Were you making any attempt to conceal your identity, whereabouts or movement over all this period of time?”
JP: “No.”
Justice Goose calls for a break, with the jury asked to return at 12.20pm.

12:33JONATHAN HUMPHRIES

'Person of interest'​

Mr Wright rises and continues questioning Joseph Peers.
PW: “We had reached the 4th to the 5th of September. That day, on the 4th, there are calls of varying lengths. All of them relatively short. But, between your mobile and the Kallum Radford number. What were they about?”
JP: “Erm. Basically just about the car and normal conversation. That’s all.”
PW: “Then we see, that day, the 4th, there is a Kia Sportage registered to a Scott Lunan travelling from Liverpool to Scotland.”
Peers’ phone is seen cell siting alongside the vehicle.
PW: “Can you help us what was happening there?”
JP: “Shannon Lunan is a close family friend to me. She was down in Liverpool with our Tony already going back up the road. Shannon popped into my mum’s. She happened to take me back up the road. Me, her and the baby.”
PW: “Why were you travelling to Scotland again?”
JP: “As you can see, the phone calls to Kallum Radford. He was under stress. He’s got a car parked on his friend’s path that’s nothing to do with him. It’s a domino effect. That’s led me to go back up to Scotland.
PW: “What is the purpose of going back to Scotland?”
JP: “To speak to the owner of the car basically and get it all resolved.”
PW: “You arrive in the early hours.”
JP: “Yeah.”
PW: “Where did you stay?”
JP: “I stayed with Shannon and the baby.”
PW: “Later that day we see there was a search warrant executed at your home address?”
JP: “That was the day after weren’t it”
PW: “That was during the day that follows.”
Mr Wright refers to an agreed fact which states: “The police have not carried out any search of 28 Woodlands Road in the course of this investigation, save for on the 5th of September when they were only lawfully permitted to search for Joseph Peers.”
PW: “That event takes place on September 5. The next events appear to be those on September 12 and 13. What happened in the intervening period, in between times. First, were you aware the police had been looking for you?”
JP: “No. I wasn’t aware.”
PW: “Had anyone told you the police were looking for you?”
JP: “No.”
PW: “Did you stay in Scotland during the period from the 5th of September?”
JP: “I did. I stayed in Scotland until the day I was arrested.”
PW: “During that period of time, where were you staying?”
JP: “Between Shannon’s and my uncle Tony’s.”
PW: “We’re now to the 12th and 13th of September and the events that take place at that time. During the time you were in scotland, what was your purpose of being in Scotland?”
JP: “From the phone calls to Kallum and going up to see my uncle, I’d been up there. I’d come back down then Witham’s gone back up. I’m getting stress off Kallum about the car. Witham had changed his number. It was between sorting the car out and seeing my uncle.”
PW: “You may be asked as to any motive for being in Scotland and not in Merseyside. Was there any underlying reason you may go to Scotland at this time?”
JP: “No no there’s no reason. Obviously i’ve left on the 4th. Police never knocked at my house on the 5th. They knocked as a person of interest. They never searched it. They never seized anything.”

12:38JONATHAN HUMPHRIES

Peers "knew nothing of Witham's involvement" until arrest​

Mr Wright moves onto September 12.
PW: “Further calls on the 12th. One of them two minutes, one of them 34 seconds. Involving you contacting Kallum Radford. What was the purpose?”
Peers replies: “I’m coming home, I’ll see you when I’m back.”
PW: “Had you decided to come home?”
JP: “Yeah.”
PW: “You were travelling south in your uncle’s Audi when you were stopped by the police and arrested. You were with James Witham. Can you help us how it came to be you were together?”
JP: “Witham asked me for a lift back home. My uncle was the driver. He’s come home with us.”
PW: “When the police came to speak to you, we’ve viewed the video. You gave your correct details.”
JP: “Yes.”
PW: “You had your phone with you?”
JP: “I did.”
PW; “And you at that stage were arrested. When told you were being arrested on suspicion of murder had you any reason to suspect what this was about?”
JP: “Erm. no. I never.”
PW: “Had Witham ever said anything to you about what he’s done?”
JP: “That’s the most baffling part of it.”
PW: “Had he said anything?”
JP: “Hadn’t said nothing. He’s let me book hotels in my own name. He’s let me store the car for him. I’ve got all these Kallum phone calls I’m having to sort out on his behalf.”
PW: “He’d given you no indication of his being involved at all?”
JP: “No he give me no indication.”
Mr Wright asks about James Witham giving false details to a police officer when he was arrested.
JP: “That was when I had me suspicions. I’ve seen it in the light. He’s give a false name. I’ve booked all hotels in me own name. I’ve been with him after this. I just thought, why are you doing that?”
PW: “The police found 500 pounds in your trouser pocket.”
JP: “That was off Witham.”
PW: “Was that in respect of monies you had previously drawn out?”
JP: “It was.”

12:38JONATHAN HUMPHRIES

Peers "knew nothing of Witham's involvement" until arrest​

Mr Wright moves onto September 12.
PW: “Further calls on the 12th. One of them two minutes, one of them 34 seconds. Involving you contacting Kallum Radford. What was the purpose?”
Peers replies: “I’m coming home, I’ll see you when I’m back.”
PW: “Had you decided to come home?”
JP: “Yeah.”
PW: “You were travelling south in your uncle’s Audi when you were stopped by the police and arrested. You were with James Witham. Can you help us how it came to be you were together?”
JP: “Witham asked me for a lift back home. My uncle was the driver. He’s come home with us.”
PW: “When the police came to speak to you, we’ve viewed the video. You gave your correct details.”
JP: “Yes.”
PW: “You had your phone with you?”
JP: “I did.”
PW; “And you at that stage were arrested. When told you were being arrested on suspicion of murder had you any reason to suspect what this was about?”
JP: “Erm. no. I never.”
PW: “Had Witham ever said anything to you about what he’s done?”
JP: “That’s the most baffling part of it.”
PW: “Had he said anything?”
JP: “Hadn’t said nothing. He’s let me book hotels in my own name. He’s let me store the car for him. I’ve got all these Kallum phone calls I’m having to sort out on his behalf.”
PW: “He’d given you no indication of his being involved at all?”
JP: “No he give me no indication.”
Mr Wright asks about James Witham giving false details to a police officer when he was arrested.
JP: “That was when I had me suspicions. I’ve seen it in the light. He’s give a false name. I’ve booked all hotels in me own name. I’ve been with him after this. I just thought, why are you doing that?”
PW: “The police found 500 pounds in your trouser pocket.”
JP: “That was off Witham.”
PW: “Was that in respect of monies you had previously drawn out?”
JP: “It was.”

 
  • #307
12:54JONATHAN HUMPHRIES

Moving the car​

Peers will now be questioned by Steven Swift, representing Kallum Radford.
Mr Swift asks: “He knew your brother well. Also got to know your mum?”
JP: “That’s correct yeah.”
SS: “Then you got to know him through that contact?”
JP: “Yeah.”
SS: “When the Hyundai is taken to Redgate Drive on the afternoon of August 21, you must have attended there some time around 3, 3.30?”
JP: “3 o’clockish yeah.”
SS: “We know the time you travelled back by taxi. When the Hyundai was dropped off, is it correct that there was only Curtis Hopkins at the address at that time?”
JP: “That’s right.”
SS: “Curtis Hopwood is Kallum Radford’s cousin. A phone call is made to a taxi firm using Mr Hopwood’s phone. Did you make that phone call for you and Kallum Radford isn’t there?”
JP: “That’s right.”
SS: “It’s also correct there hadn’t been any pre arrangement with Mr Radford prior to that car being dropped off?”
JP: “No.”
SS: “The car was left there and there was some contact between you two in the days that followed?”
JP: “Yeah.”
SS: “The car was dropped off. There’s some calls later the same day that don’t appear to have been answered. Your telephone was off?”
JP: “Yes.”
SS: “Is it correct that you only explained to Mr Radford why the car needs to be there after it’s been dropped off. You’re nodding your head.”
JP: “Yes.”
SS: “It’s only after it’s been dropped off that you explain it had been in a crash?”
JP: “That’s correct yeah.”
SS: “You just told us that the vehicle is moved off the drive. Is it on the drive at Redgare?”
JP: “It was on the drive yeah.”
SS: “To Waring Avenue, where the police eventually recovered it. It’s moved from Redgate Drive to Waring Avenue. You moved it but Mr Radford was in the car with you?”
JP:“ Yeah.”
SS: “It’s a very short distance.”
JP: “Yeah.”
SS: “Did Mr Radford tell you so far as it being parked on Redgate Drive, he couldn’t get his bike out because of the positioning of the vehicle and there was difficulty getting to the rear.”
JP: “That’s correct, that’s why it ended up getting moved I think.”
SS: “It’s moved within a few days?”
JP: “Yeah. On the 21st, I met Witham at Redgate. When it got moved to Abbie’s that’s when I drove it with Kallum.”
SS: “Within a few days.”
JP: “It’s the 26th or the 29th.”
SS: “Could it have been earlier?”
JP: “I don’t think it could have.”
SS: “Is your memory clear as to when that was moved? Could it have been the 25th, 24th.”
JP: “It could have been the 25th or the 24th yeah. There’s messages to Abbie from her dad saying ‘who’s dumped the car on your path’. I think that’s after the 25th.”
SS: “I think the messages are on the 25th of August.”
The jury are shown a series of Snapchat messages.
JP: “Is that the message you’re referring to, Mark Wicks? ‘Who’s the car on your drive?’ It looks like by the 25th, the car’s there.”
SS: “Yeah.”
That concludes Mr Swift’s questioning.

 
  • #308
13:13JONATHAN HUMPHRIES

Witham 'drunk and rowdy' in hours before shooting​

Next to question Joseph Peers is Stanley Reiz, KC, who is representing Niall Barry.
Peers is shown a series of phone calls between him on Witham on August 20
SR: “At 11.16, you sent a text to James Witham. Thereafter he rings you for one minute and 30 seconds. You call him for one minute and 52 seconds. During that time, you were in the flat at Pilch Lane or thereabouts? Your evidence was you spent pretty much the whole day at the flat?”
JP: “What date’s that? The 20th? I was pretty much at Pilch Lane yeah.”
SR: “Did he tell you his plan was to go to Goodison Park to watch Everton play?”
JP: “I think he mentioned going to the match like. I couldn’t tell you for sure.”
SR: “He was planning on being elsewhere in the afternoon of the 20th?”
JP: “Yeah.”
SR: “Mr Witham used his bank card at Goodison Park at 14.37, making a catering purchase for £10.50. Then 10 minutes later another purchase in the amount of £10. You did know Mr Witham was at Goodison Park with Michael Kershaw?”
JP: “I did.”
SR: “The match appears to have been a 3 o'clock kick off. The time is 19.17. Mr Witham and Mr Kershaw are getting out of a taxi on Pilch Lane?”
JP: “I can see yea.”
SR: “You were in the flat weren’t you?”
JP: “I was yes.”
SR: “Mr Kershaw and Mr Witham are about to enter the flat. In the flat, you saw Mr Witham face to face.”
JP: “I did.”
SR: “He wasn’t drunk, but you could tell he’d had a few drinks at the match?”
JP: “Yeah.”
SR: “The plan was to watch the boxing in the flat. Lads who were going to watch the sporting event together. You needed supplies, which is why you go to the shop. Mr Witham, Mr Fitzgibbon and you leave the flat?”
JP: “That’s right.”
SR: “The purpose of that was to go to the shop to buy alcohol and other items?”
JP: “Yeah.”
SR: “That’s because Mr Witham amongst others wanted to drink that night?”
JP: “Yeah.”
SR: “Were you planning on drink alcohol that night?”
JP: “I was.”
SR: “The three of you, Mr Fitzgibbon, yourself and Mr Witham, got into the Hyundai didn’t you?”
JP: “We did yeah.”
SR: “That Hyundai is driven to the Adisco food and wine shop isn’t it?”
JP: “Yes.”
SR: “That is you and Mr Witham in the shop, and you’re buying quite a lot of alcohol aren’t you?”
JP: “Buying Kopperbergs yeah.”
SR: “The atmosphere was good. You can see Mr Witham smiling there. You’re smiling as well. Mr Witham engaged with a woman in the shop. He was in a good mood wasn’t he? He was obviously under the influence of alcohol wouldn’t you say?”
JP: “He was yeah.”
SR: “At 20:28, the three of you return with your bags of alcohol and enter the flat?”
JP: “Yes.”
SR: “We know that you and Mr Witham were in the flat with others for another one hour and 40 minutes until we see you leave. You were drinking weren’t you?”
JP: “We were chilling with the music on, waiting for the boxing.”
SR: “You were drinking alcohol weren't you?”
JP: “Yeah.”
SR: “Mr Witham, he was drinking alcohol wasn’t he?”
JP: “He was.”
SR: “As he kept on drinking, he was getting more and more intoxicated wasn’t he?”
JP: “You could say that.”
SR: “He became louder didn’t he. He started speaking at quite a loud volume?”
JP: “Erm, yeah, I guess. I just can’t remember.”
SR: “Had you been drinking with Mr Witham in the past?”
JP: “No.”
SR: “He was becoming quite loud towards 10 o’clock at night because he’d been drinking for a while?”
JP: “That’s right.”
SR: “Niall Barry was in the flat throughout this time?”
JP: “He was yes.”
SR: “He was coming and going from the room you were in?”
JP: “He was yes.”
SR: “There came a time when he asked Mr Witham to quieten down because he was becoming quite rowdy?”
JP: “That’s right yes.”
SR: “Mr Witham wouldn’t calm down, he was still loud and rowdy?”
JP: “I’d agree yeah.”
SR: “There came a time when Niall Barry asked him to leave because he was annoying him?”
JP: “That’s right yeah.”
SR: “It was around that time that Mr Witham was asked to leave that you said you’ll head off as well?”
JP: “That’s right. I’d already made plans to watch it with me dad. I waited for Sean to get in the flat.”
SR: “It’s now 10 past 10. You say your intention was to go home to watch the boxing with your father. You didn’t know what Mr Witham’s plan was?
JP: “No I never.”
SR: “You said he mentioned going to visit his grandmother. Do you think you could be mistaken?”
JP: “I couldn’t say for certain. I don’t know where he went after i got dropped home.”
SR: “You both leave for different reasons?”
JP: “We do.”
SR: “You said he offered you a lift home in the Hyundai?”
JP: “That’s right.”
Mr Reiz says there are three calls from Witham to Barry Westall shortly before 11pm.
SR: “Mr Westall is your contact. Mr Witham didn’t know him.”
Peers agrees and says this was him calling Mr Westall using Witham’s phone
JP: “He wanted me to get him hash on the way home.”
Mr Reiz says the flat on Pilch Lane was being used to grow cannabis.
JP: “It was but not in my knowledge.”
Mr Reiz says two cannabis plants and growing equipment were recovered from a bedroom inside the flat
SR: “You say you were unaware of that?”
JP: “That’s right. I never entered any of the bedrooms.”
SR: “You did know there was cannabis in Pilch Lane that afternoon?”
JP: “I did yeah”
Mr Reiz asks if Witham was asking for him to purchase cannabis for him because he was not planning on returning to Pilch Lane
JP: “I guess so, yeah.”
SR: “Did he say that to you?”
JP: “I can’t remember.”
SR: “At the time Mr Witham leaves the flat, he is a bit rowdy and under the influence of alcohol?”
JP: “That’s right yeah.”
SR: “When you return to the flat at about half past 1, Mr Witham was different in the way he was behaving wasn’t he?”
JP: “He was just quieter.”
SR: “He was quieter and more subdued than he had been earlier. Would you agree?”
JP: “I’d agree yeah.”
That concludes Mr Reiz's questioning.
The court will now break for lunch, resuming at 2.10pm.

 
  • #309
14:27Jonathan Humphries

'Just a group of friends socialising'​

John Cooper, KC, will now ask questions of Joseph Peers on behalf of Ian Fitzgibbon.

JC: “You had known Mr Fitzgibbon a little for some years before this hadn't you?”
JP: “Yeah.”
JC: “Really you got to know him better about three months or so before August 20?”
JP: “That’s right yeah.”
JC: “And Mr Zeisz as a mutual friend?”
JP: “You could say that yeah.”
JC: “As far as Mr Fitzgibbon was concerned, your priority that day, or certainly for the evening, was to watch the boxing?”
JP: “That’s right yeah.”
JC: “As far as you were concerned and as far as Mr Fitzgibbon was concerned, it was a group of friends getting together to watch the boxing and socialise.”
JP: “Yeah, that’s right.”
JC: “During the course of socialising and watching the boxing, alcohol was obtained to fuel the entertainment?”
JP: “We bought a few bits from the shop yeah.”
JC: “You met up with Mr Fitzgibbon earlier that day didn’t you. You had a lift to Pilch Lane?
JP: “I did yeah.”
JC: “Would it be right to say you were dropped off by Claudia Fitzgibbon in her car?”
JP: “Yeah that’s right yeah.”
JC: “And Mr Fitzgibbon was in the car as well at that time?”
JP: “He was.”
JC: “That came about, would it be right, that afternoon you were contacted by Mr Fitzgibbon and asked if you were coming to Pilch Lane to watch the boxing?”
JP: “That’s right yeah.”
JC: “Had he discussed with you the previous day that he and a number of others were going to watch the boxing?”
JP: “Yeah he did.”
JC: “You were collected by Claudia and Ian Fitzgibbon and taken to the general area of the flat?”
JP: “That’s right.”
JC: “I realise you weren’t timing this, but around about 3 o'clock, 10 to 3, quarter to 3, would that have been about the time you were dropped off by Claudia Fitzgibbon?”
JP: “It was some time after lunch yeah.”
JC: “In the afternoon?”
JP: “Yeah”
JC: “Claudia dropped you off, then it was you and Ian Fitzgibbon?”
JP: “Yeah.
JC: “And you went into Go Local to purchase just soft drinks, or alcohol. Can you remember?”
JP: “Just sweets, crisps, drinks.”
JC: “That was the first visit to Go Local with Ian Fitzgibbon, then did you go to the flat with him?”
JP: “Yeah.”
JC: “The whole purpose was to get in the mood, get in the atmosphere of watching the big fight later in the day?”
JP: “Yeah.”
JC: “Later on did you go back to Go Local, maybe a few hours later, with Mr Peers to get more soft drinks and snacks?”
JP: “Yeah.”
JC: “Did Niall Barry ask you to purchase a top up for his phone?”
JP: “Yeah he did.”
JC: “And did you purchase that?”
JP: “I did.”
JC: “There came a time that you left Pilch Lane?”
JP: “Yeah.”
JC: “And you left with Mr Witham?”
JP: “Yeah.”
JC: “Did you say that you were going to your mother’s on Woodlands Road when you left?”
JP: “Yeah I did.”



14:30KEY EVENT

Witham 'handed bag of cocaine'​

Mr Cooper says he will “go a little back in the chronology” and asks for Peers to be shown footage outside Adisco.

JC: “We’re watching a man on a bicycle going to a car. There’s the cyclist, Let’s just keep watching him. Going to a car. Seen taking something. Then that’s the Hyundai driving away.”

The jury are also shown footage of the car’s arrival at the shop.

JC: “Are you in that car?”
JP: “I am yeah.”
JC: “Mr Witham gets out. And you get out, is that right?”
JP: “Yeah.”
JC: “Does Mr Fitzpatrick stay in the vehicle?”
He corrects himself and says Fitzgibbon.
JP: “Erm yeah.”
JC: “Were you or Mr Witham handed anything by the cyclist?”
JP: “Yeah Witham. A bag of cocaine.”
JC: “Mr Witham is handed a bag of cocaine by the cyclist?”
JP: “Yeah.”
JC: “It’s right to say that Mr Fitzgibbon had nothing to do with that?”
JP: “No.”

Mr Cooper has no further questions.





 
  • #310
14:37KEY EVENT

Cross examination of Joseph Peers begins​

Paul Greaney, KC, prosecuting, will now cross-examine Joseph Peers.
He says his questions will stretch “well into tomorrow.”

PG: “During my first stage of questioning, I simply want to understand what your case is, without challenge. The challenge will come, rest assured.....

"As we’ve understood it, although you maintain you were not at 40 Leinster Road, you accept James Witham shot and killed Ashley Dale?”
Peers: “I do.”
PG: “Do you accept he must have forced his way into her home and discharged a sub-machine gun both upstairs and downstairs?”
JP: “I do.”
PG: “Do you agree he must have done that for a reason?”
JP: “It’s hard for me to say that. I don’t know what the reason is behind that.”
PG: “You knew the man. Are you entertaining the possibility this was some pure random act of savagery, or must there have been a reason behind it?”
JP: “There must have been something like.”
PG: “You personally were not aware of any dispute arising out of events at Glastonbury?”
JP: “No I wasn’t, no.”
PG: “Is it also your position you were unaware of a more long standing dispute between Niall Barry and Lee Harrison?”
JP: “It wasnt that I was aware, it was just what you’ve heard from chatter over the years. Before all this. I’ve always knew Lee and Branch to be mates. If I haven’t seen them for years, then all of a sudden they’ve fell out. I’ve never really been close with them. I couldn’t explain the circumstances between them.”

JP: “Is it your position that as of August 20 and 21, you were unaware of a long standing dispute between Niall Barry and Lee Harrison or did you know about it?”
JP: “I knew about rumours. I didn’t know it had actually happened or whether something did happen. That’s where I'm at with it?.
PG: “You had never even heard of Dusty?”
JP: “That’s true. Until I seen the picture of him, I didn't know what he looked like until I seen it in the depositions.”
PG: “You knew nothing of anything problem between Dusty and Sean Zeisz?”
JP: “I was on holiday with him, if it was that much of a problem he probably would have told me. It must have been nothing.”
PG: “Sean Zeisz was a close friend of yours. Your position was you didn’t know anything about a problem between him and Dusty?”
JP: “That’s right, yeah.”



14:41Jonathan Humphries

'I was just going for the party'​

Mr Greaney asks: “You accept you travelled to the area of Glastonbury on June 25?”
Peers replies: “Yeah that’s right?”
PG: “But you didn’t actually enter the festival and returned the following day?”
JP: “Yeah that’s true.”
PG: “You told us you travelled with five other people, making six of you in total?”
JP: “That’s right.”
He is asked to name them
JP: “Jason Hughes, there’s Mooresy and their girlfriends.”
PG: “Two men and two young women.”
JP: “And Moorsey’s brother.”
PG: “You’ve used the name Moorsey, please tell us the real names of those people.”
JP: “I actually don’t know them. They’re Jason's friends. Jason turned up at me mother’s and said there's a seat here, do you want to come in.”
PG: “Whether you did or didn’t go to Glastonbury and who you did or didn’t speak to us important.”
JP: “Jason is my proper mate. He invited me, I went with him, everyone else is irrelevant.”
He says “Mooresy’s older brother” drove him.
“I’d only actually met them that day. That’s why i don’t really know them
PG: “You did want to attend the festival?”
JP: “I did yeah, but it’s a nightmare trying to get tickets?”
PG: “Before you set off, had you made any attempts to get tickets?”
JP: “I did. I called trying to get some passes but it’s hard work.”
PG: “Who was it you were hoping to see at Glastonbury?”
JP: “I’ve been about six times. Every time I’ve ended up on my own or travelled there on my own.”
PG: “You were making a big effort to go to Glastonbury. I was simply asking who was it you were hoping to see?”
JP: “Was it Kendrick Lamar that year?”
PG: “You tell us.”
JP: “I never got in. I was just going for the party.”
PG: “While you were there, did you speak to any other defendants in this case?”
JP: “I did yeah. I spoke to Sean, Ian and Liv.”
PG: “Would it be fair to say you spoke extensively to those three people?”
JP: “It would yeah.”
PG: “You did so by telephone?”
JP: “That’s right, yes.”



14:54Jonathan Humphries

Peers 'completely unaware of any criminal conduct' on journey to Rhyl​

Mr Greaney asks: “Do you accept on August 19, you travelled to Rhyl in North Wales with Niall Barry and James Witham?”
Peers replies: “I do yes.”
PG: “You did so in the Hyundai?”
JP: “That’s right yeah.”
PG: “Is it your position you were wholly unaware of any criminal conduct by Mr Witham or Mr Barry that day?”
JP: “That’s right. I’d just been picked up and asked do i want to get out the house for a few hours.”
PG: “For you it was a fun day out?”
JP: “Not a fun day out, just getting out for a few hours.”
PG: “If any criminal conduct did occur, it occurred without the slightest knowledge on your part?”
JP: “David McCaig has just come to my house and said do I want to get out of the house for a few hours. I’m not gonna turn that down. You see the phone get rang and you see my phone get rang.”
PG: “You were with those other men in the car and then in Rhyl. If they were up to no good you didn’t see any of that?”
JP: “That’s right yeah.”


PG: “On August 20, you accept you went to 267 Pilch Lane arriving there just before 3 and staying albeit with some trips out, until 10 past 10. Is it your position that nothing was said about any dispute or plan to attack?”
JP: “No.”
PG: “And you had not the slightest inkling anything was afoot?”
JP: “There wasn’t, that’s right.”
PG: “Do you agree you left 267 Pilch Lane at 10.10 and when you did so you were with Mr Witham?”
JP: “That’s also right, I did yeah and I did leave with Witham.”
PG: “And you had intended to walk home. You’re nodding your head. But Mr Witham insisted on driving you home?”
JP: “He was insisting on dropping me off. I’d been in the flat all day for hours, bunged up. I needed the fresh air to walk out, but it never worked out that way.”
PG: “He effectively forced you into getting into the car and being driven there?”
JP: “That’s right yeah.”
PG: “We know he was planning an attack at 40 Leinster Road with a machine gun. He said nothing to you about his plan?”
JP: “That’s right yeah.”
PG: “You detected nothing about his manner that was out of the ordinary?”
JP: “Nothing at all out of his manner. If he was planning an attack on 40 Leinster Road, he probably wouldn’t have told me anyway.”
PG: “Can you help us with any explanation why he wanted first to drive you home?”
JP: “It wasn’t a case of him driving me home. He insisted on dropping me off home. He’s come down the stairs as I’ve gone to get off the flat and insisted to drop me off.”
PG: “We know Mr Witham planned an attack with a machine gun. Notwithstanding his plan, he was so determined to drive you home. Why?”
JP: “I couldn't tell you why. He seemed fine to me before we left.”
PG: “How long would it have taken you to walk home?”
JP: “About 15 minutes.”
PG: “You would have been home by about 10.25, long before the start of the fight?”
JP: “Plenty of time before it yeah.”
PG: “You’d even have seen the ring walk.”
JP: “I would have yeah.”
PG: “Would your walk have taken you along Wyndham Avenue. Where the car was?”
JP: “Wyndham Avenue is at the side of the Coop. My house is to the left as you come out of the flat.”
PG: “In any event, even though you wanted to walk home you got into that car?”
JP: “That’s right yeah.”
PG: “In the end, Mr Witham didn’t drive you straight home?”
JP: “That’s also right and I wasn’t happy.”
PG: “First of all he drove you to David McCaig’s home, that was in the opposite direction?”
JP: “That’s right yeah.”
PG: “Did you ask him, James Witham, I want to get home, I wanted to walk and now you’re driving me in completely the wrong direction?”
JP: “He said come on we’ll be quick. He’s been blanking me over this car for days, a day and a half?”
PG: “You wanted to walk home, he’s insisted on driving you and now taking you somewhere which isn't your home?”
JP: “That’s right.”
PG: “When you arrived at David McCaig’s flat, was the gate locked so you couldn’t get in?”
JP: “That’s right yeah.”
PG: “You told us on friday Mr Witham made calls to McCaig didn’t he?”
JP: “On his iPhone yes.”
PG: “Was it during the course of your journey to Mr McCaig’s home or after that you ended up in Old Swan?”
JP: “After.”
PG: “Then you went to meet Barry Westall in order to buy cannabis?”
JP: “That’s right yeah.”
PG: “Was it you who telephoned Barry Westall?”
JP: “It was. He doesn’t have his phone number, he doesn’t know him.”
PG: “How was the number obtained to make that call?”
JP: “Off my phone.”
PG: “On your account, at that stage, after you’ve been in Old Swan, was you telephone on?”
JP: “It was on aeroplane mode, so yeah it was still on.”
Mr Greaney asks if he was “fuming” about the journey.
Peers replies: “Yeah I was I was fuming. I told him, better get me home.”
PG: “Why was it you agreed to go somewhere else?”
JP: “I was getting cased for hash. He never had the lad’s number, I did. Here’s me ringing him to sort it out for him. He was doing me head in, asking me.”
PG: “What would have been a 15 minute walk home had become a car journey of an hour or so?”
JP: “That’s right. That’s the whole reason I was insisting on walking home?”
PG: “A simple walk home had taken you much longer than you had expected?”
JP: “Definitely.”
PG: “And was putting at risk the whole purpose of you going home in the first place; watching the boxing?”
JP: “That’s right.”




 
  • #311
15:00Jonathan Humphries

Peers 'can't remember' what round he started watching boxing​

Peers is shown a map of the Roby area.
Mr Greaney asks him to “talk us through” the journey from Pilch Lane.

JP: “When we’ve come out the flat, we’ve come out down all the way past Pilchy shops
Then went .Straight down towards Broad Green Hospital under the rocket and onto Broad Green Road.”
He agrees they went “in and out in a minute on the wrong turn” down Glen Road after visiting Mr McCaig’s flat.
PG: “You were dropped off on Church Lane?”
JP: “Church Road.”
PG: “As you walked home, you happened to make your phone active and coincidentally you were called by Sean Zeisz?”
JP: “I was walking through the entry way on Church Road?”
PG: “At the time of that call you weren’t yet at home. At 11.09pm, you had not yet arrived at your home. How had your phone come back on just for that call?”
JP: “My phone was still on, on aeroplane mode. I use aeroplane mode to save me battery, or low battery mode, or do not disturb. It’s a thing everyone uses to save battery on their phone.”
PG: “We know for a prolonged period your phone was off save for this two minute period.”
JP: “I was getting in. I looked at me phone. I seen it was still on aeroplane mode. As I got out the car, I seen my phone illuminate. I turned it back on.”
PG: “After 11.09, you walked that 50 yards to your home.”
JP: “I did yeah.”
PG: “You had to take the steps you’ve told us about the get your dad’s attention. The door had to be opened at the front. All of that happened after 11.09. Then you went inside the house and spoke to your dad?”
JP: “Yeah I did.”
PG: “And did you then make your mum a cup of tea?”
JP: “My dad told me to make my mum a cup of tea.”
PG: “When you went upstairs, did you speak to your mum?”
JP: “I did, for a little while.”
PG: “Then you put your pyjamas on.”
JP: “I did, put my pyjamas on and come back down?”
PG: “All of that after you get back to the house. All of that after 11.09?”
JP; “Yeah, that’s right.”
PG: “On friday, Mr Wright asked whether you had missed the start of the fight and you asked him to repeat the question to set out his chronology. Ultimately, what you said was that you just missed the start?”
JP: “Yeah.”
PG: “How much of the fight did you miss?”
JP: “I can’t say for certain. I’d be lying if I said what round I started watching it in.”
PG: “This fight had been your focus throughout the course of the day?”
JP: “It hadn’t been my focus personally, it was just an event on the weekend.”
PG: “All of your pals had been speaking about it. You decided to go home to share the experience of watching it with your dad. Now this is really important to see whether your timings remotely fit. During which round did you start to watch that fight?”
JP: “I’d be lying if I told you. I can’t remember.”



15:13Jonathan Humphries

Peers finds case 'baffling'​

Mr Greaney asks: “You return to 267 Pilch Lane that night together with Mr Witham at 1.34am.”
Peers replies; “I do. Agree, yeah.”
PG: “The man you left with was the man you return with?”
JP: “That’s true yeah.”
PG: “Between those times he’d carried out the killing of Ashley Dale. your position is you know nothing about that?”
JP: “That’s right yeah.”
PG: “There was nothing about his demeanour that indicated he had carried out the killing of a women in her own home?”
JP: “That’s right.”
PG: “He just seemed normal.”
JP: “He’s quite quiet anyway, he doesn’t really speak much.”


PG: “You accept you were the person who made arrangements for the Hyundai used in the killing to be stored in St Helens?”
JP: “I do yeah.”
PG: “You had not the faintest idea that was a vehicle that had been used in crime?”
JP: “I wouldn’t have put that car on Kallum Radford’s path, no way.”
PG: “Witham had said to you he wanted the car to be fixed. Was Kallum Radford a mechanic?”
JP: “He wasn’t.”
PG: “Why take the car to him in St Helens rather than to a garage?”
JP: “This is what I said to him. Why do you want the car stored?”
PG: “Why take it to St Helens at all?”
JP: “I don’t know. He just asked me can I get a place to get it stored. I happened to reach out to Kallum and it got stored that way.”
PG: “If what was wanted was this car to be fixed, are you able to offer any explanation why you made arrangements for it to be taken to someone who couldn’t fix it.”
JP: “No there's no explanation for that.”


PG: “After Witham had carried out the killing, you spent a substantial period of time in his company.”
JP: “That’s right yeah. Without the knowledge of this terrible thing.”
PG: “You stayed with him in a hotel in St Helens.”
JP: “I did yeah.”
PG: “The intention had been to have a swim, steam and sauna but those facilities weren’t operational?”
JP: “They were under maintenance.”
PG: “Was Mr Witham also interested in going for a swim?”
JP: “Those were his first words to me when he dropped the car off, do you want to go for a swim steam and sauna.”
PG: “Nonetheless you stayed for two nights?”
JP: “That’s right yeah.”
PG: “Why didn’t you just go home.”
JP: “Witham asked me to book a room. I ended up booking a second night.”
PG: “On those two nights, in the immediate aftermath of the killing, you shared a room with Witham.”
JP: “That is right yeah.”
PG: “Did he just seem to be his normal self.”
JP: “I never really spoke much with him. There was two single beds in there.”


PG: “Then you travelled to Scotland with him. Before travelling back to St Helens and again staying in the same hotel. Later on having gone back to Scotland you were arrested in a car with Mr Witham?”
JP: “Yeah that’s also correct.”
PG: “All throughout that period you had no idea he was the killer?”
JP: “He couldn’t have said anything abar something like that. Literally. I’m a good judge of character in a person, obviously haven’t really been that close with Witham before this. I didn’t really know what his demeanour was like in the time I spent with him.”
PG: “You’re a good judge of character are you?”
JP: “That’s right yeah.”
PG: “Even if he hadn’t said anything, it might be thought he would be worried about being arrested. You didn’t detect anything abnormal with his demeanour?”
JP: “Alls I’ve thought was odd. He’s asking me to book hotels in my name. I was in a car crash on the 19th. The car had a bump on it. That was my knowledge of the car. Whatever has gone on in those two hours, I haven't been aware of that. He’s come to me the next morning with the first thing that I did have knowledge of, the car crash. I can't speak for what’s gone on in them two hours apart. I was definitely unaware of the situation. I’ve been blindsided to this.”

PG: “Witham, the gunman, after he’s left 267 Pilch Lane and driven you all around, he carries out the shooting. Then he makes the effort to come back to your house so he can come back to Pilch Lane with you.”
JP: “That’s odd. No one knocks at mine that late.”
PG: “Then makes you book hotel rooms for him and gets you to arrange the storage he knows has been involved in the killing?”
JP: “He’s used me to book hotels. He blatantly knew I wasn’t anything to do with all of this. I could not have been put in that position by anyone else I was sitting around at the time. I’m quite an antisocial person. Everything after this, I didn't even see no one after this. The only person that’s latched onto me after this is Witham, I haven’t seen no one else in that flat after this.”

PG: “With all of this, making you go back after the shooting, making you book hotels, causing you to travel with him to scotland, making arrangements for the vehicle, do you think he was setting you up in some way?”
JP: “Yeah. he used me. I wouldn't be involved in something like this. It’s the maddest thing to even sit there and think about. We was all in that flat and there was definitely no plan for anything like this never mind it actually happening. It’s still baffling now. Coming to jail for nine months. I’ve seen it in my depositions, I’m thinking ‘where’s all this come from’. It’s still baffling now.”


15:21Jonathan Humphries

'You must have known a Hyundai was involved in shooting'​

Mr Greaney asks: “You accept over this period of time, a lot was happening around you connected with the killing of Ashley Dale?”
Peers replies: “Yeah I do yeah.”
PG: “But your position is is there’s an innocent explanation for every suspicious circumstance?”
JP: “That’s right yeah.”
PG: "There appear to be two possibilities. The first is that you are a victim of a series of unfortunate events and coincidences into which you were dragged into innocently.”
JP: “That’s definitely my case yeah.”
PG: “Or you are a bare faced liar knowingly involved in the events that led to the death of Ashley Dale. Those are the two possibilities.”
JP: “Those are the two possibilities, but my case is the first one.”
PG: “When did you find out, in an area not far from you lived, that you knew well, when did you discover a young woman had been killed with machine gun?”
JP: “When I come home after checking out of the hotel my little sister told me, she said look at this. Look at what’s gone on. In the Echo.”
PG: “In the Echo?”
JP: “Yeah.”
PG: “In the reporting that started at 9.26 on August 21, the fact that a Hyundai vehicle had been used featured in the reporting. You must have become aware that such a vehicle was said to have been involved?”
JP: “Can you say that again please?”
PG: “The reporting that happened over and over again in the days after Ashley Dale’s shooting, that included the fact a Hyundai vehicle was believed to involved.”
JP: “What was this on? The internet, the ECHO?”
PG: “On everything.”
JP: “The car wasn’t my car. Obviously I'd seen bits and bobs. I never questioned the car I was actually in at the time. There was three or four of those cars in Liverpool, the exact same car flying about by ours. That car could have been anyone’s car. Obviously now it is actually Witham’s car.”
PG: “When you became aware that a Hyundai was involved, didn’t you think ‘goodness me, I wonder if that’s the vehicle Witham was in’.”
JP: “Yeah I did, but it wasn’t until I actually seen it. As quick as it got put up, it was as quick as it come down. The car was never really talked about in the news.”


The court will now take a break, resuming at 3.30pm.


 
  • #312
15:48Jonathan Humphries

Peers: 'Zeisz told me it was not Dusty who attacked him in Glastonbury'​

Mr Greaney rises and says: “We’re going to turn to the dispute that prosecution maintains led to the killing of Ashley Dale.”

Mr Greaney asks for Peers to be given a copy of his defence statement.
The 14-page document was submitted on August 10 this year.
He reads a section which says: “The defendant did not attend the Glastonbury festival in 2022.
Peers says: “That’s right yeah.”
PG: “Your defence statement made no mention of the journey you had made to the area of Glastonbury on June 25.”
JP: “No, it never.”
PG: “That was because you hoped the police would not become aware of that journey.”
JP: “No, because it wasn’t relevant to me.”
PG: “Evidence was then served that demonstrated your journey to the area of Glastonbury. This is evidence served after your first defence statement. It reveals your phone making that journey from Liverpool to Glastonbury. We know whilst you were in the area, you had extensive contact by telephone with Ian Fitzgibbon, with Sean Zeisz and Olivia McDowell. You’re nodding your head. You did provide a second defence statement, an addendum, after you had received this evidence.”
JP: “That’s right.”
Mr Greaney reads: “The defendant was at home on the afternoon/early evening June 25. He decided at very short notice to travel down with some of Jason Hughes’ friends’.
PG: “Millsy Millsy’s girlfriend and brother. Had you forgotten about the other person when you made your defence statement?”
JP: “It was a year ago. Well over a year ago. I only actually was mates with Jason.”
PG: “You could remember the number of people you spent the night with in the car?”
JP: “Yeah. you’ve got Millsy, Millsy’s girlfriend and there was someone else there as well.”
PG: “Let’s get to the point I want to explore with you. Did you listen carefully and watch carefully when the sequence of events was dealt with earlier in the case. The material from Ashley’s phone.”
JP: “Erm yeah.”
PG: “You will have noted that according to Ashley’s exchanges with her friends, Dusty had assaulted Sean Zeisz on the saturday. Do you remember her reporting on a number of occasions that Niall Barry had told Ian Fitzgibbon of an intention to stab Lee Harrison?”
JP: “I do yeah.”
PG: “Even if it’s true you weren’t at the festival itself, you learned of those things from if Sean Zeisz and Liv, the people intimately concerned?”
JP: “That’s true yeah. That’s right.”
PG: “You said that you had no awareness of the events at Glastonbury and the dispute involving Sean Zeisz until you become involved in this case. Are you now accepting you were aware?”
JP: “What I am accepting is, that Sean told me that it was someone else that’s nothing, nowhere to be seen in any of these messages or evidence. It was a totally different person, that’s from the horse’s mouth, it was nothing to do with Dusty.”
PG: “When did he tell you?”
JP: “I’ve actually asked him. This is months later.”
Mr Greaney says they are at “cross purposes” and says it is “right to be fair to you”.
PG: “Ashley reported that Sean Zeisz had been assaulted on the Saturday. Niall Barry had told Ian Fitzgibbon of his intention to stab Lee Harrison. You were in extensive contact with those personally concerned with these events. You were told in those extensive discussions about what had kicked off at Glastonbury.”
JP: “No. I never really spoke to them for a long period of time on the phone. I rang everyone that went to that festival from Liverpool. I couldn’t get tickets. I went with a totally different group of people.”
PG: “Sean Zeisz is your close friend. He had been humiliated at Glastonbury. can you think why he wouldn't have told you what had kicked off?”
JP: “I couldn’t. I’ve seen the messages. Everyone’s saying it’s Dusty. He’s told me it wasn’t. I can only go off what he’s saying to me.”
PG: “Can you think of any reason why in those discussions that you had with Sean Zeisz, he would not have mentioned to you this humiliating event, you his friend?”
JP: “No. when I actually got there, it wasn’t till I come home to find out that Sean was already home before I’d even got home. I can’t even remember speaking to him on the phone. I think I spoke to Liv.”
PG: “Live was left on her own. Can you think any reason why Liv would not have mentioned to you what was happening there?”
JP: “Liv wouldn’t, she wouldn’t have been on her own left by him. It’s Glastonbury music festival, it’s huge. You get lost left right and centre.”
PG: “Can you think any reason Ian Fitzgibbon wouldn’t have told you about the threat to stab Lee Harrison?”
JP: “He wouldn’t have brought that out to me. I wouldn’t be around anything like that. He’s not gonna start saying that on the phone to me out the blue. He’s probably had a thousand phone calls. He’s not gonna say [inaudible] pulled a blade out to him.”


15:58Jonathan Humphries

Zeisz 'did not mention girlfriend being with Dusty'​

Mr Greaney says: “In the aftermath, you went to Barcelona. I think you went on July 6?”
Peers replies: “Yeah.”
PG: “Did Sean Zeisz fly out to meet you in Barcelona?”
JP: “I believe he was in Ibiza and we met each other in Barcelona.”
PG: “The two of you travelled on to Valencia. By what means?”
JP: “A taxi.”
PG: “From there, you went to Portugal?”
JP: “We took a flight.”
PG: “The two of you were away for a number of weeks?”
JP: “That’s right yeah.”
PG: “You were still away on July 16. You returned to the uk after Rikki’s death on July 21.”
JP: “That’s correct yeah.”
PG: “My understanding is that you travelled back to the UK after the balloon release but before the wake?”
JP: “That is right, I think?”
PG: “We know the balloon release is July 30 and the wake is August 10.”
JP: “I never attended the balloon release.”
PG: “Does all of that mean you returned to the UK at some stage, probably in early August?”
JP: “Yeah, it does.”
PG: “You and Sean Zeisz were away for the best part of a month?”
JP: “Yeah.”
PG: “You were travelling, the two of you, from place to place. Staying in hotels, eating and drinking together in restaurants and bars.”
JP: “That’s right”
PG: “You’ve known Sean Zeisz since you were both children.”
JP: “Yeah.”
PG: “In July and August last year, the two of you were close?”
JP: “We was.”
PG: “The two of you had become closer after your breakup with Lucy in June 2022?”
JP: “We started seeing each other more, yeah.”

PG: “We know that on July 20, the two of you were still abroad. On that day, Sean Zeisz was involved in a series of exchanges by text message. This is whilst you and Sean Zeisz were on holiday. You can see that Sean Zeisz is sending Niall Barry a message ‘Dusty been getting me bird lad, how sick is that’. Niall Barry replies, and then Sean Zeisz replies to him ‘rat’, plainly a reference to Liv, ‘rat isn’t she’. On July 22, when the two of you are still away together, the conversation picked up on the same subject. Sean Zeisz appears to have become aware ‘my bird’s car’, Liv’s car, ‘on Dusty’s path’. He’s inviting Niall Barry to smash the windscreen of her car. Effectively, he’s encouraging Niall Barry in very strong terms to cause damage to Liv's car. It goes on and on like this for a number of pages. It might be thought, whilst the two of your were away together, Sean Zeisz was very concerned about things happening between his girlfriend and someone called Dusty. So much so he wanted her car smashing up. This is your close friend. The two of you are away together. He was discussing this with you?”

JP: “He discussed something. Sean is a very private person. You could not touch his phone. He keeps everything like that to himself. He wouldn’t discuss none of those messages with me.”
PG: “You knew full well about a dispute involving Sean Zeisz that had started at Glastonbury.”
JP: “I knew that a certain thing happened, but it wasn’t with Dusty. It was with someone else.”
PG: ”While you were there in Spain and Portugal, what was Sean Zeisz telling you?”
JP: “He wasn’t telling me nothing. We were chilling by the pool, detoxing, enjoying ourselves.”

PG: “On July 27, Sean Zeisz had an exchange of messages with Liv McDowell. you will remember these messages. Sean Zeisz describes Liv McDowell as a little tramp, as vomit. We know that he referred to having Liv’s t**s cut off. During this period when you are away on holiday with Sean Zeisz, he was in a state of rage about the beakdown of his relationship with Liv McDowell.
JP: “That there is just him carrying away with his partner. She’s been cheating on him with a guy who’s supposedly hit him in Glastonbury. He wouldn’t discuss it with me. He’d keep it to himself, that’s how he is.”
PG: “Sean Zeisz kept all of this to himself.”
JP: “That’s the truth.”

16:02Jonathan Humphries

Peers: 'Did not know Dusty had been bullying Rikki'​

Mr Greaney says: “Rikki was a friend of yours.”
JP: “He was yeah.”
PG: “Did his death by suicide hit you hard?”
JP: “Yeah it did.”
PG: “We’ve heard evidence that over a period of time, he was being bullied by Dusty. Were you not aware of that? Sean Zeisz to Niall Barry on July 22, just after the death of Rikki, ‘Dust been bullying Rik lad’. This is something you and Sean Zeisz were experiencing together, the death of a friend, is it your position Sean Zeisz didn’t say anything to you about the fact he had heard someone called Dust had been bullying the man who had died.”
PG: “We were away. I didn’t know Dusty or Jordan, whatever his name is. I couldn't put a name to a face, literally. I hadn’t seen Rikki or knew what was going on with Rikki. I couldn't say whether Dusty was bullying him.”
PG: “You and Sean Zeisz are away on holiday when Rikki takes his own life. The two of you will have spoken about it.”
JP: “Not about that. I don’t know Dusty. As far as i’m concerned, he’s not gonna tell me about Liv going with this Dusty. None of it makes sense to me. With Liv, she and him, people saying that Dusty’s hit Sean. None of it makes sense to me.”
PG: “The prosecution case is, whether you found about it in Glastonbury or Spain or Portugal, by August 2022 you knew full well there was a dispute triggered by events at Glastonbury involving Sean Zeisz.”
JP: “I knew. Yeah.”




 
  • #313
16:10Jonathan Humphries

'Niall Barry's world was your world'​

Mr Greaney moves on, and asks: “In August 2022, for how long had you known Niall Barry?”
Peers replies: “I’ve known Niall Barry, I’ve known of him for years. I’ve never really been his mate or sat with him or hanged around with him. From the funeral, that has brought us closer. We were sitting and speaking and having a cup of tea or smoking. Over the years I've known him, I've never ever done that. Had a cup of tea or smoked with him, I’ve just seen him in the street.”
PG: “Did you know him as Branch?”
JP: “I did yeah.”

Mr Greaney refers to the EncroChat material about Barry’s conviction for conspiracy to transfer firearms.
PG: “It appears in 2020, Niall Barry was involved in a world in which firearms were traded.”
JP: “That’s what it looks like.”
PG: “Including the very type of weapon used to kill Ashley Dale. Did you know that’s what Niall Barry was involved in?”
JP: “Not necessarily no. I knew he sold drugs, not firearms. I wasn’t hanging around with him then. I didn’t really know him then, that well. Whereas now, obviously from Rikki’s funeral, I have sat with him and had a cup of tea, had a joint, whatever. I’ve never seen anything like this. I can’t speak for any of these messages.”
PG: “The point is that, in August 2022, just as Niall Barry was involved in this world, that was your world too, wasn’t it?”
JP: “Definitely not.”


That is all the jury will hear for today, They are asked to return at 10.30am on Tuesday.


Thanks for following our live coverage, we will return with further updates from court tomorrow.




 
  • #314
11:28JONATHAN HUMPHRIES

Peers "had no knowledge of cannabis farm" in flat​

Paul Greaney, KC, prosecuting, rises and resumes his cross-examination, first asking Peers about events on August 19.
PG: “We can see that at about 1 o'clock on the afternoon of August 19 you arrived at 267 Pilch Lane.”
JP: “Yeah that’s right.”
PG: “Very shortly afterwards, you were joined by James Witham and David McCaig.”
JP: “Yeah, Dave picked me up.”
PG: “We can see that at 1.43, you left the flat on Pilch Lane and you did so together with Niall Barry and James Witham.”
JP: “Yeah, you can see that.”
PG: “Does it follow that during the period you were in 267 Pilch Lane you were there with Niall Barry and James Witham.”
JP: “Yeah I was.”
PG: “When you left, you walked to the junction with Wyndham Avenue. Were you going to the Hyundai car.”
JP: “I was yeah.”
PG: “In the 40 minutes you were in Pilch Lane, what was discussed between you?”
JP: “Nothing was discussed, nothing that I can remember anyway.”
Mr Greaney asks if “drug dealing” was discussed.
Peers replies: “It could be possible. That wouldn’t be the reason I was in the car. I’d been asked did I want to get out the house for a couple of hours. They never mentioned nothing about drugs. We went to Wales, and that was it.”
PG: “Were you interested to know why they wanted to go to Wales?”
JP: “I wasn’t.”
Mr Greaney again asks whether he heard anything about drug dealing.
Peers says: “Not personally to me. Whether it was to David McCaig, I couldn’t tell you. I heard music on Youtube in the living room of the flat.”
PG “Did you tell us yesterday, that 267, you head no idea it was being used to grow cannabis?”
JP: “That’s right yeah, I’ve never entered any of the bedrooms”
PG: “You were a regular attendee at this flat over this period?”
JP: “I’d say regular, but not in the sense i was there every day.”
PG: “It wasn’t a big flat was it?”
JP: “It was a big flat.”
Peers is shown a floorplan of the flat, displayed on the screens in court. The bedroom is to the left as you enter the front door.
PG: “When you enter the flat, the room in which the cannabis grown was was next to the living room.”
JP: “I wouldn’t say that. The door was set back a bit. You had to step us as you were coming into the flat, you go over that lip. You step up and them rooms were set back.”
He is shown pictures from inside the flat
Mr Greaney says they are taken “after there has been some cleaning up.”
JP: “I don’t accept that I had knowledge of it.”
PG: “The fact there was a cannabis grown was something you didn’t see?”
JP: “That’s right.”
PG: “Something no one discussed in front of you?”
JP: “That’s right yeah.”

 
  • #315
The flat would have stunk of cannabis, no need to see it. And supposedly Witham is a drug dealer operating from a cannabis farm but JP had to call a dealer for him to get cannabis after leaving the flat?

Obviously some other reason JP called Westall.

PG: “Then you went to meet Barry Westall in order to buy cannabis?”
JP: “That’s right yeah.”
PG: “Was it you who telephoned Barry Westall?”
JP: “It was. He doesn’t have his phone number, he doesn’t know him.”
PG: “How was the number obtained to make that call?”
JP: “Off my phone.”
 
  • #316
11:43KEY EVENT

Peers an "innocent" taken along by "criminals"​

Mr Greaney says: “Let’s look at another potential source for all that cash you had access to in summer 2022.”
He refers to the “Kyle Line”, a phone number the jury has heard was used to supply heroin and crack cocaine in the North Wales area.
He says a woman named Cathy Doyle worked as a “runner” for the line during August 2022.
JP: “Fix that name in your mind. Cathy Doyle was working for the Kyle Line.”
Peers is shown a map of Rhyl, including Cathy Doyle’s home and the Co-op nearby where he is seen on CCTV.
PG: “Within Rhyl, calls were made to Cathy Doyle, who was a drugs runner for the Kyle Line. Do you agree it’s quite obvious that the purpose of the trip was connected with dealing in crack cocaine and heroin by the Kyle Line?”
JP: “That’s not a question for me to answer. It’s not why I was there.”
PG: “Do you not agree that’s what was obviously happening?”
JP: “I can’t say for certain. You clearly see when that Hyle Line makes a call, I’m on the phone in the Co-op.”
PG: “Someone you were with was making those calls.”
JP: “Yeah that’s possible, but I can’t say for certain. I was on the phone myself in the Co-op, not in those presence.”
He is asked if calls made by the Kyle Line were “connected with drug dealing”.
JP: “That’s what it looks like. I can’t say who was making those calls. I wasn’t in their presence, I was in the Co-op, on camera, on my own phone, speaking to someone who is nothing to do with any of this.”
PG: “Is it your position you knew nothing about the drug dealing activity taking place in North Wales that day.”
JP: “I never said I didn’t know that nothing was taking place. It’s not what I was going there for. I was going there for a day out. Whether they made calls and seen Cathy Doyle I don’t know. I don’t know Cathy Doyle.”
PG: “Did you know at any stage while you were in North Wales that those you travelled with were using that trip for drug dealing activity?”
JP: “I did not know, no.”
PG: “Your position is, just as with the drugs in the flat you knew nothing about, just like on the night of the murder when you knew nothing about what was happening, you had been an innocent taken along by those intent on criminal activity?”
JP: “That’s right yeah.”

 
Last edited:
  • #317
11:57KEY EVENT

'Niall Barry could not control me'​

Mr Greaney says: “By 19.40, you were back in Liverpool?”
Peers replies: “I was.”
PG: “At 19.42, you and Ian Fitzgibbon and James Witham went into the Co-op on Pilch Lane?”
JP: “Yeah, that’s correct.”
PG: “Where had Ian Fitzgibbon had come into the events on this day.”
JP: “Erm i’m not too sure to be honest.”
PG: “Had he been waiting for you at the flat when you arrived back?”
JP: “I actually can’t remember.”
PG: “He arrived there, almost as soon as the others who had been to North Wales got back. Was it just pure chance?”
JP: “Erm. I’m not too sure. I probably spoke to him on the phone. I can’t actually remember.”
PG: “You went back to the flat at Pilch Lane, staying there until gone midnight into August 20.”
JP: “Yeah that’s right.”
PG: “You left having spent over four hours in that flat. Getting into a taxi?”
JP: “I did yeah.”
PG: “Another person left after you and got into that taxi?”
JP: “That’s right yeah.”
PG: “You told us you couldn’t remember who that was. Many of the details, the drinks and sweets you bought, you can remember. Can you remember who it was?”
JP: “I’m more than sure it was Sean that left with me at that time.”
PG: “We know now that night.”
JP: “Dropped me off in the taxi.”
PG: “You were in that flat with James Witham, the gunman. With Niall Barry, with Sean Zeisz and with Ian Fitzgibbon.”
JP: “That’s correct.”
PG: “You returned to the flat the next afternoon didn’t you?”
JP: “I did yeah.”
PG: “You returned at 2.52. Were you with Ian Fitzgibbon?”
JP: “I was.”
PG: “Had you arrived together by agreement or was this pure chance?”
JP: “No he asked me do I want picking up to go the flat. Him and Claudia picked me up from my mum’s.”
PG: “Ian Fitzgibbon phoned you, and said he was going to the flat and offered to give you a lift. Did he explain why he was going to the flat?”
JP: “No.”
PG: “Why was it you wanted to go to that flat?”
JP; “I was just getting out the house.”
PG: “You spent a lot of time there.”
JP: “I spent all day in them shops and in the flat yeah.”
PG: “At 5.48, you and Ian Fitzgibbon went to the shop.”
JP: “Yeah.”
PG: “One of the things that you bought was a top up for Niall Barry’s phone?”
JP: “I did yeah."
PG: “This was a phone he was just about to start to use that night. A new phone.”
JP: “I’d be aware I got him a credit.”
PG: “Did Niall Barry explain why in the hours before the attack on 40 Leinster Road he was about to use a new telephone.”
JP: “No, I never noticed nothing. He asked me to get a credit from the shop and I did. I couldn’t say he’s using a new phone. He’s asked me to get him a credit, he gave me 20 quid, I got him a tenner credit. He never explained it. I was going the shop to get a few bits, sweets, whatever. I spent the rest on sweets and coffee I think.”
PG: “James Witham then arrives at 7.20pm.”
JP: “I wasn’t with Witham that day..”
PG: “He’d been to the fotoball with Mr Kershaw. There he is arriving back. Just over five hours later, he launched an attack on 40 Leinster Road.”
JP: “Yeah.”
PG: “In the intervening period you spent hours in his company.”
JP: “I did yeah. From 7.20, I spent a bit of time with him yeah.”
PG: “You spent time laughing and joking.”
JP: “That’s right yeah.”
PG: “Did you not have the slightest inkling of what he was about to do?”
JP: “I didn’t.”
PG: “Sean Zeisz arrives at 9.15. He’ll have his opportunity to tell us why he went there, what did he say to you was his reason?”
JP: “I was in the flat with Ian. They were getting ready to watch the fight. I hadn’t seen or spoke to him that day. It wasn’t until later on that I had a phone call. I said to him, we’re in the flat here. The boxing’s going to be on, are you coming? And he called past. I waited for him to come and remained in the flat for an hour, 40 minutes. Seen him and then got off.”
PG: “He went because you had invited him?”
JP: “That’s correct, yeah.”
PG: “We’ve now reached the point of your departure. You were asked a series of questions yesterday by Mr Reiz. Were you aware he was asking questions on behalf of Niall Barry?”
Peers says he was.
PG: “You agreed that James Witham had become intoxicated?”
JP: “Yes.”
PG: “That he’d become rowdy.”
JP: “Yeah.”
PG: “And because he was spoiling the mood he’d been asked to leave by Niall Barry.”
JP: “That wasn’t for me, that wasn’t in my presence. I got up. I was going home. Whether something’s been said to him as I’m coming the stairs after I’ve come out the living room. It’s a long landing and flight of stairs and hallway. I couldn’t say.”
PG: “I thought you told us yesterday Mr Reiz was correct. Are you saying you have no idea?”
JP: “I’m saying it could be correct but it also couldn’t be. I accept it was getting loud in the flat and it was a bit hairy. That’s what I did accept.”
PG: “I think you may have accepted more than that but let’s just park that. You didn’t hear Niall Barry telling Mr Witham to get out?”
JP: “I never said that.”
PG: “You tell me what the position is please. Mr Reiz said Witham is drunk, rowdy, he’s spoiling the mood. Mr Barry said get out.”
JP: “It wasn’t like get out”
PG: “What did you hear him say?”
JP: “It’s getting a bit too much in here. That’s all I heard him say. What are you doing? Slow down.”
PG: “This is Barry to Witham. Mr Barry was suggesting to Mr Witham he should leave.”
JP: “That’s my understanding.”
PG: “All of that you can remember now in order to answer Mr Reiz’s questions. You can remember that happening.”
JP: “I can.”
Mr Greaney asks Peers to look at his first defence statement, made ahead of the trial.
He reads a section to the court: “The defendant, you, was part of the group gathering to watch the fight. There came a time the defendant announced he was walking home to watch the fight with his dad. He said his phone was on its arse, very low on charge. He recalled Zeisz saying if he called back later could he bring some cigarettes. As he got up to leave, Witham stated he too was going to see his nan in Page Moss and offered the defendant a lift home. Witham was quite insistent that he would give him a lift.”
Mr Greaney says: “You will be able to agree, there’s nothing in your defence statement about Witham being drunk or rowdy or it being suggested he should leave. Instead he was leaving to go and visit his nan?”
JP: “No. I said his nans. That should have been his nans. That’s right yeah.”
PG: “Do you agree the account in your statement is different from the account you have given to me?”
JP: “It was basically right, I just went into further detail with you and Mr Reiz.”
PG: “I’m going to suggest it is a different account and the reason you’ve given that it because Niall Barry is a controlling figure within your gang and you were agreeing because you think that is what he wanted you to do.”
JP: “Niall Barry could not control me nor tell me or give me advice on this. This is what I’ve said and what I believe to be true.”
 
  • #318
12:10JONATHAN HUMPHRIES

Peers 'never mentioned trip to David McCaig's flat' in defence statement​

Witham and Peers are shown leaving the flat on CCTV at 22.10.
Mr Greaney says Peers’s phone is inactive at this time.
JP: “Me phone actually did connect, just I wasn’t using it.”
PG: “All of what you’ve just said I’ll need to check. There came a time when you switched your telephone off. You feared it would otherwise reveal where you were going and what you were up to?”
JP: “That’s not right. I never switched my phone off. I may have flipped to aeroplane mode. My phone’s on its arse. That’s what happened.”
Mr Greaney suggests that yesterday, Peers had said it was “in Do Not Disturb mode”
JP: “It was. In Do Not Disturb mode you don’t see notifications. Aeroplane mode fully cuts off your cell site. That’s the difference?”
PG: “In Do Not Disturb, it’s still connecting to the network. Your position is your phone was in Do Not Disturb mode?”
JP: “That’s right yeah. It was still connecting to data, you can still see the cell site information right up to where I’ve been dropped off home and after.”
PG: “All you wanted to do was get home as quickly as possible?”
JP: “I insisted on walking home. I’d been cooked up in the flat all day.”
PG: “Long story short, effectively James Witham forces you to get into the car. Absolutely insists you get into the car.”
Peers uses a chapstick on his lips and replies: “On a normal day, it’s not odd for someone to offer you a lift. I understand this day’s a bit different to the next. That night was nothing out of the ordinary for me.”
PG: “He takes you in a complete opposite direction.”
JP: “He took me to the direction of David McCaig’s. I know it looks longer than expected. I was none the wiser to how long it was going to take me. I accept I was out in the car for an hour. I accept I was on camera in certain places.”
PG: “A journey that will have taken 15 minutes to walk took about an hour in the car?”
JP: “It took about 50 minutes more, 45.”
Mr Greaney says they were “trying to speak to Mr McCaig about the car”.
PG: “You give a clear description of going to David McCaig’s house. I want to ask why you didn’t say anything about that in your defence statement.?”
JP: “The reason I never put any of this in my defence statement. How was I supposed to know this car’s going to be involved in something like this after I’ve been dropped off? I was unaware of the whole situation. My only knowledge of the car is the crash I was involved in on the 19th. It’s nothing to do with me, the car. Whether Witham offered me a lift or not, we still travelled to his. That was for him to deal with. I accept I was in the car at that time and it took longer than it should have. I was in the car for at least an hour. I’m not lying about that. James did wanted to speak to David about the car.”
Mr Greaney asks:“This defence statement is dated August 10, 2023. By that stage you knew that the Hyundai was important didn't you.”
JP: “I did.”
PG: “You knew the case of the prosecution was the killer of Ashley Dale had come from that car in order to shoot her dead?”
JP “I did yeah.”
PG: “You knew also that the movements of that vehicle in the hours before Ashley was killed were important?”
JP: “I did yeah.”
PG: “You accept the evidence shows you and Witham leaving Pilch Lane. Then you say the defendant cannot recall anything significant about what he and Witham did after they left Pilch Lane but believes they may have bought some cannabis from a person he doesn’t wish to implicate. Why did you not mention the visit to the flat of David McCaig?”
JP: “Because it wasn’t a big thing for me to actually go over the times. The car was nothing to do with me. Whenever I was in that car, it bore its original plates. I know from looking through the depositions there was more than one car that travelled through that area. It’s not as if I was withholding information, I just never mentioned it here. That’s all. I learned from the car after the fact. I’ve also learned that the car had its reg plates changed, and there was more than one of them cars in the area at the time. Realistically, it could have been one of how many cars what were spotted in the area.
PG: “However many Hyundai Performance may exist in the country or Merseyside, the question is why did you not mention the fact you went to David McCaig’s house?”
JP: “There’s no reason for that.”
PG: “Is the reason because you have made up an account try and fit the evidence?”
JP: “No. I didn’t even know what Leinster Road was before this. I’ve never been down there. I was none the wiser to that address. I didn’t know where Leinster Road was. Whether Witham knew I couldn’t say. My knowledge of coming out the flat, I accept that I did go over there when I’ve been to David McCaig’s. That was through Witham, it wasn’t through me.”
PG: “When you arrived in the area of David McCaig’s home and were unable to get in, you told James Witham made a number of calls to David McCaig.”.
JP: “I said he beeped, he got out, clicked the buzzer on the gate and tried to call.”
PG: “Over this period of time, Witham was in contact with Ian Fitzibbon. The person he was not in contact with by phone was David McCaig. Can you explain how that can be?”
JP: “Yep, James also had an iphone which is not present in any of this. He more than likely spoke to him on WhatsApp.”
PG: “He had another phone that the police have never recovered?”
JP: “That’s right.
The court will now take a short break.
The jury are asked to return at 12.25pm.
 
  • #319
It's so obvious when he's lying. His whole testimony about leaving the flat on the fateful night, whether witham was chucked out or not, why he got in the car, why they went to dave's house, is so dodgy.

Also seems it's been agreed it's ok to throw Witham under the bus.
 
  • #320
Just realised, Peer's first company was called Ideal Install. Could he have been attempting a play on words - "I deal"
 

Members online

Online statistics

Members online
77
Guests online
2,260
Total visitors
2,337

Forum statistics

Threads
632,760
Messages
18,631,375
Members
243,285
Latest member
shhhe
Back
Top