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

[Legally Bland]

11:49JONATHAN HUMPHRIES

'Gossip and multiple hearsay'​

Mr Davis moves on to August 6.
AD: “Whatever the rumour was about, letting off a firearm or showing a firearm, whatever Dusty had done and no one seems to know for sure, everyone agrees it’s wrong. Lee is distancing himself from Dusty. This Lee and Dusty as a single entity, to make the Crown’s fantasy motive work, just falls down here.”
He reads from a message Ashley Dale sent on August 6.
AD: “Dusty should not have went and done that outside Rikki’s. He was probably gonna do something if he seen Zest come out of the house. He’s totally in the wrong. Lee’s even kept him at arm’s length.”
Ashley to Sophie: “Lee hates Branch, but Lee just tries his best to stay out of it all. [Ashley said to Lee] You need to be honest, you need to tell me everything. Lee’s always spoke to Zest.
Mr Davis: “This is August 6, two weeks or so before the shooting.”
Ashley: “After that happening at Glastonbury, Lee lost everyone because he stayed with Live, she was crying on the floor. Zest popped up with a fire extinguisher in hs arms.”
Mr Davis: “Lee lost everyone. No one has ever said that. What do you take from that? Lee is not telling her the truth on everything. She has no idea what happened in terms of the punch because she didn’t see it.”
He reads: “Lee said to Wally, nah don’t don’t be smacking him here. Wally still ended up smacking him. Lee half tried to keep the peace. Dusty got himself involved for no reason. Dusty and Zest seen each other after it happened and nothing happened. Then Liv got seen walking with dusty the next day, that’s why zest legged her. By Liv going and seeing dusty has brought all this on. He half went and done it by what went on that week. The Branch situation with Lee is a totally different story. Lee’s mates with dusty, zests obviously thinking well f*** Lee. Lee’s got dragged back into it
Mr Davis: “The takeaway is this. Lee acted as a peacemaker. Lee tried to warn off Wally from hitting Sean Zeisz. There is no hint of Lee warning off Dusty, because Dusty wasn’t involved. As Sean Zeisz said there was no issue. It is the later betrayal by Liv and Dusty about Rikki that gets Sean Zeisz fuming with Dusty, not Lee. She says the Branch situation with Lee is totally different. This is her view of what Sean Zeisz is thinking.
"She didn’t go into his head. She didn’t speak to him. This is her assessment of what Sean Zeisz is thinking. It doesnt’ come from anything Sean Zeisz has said or done. It’s her assumption. She says ‘obviously Zest is thinking f*** Lee. I’m not sure how much you can rely on what is obvious and what isn’t. What is obvious to you and I might not actually be obvious to what Sean Zeisz was thinking. There’s no suggestion of any threat from Sean Zeisz to Lee. No bad words said about Lee, no animosity. The only evidence is the exact opposite. How reliable is this gossip, this multiple hearsay, this rumour in interpretation? Not at all we suggest, and definitely not obvious.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[HongKongPhooey]

I feel SZ’s defence is rambling on without much real impact. Interested to know how anyone else finds it.

 

[Legally Bland]

12:07JONATHAN HUMPHRIES

Zeisz was a 'stoner who was friends with everyone'​

Mr Davis: “What did the police manage to squeeze out of the reluctant Lee Harrison? As far as Sean Zeisz is concerned, three things really. He wondered why Sean Zeisz had not been re-interviewed in between. You may think he knows Sean Zeisz had known something about what had gone on. Interviewed, not charged, not prosecuted. He said Sean Zeisz had never threatened him or Ashley Dale. Crucially, he threw in this. Sean and Liv had been to Leinster Road, as Sean Zeisz said, quite a few times before and after Glastonbury.
“Where is this ‘f*** Lee?’ Some time after that they’re drinking together at Leinster Road as two couples. There is no beef between the four of them. Within two weeks, Sean Zeisz is meant to have transferred his hatred of Dusty onto Lee, whom he was drinking with perfectly amicably. It is friendly, drinking together, no beef at all. This is from Lee Harrison himself. No one has suggested this wasn’t true.”
Mr Davis says on October 19, police spoke to Sophie O'Connor.
Mr Davis “While at Glastonbury, Lee stood by Sean Zeiszand stayed with him as he thought it was out of order. Sophie described Sean Zeisz as a coward and said he was scared of everyone.”
He refers toDusty's relationship with Olivia McDowell.
"Zeisz did not confront Dusty, even verbally. Dusty is the one Mr Zeisz has every reason to hate, but he’s too cowardly to do anything apart from send a mate around to damage Liv’s property.”
Mr Davis: “Olivia says this to the police on January 9 2023. Olivia McDowell was teary and nervous. When asked about Ashley’s murder, her immediate response was Sean had nothing to do with it. They were friends and Sean had a good heart. He had just fell in with the wrong people. Sean Zeisz was friends with Lee Harrison and had been for many years. Ms McDowell said Ashley Dale was not worried in dangers. She, Ashley Dale, Lee Harrison and Sean Zeisz had gone to Glastonbury together. Whilst there, there was an altercation between Joker and Wally and Sean had his nose popped. Dusty did not have any involvement in the altercation. She maintained she was no longer with Sean Zeisz and hadn’t been since Glastonbury. She went on to say all her friends had fallen out with her as they believed she was still speaking to Sean Zeisz.
“What she said was so reliable and the unvarnished truth. Her immediate reaction, her honest reaction was Sean Zeisz had nothing to do with it. He wouldn’t be involved in any way. One of the people right in the middle of it. Sean was friends with Lee and had been for years. The Glastonbury altercation was with Joker and Wally. Dusty was not involved. Sean ran off as he lost face. This is what she tells the police, the unvarnished truth. A good man, a good friend of Lee’s for many others, nose popped by others not Dusty.
“The Crown’s case is there was heavy beef from Glastonbury. You know, it’s simply not true. This is the gloss they try to use to colour your view of what Sean Zeisz does or does not do. They need to, because the actual evidence doesn’t support their case theory.”
“This is not some tea sipping cabal plotting the demise of Lee Harrison. This is a bunch of stoners, sorry but it’s true, sitting around taking drugs, drinking, snoozing, watching boxing and UFC. Sean Zeisz is in the bedroom for much of the time snoozing, Facebooking, smoking. He’s been in that flat. He’s no doubt drooled on the bed. He’s told when Mr Witham comes back, he’s done something stupid. Nothing more. He later finds out it’s much worse than that.
“The Crown criticise him on two fronts, the cigarettes and shop opening hours. It’s not his flat. In his prepared statement in February this year, Mr Zeisz thinks he tried to call Joe immediately. The Crown say ‘No it was an hour or so later’. I eventually got Joe and asked him for cigarettes. He may have got the initial call time wrong. That is six months earlier. It’s hardly a valid point for the prosecution, but that’s it. He didn’t mention the plan to get Witham to go to the police. No one suggested a thought out plan, he’s hardly going to say that in his interview. How likely is it Mr Zeisz would risk being called a snitch. A dangerous thing in his community.
“What would the Crown have him doing? Sitting in church praying? He carried on with his day. You may remember the evidence of his mother. He was more quiet and withdrawn, noticeably so. He’s gone to his family for support. Very plausible, you may think. Likely in fact.
“Who does he turn to when all of this breaks, when he found out what happened to Ashley Dale? 10.15 in the morning. Sean to Liv, ‘need to see you. Ring me today’. There you have it. The Crown desperately need to build up the history and finesse it and twist it as far as Sean Zeisz is concerned because he does nothing. He controls no one, he directs no one, he encourages no one.
“He’s not in any gang, he doesn’t have anything to do with firearms. He is friends with everyone. They complain about him not taking sides.”
Mr Davis: “Mr Zeisz had beef with one person alone, and that was Dusty. No beef with Lee. No falling out with lee. No evidence for the falling out with Lee. Leinster Road? Ashley? It’s just nonsense. That’s not who he had beef with. He was drinking there a couple of weeks before, no issue. It just doesn’t make sense. There’s no involvement of any gun for Sean Zeisz. no evidence. Against all of that, you weigh up the unvarnished truth from Liv. Her immediate reaction, her honest reaction, Sean Zeisz had nothing to do with it. He wouldn’t be involved. Someone in the middle of it all. The Glastonbury altercation was with Joker and Wally, it was one punch. Dusty was not involved at all. What did Sean Zeisz do? He ran off.
“We know you will try Mr Zeisz on the evidence and not the prosecution case theory. Have the prosecution made you sure that despite the evidence that their case is correct so you are sure? We suggest no, far from it. We suggest the evidence will drive you to the conclision you cannot begin to be sure of the Crown’s case theory. If you have any doubt, if you cannot be sure, your verdicts will be not guilty for Mr Zeisz on all counts.”
Mr Davis thanks the jury for their attention and concludes his speech.
Justice Goose calls for a break and asks the jury to return at 12.20pm.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[elliefant]

I feel SZ’s defence is rambling on without much real impact. Interested to know how anyone else finds it.

He hasn’t made me reconsider at all

 

[Legally Bland]

I feel SZ’s defence is rambling on without much real impact. Interested to know how anyone else finds it.

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

 

[Legally Bland]

12:25JONATHAN HUMPHRIES

Case resumes​

Mr Justice Goose is back in court and calls for the jury.
Stan Reiz, KC, defending Niall Barry, rises to deliver his closing speech.

12:31JONATHAN HUMPHRIES

'How could this happen in a civilised society?'​

Mr Reiz “When you first heard what this case was about, the shocking and senseless killing of a young woman in her own home, you may have wondered how such a thing could happen in a civilised society. The scar left on this city by gun crime runs very deep. You may feel you’ve had enough.”
He suggests the jury may feel they want to “send a message that it won’t be tolerated”.
SR: “That would be a perfectly natural reaction to a tragic case such as this but it would be an emotive one. Emotion rarely brings clarity of judgement, but it can cloud thoughts. The issue in this case is not whether we as a society should tolerate gun related crime. No one could suggest there is ever a reason to discharge a firearm in a property, whether it is occupied or unoccupied. That is not what this case is about.
“A number of these defendants have admitted to you that last summer they were engaged in the supply of controlled drugs. You have heard Niall Barry has a conviction for a firearms offence committed in 2020, when we were in lockdown. But there is no justice in convicting someone for one crime on the basis he has committed another. Serious criminal cases such as this are too important to be decided on sympathy and prejudice. Keep your eyes on the ball and base verdicts only on what you are sure the evidence proves.
“The prosecution claim that the killing of Ashley Dale was an offence committed jointly by these defendants is only a theory. It's an interpretation of the evidence they advance in the hope you will adopt it. It is for you alone to decide what you are sure the evidence proves and what you are not sure it establishes.
“We have begun the final lap but not reached the finishing line. It is more important than ever to keep open minds."

12:42JONATHAN HUMPHRIES

'When did plan change?'​

Mr Reiz: “No one can tell you what to do in this case. No one can tell you to adopt their theory. You must decide for yourself what the evidence proves. Who killed Ashley Dale and why are the questions at the very heart of this case. One firearm is responsible for all the discharges in 40 Leinster Road, including the one that killed Ashley. Only one of the men in the dock made the decision to pull the trigger.”
He says the case of Witham is “very different” to the cases of the three me who remained in the flat in Pilch Lane, including Barry.
SR: “Mr Witham explained to you in his evidence why he did what he did. He told you his intention and what he did not intend to do. Whatever you made of the evidence, where he got the gun and whether he went to 40 Leinster Road alone are not the primary issues in his case. That primary issue is whether he knew Ashley Dale was in the firing line when he pulled the trigger.
“You may also think it's important to be careful to draw conclusions from the consequences of someone’s actions. Life is full of many unintended consequences. Regrettably, quite a few of them tragic. Your decision as his intention will determine whether he’s guilty of murder or manslaughter but he was the one who killed Ashley Dale. It was him who pulled the trigger.
“Regardless of what you decide in James Witham’s case, you will have to consider the case borne against the other defendants separately. Like James Witham, the case against Joseph Peers is different to the three who were at the flat on that night. Whatever your decision, you must go on to consider the cases of the three in the flat separately
“The evidence against Sean Zeisz, Niall Barry and Ian Fitzgibbon, does have one common feature. Each has advanced an alibi for the time of the shooting. The evidence conclusively proves that their alibis were genuine. Those three men were in the flat at Pilch Lane when James Witham was in Leinster Road and when the shooting occurred. They were with Michael Kershaw. The three defendants in the flat, and Michael Kershaw who you have heard about, you know did not stab the tyres of Ashley’s vehicle. They didn’t enter 40 Leinster Road, and fire a gun. They were not there to see whether that property was occupied or not. None of them had any influence over James Witham. It was Mr Witham who decided to fire that gun.”
“The prosecution case is he went there in furtherance of a plan. The reason the tyres were damaged was to lure out Lee Harrison so Mr Witham could shoot him. His intention was not to enter the property. The plan must have changed midstream. Who decided to change it, if this was to be a plan to lure out an occupant from the property and harm him or them, when did the plan change and become to enter and discharge a firearm? Whose decision was it? It must have been James Witham’s decision if the prosecution case theory is correct.
“No one in the flat had any contact with him or Mr Peers during the period of time from when the tyres were damaged at 11.40pm. There is no contact between that time and the 50 minutes thereafter before the shooting at 33 minutes past midnight. Whatever Mr Witham decided to do, you may think he must have taken that decision and couldn’t be influenced by those who remained behind. If you’re not sure the purpose of slashing the tyres was to lure someone out, there must have been a reason.
“The three who were in the flat were not at the scene. That in itself does not absolve them of criminal responsibility if they encouraged or assisted Mr Witham intending that the consequence be committed.”
Mr Reiz says that joint enterprise exists in law for a reason, but that the legal test “is different”.
SR: “Those who remained in the flat had to have had knowledge of what Mr Witham intended to do and encouraged him to do it before he left. Imagine if you are in a bar with a friend and someone knocks over your friend’s drink. He lashes out. You are not responsible for that assault notwithstanding the fact you were with him before and after. You didn’t know he was going to do it. It’s a matter of common sense.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

12:46JONATHAN HUMPHRIES

'Lee Harrison was considered uncooperative because he did not confirm police theory'​

Mr Reiz: “For the three defendants who remained in the flat, you may think there is no evidence they provided any assistance or encouragement to James Witham. the prosecution invite you to consider if they may have encouraged him before he left. If your starting point is the three in the flat were all participants, that’s all you can say. None of them were there at the time it occurred. The prosecution say the reason they can be satisfied is the messages on Ashley Dale’s phone reveal the background, which is instructive. When they saw those messages, no doubt they thought they had cracked the case. But the danger of having a rigid case theory is it can make you intransigent. Rather than following the evidence, you become obsessed with confirming your original hypothesis.
“Lee Harrison, you were told, met the police on at least five occasions. He answered questions. He told them about his relationship with Ashley Dale. he described his movements on the night of August 20. He told them who he was with. He told him how he knew the suspects. He provided his DNA to assist them in discovering who was responsible for the shooting. He also provided them with his shoe size, because at the time that was important. He told them he had fallen out with someone he called Branch, and that fallout is something that was still at the forefront of his mind. The messages Ashley Dale sent to friends and associates made reference to it. Lee Harrison told the police that was right, there was a fallout three years before. He maintained he could not believe Barry was capable of killing Ashley because of how old that fallout was. Branch knew Ashley and had been to their home previously as a friend. The conclusion was, Lee Harrison was being totally uncooperative.
Mr Reiz refers to Harrison’s refusal to hand over his phone.”
SR: “He was a drug dealer. That doesn’t mean the other things he told the police were not true.”
He also reminds the jury that Harrison did not mention being with Jordan Thompson, aka Dusty, on the night of the shooting.
SR: “The prosecution case is Dusty had been a gang member, someone engaged in criminality. Is it really surprising Lee Harrison didn’t mention Dusty was there? The reason he was labelled completely uncooperative by [PSI Dave Rawsthorne] was because Lee Harrison didn’t confirm their case theory. The police had an idea of what this was about, and that’s not what Lee Harrison was telling them. He did not agree they were an accurate reflection of what was going on. The police dismiss him as unhelpful.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

13:03JONATHAN HUMPHRIES

'Witham had own motive to attack Harrison'​

Mr Reiz: “You haven’t had the opportunity of seeing Lee Harrison. you could have decided for yourselves whether he was telling the truth about an important issue in the case. You’ll never know how he would have answered or how he would have come across. What you have is the account he gave to the police and the second hand account from Ashley Dale which she refers to in her voice notes, which you may think must have emanated from Mr Harrison.
“When Mr Harrison distanced himself from what Ashley was saying, that doesn’t mean he was contradicting it. There may be a good reason why what Ashley was saying was different. Ashley wasn’t simply repeating what Lee Harrison had told her. What she did was tell her friends how that made her feel. You may think it is entirely subjective. It may be the case that something that caused her anxiety didn’t trouble Lee Harrison. The prosecution have said the person behind the shooting must have been Niall Barry because Lee didn’t have a problem with anyone else. That may be because Lee Harrison didn’t tell her about everything going on in his life. There can be little doubt he did have an issue with James Witham in the summer of last year. Niall Barry had no direct contact with Lee Harrison for years. Even on Ashley’s own account, he had only recently popped out of the woodwork.”
Mr Reiz refers to the calls between Harrison, Witham and Barry on July 26.
SR: “It’s an important date. It’s important because of its proximity to the shooting of Ashley Dale. Ashley Dale made reference to a phone call Lee Harrison had with Niall Barry. look who contacted Lee Harrison first on that day. This appears to be contact out of the blue. It was Mr Witham who called Lee Harrison three times at approaching 5pm. You can see there was a 34 second call, then after that he made two further attempts to contact him. You may think you can conclude Mr Witham had something to say. You don’t just ring someone out of the blue like he seems to be be doing here if you don’t have something on your mind. What was it? Is it just a coincidence that less than four weeks after these telephone calls, James Witham broke into Lee Harrison’s address with a firearm and discharged it. The prosecution invite you to conclude James Witham had no ill will towards Lee Harrison. he agreed to kill Lee Harrison and anyone else who stood in his way because they say he was offered money.
“The evidence the prosecution rely upon was that they tell you on August 23 James Witham went on what they call a spending spree. That must have been funded by payment made to him for what he had done. You’ll remember Mr Witham went to FootAsylum and spent £245 on trainers, socks and other clothing. That the prosecution say is supporting their contention he must have been paid. He then had lunch with his son at Zizzi’s and paid £44.40. Then finally, he deposited £1,000 in cash into his bank account. From that the prosecution invite you to conclude Mr Witham’s actions on August 20, his acquisition of an automatic weapon, his firing of that in 40 Leinster Road, must have been for money. That’s the money they appear to rely upon.
“You may think you need to return to the real world, when you consider such a contention. A 41-year-old man who told you he had an income from the supply of class A drugs, isn't going to kill anyone, let alone two people, for a thousand pounds and change. That is simply unrealistic. Mr Witham had a motive, and he told you what that was. Mr Harrison had robbed him and interfered with his drug bus in North Wales. the prosecution say Mr Witham has just made that up in order to deceive you. There was no fallout between him and Sean Zeisz. This all stemmed from Wally punching Sean Zeisz in the nose at Glastonbury, which reignited an old feud.”
Mr Reiz asks the jury to consider a piece of evidence from the agreed facts.
“Merseyside Police received information that at the end of July 2022 Lee Harrison was in dispute with James Witham. the dispute related to the supply of controlled drugs in North Wales.”
SR: “The significance of that you may think that Merseyside Police hold such information is that it rebutts any suggestion James Witham has just made up his motive. On July 26, before Mr Witham made those three phone calls to Lee Harrison, he was in North Wales. What else was in North Wales with him? The Kyle Line. You may think that is significant.
“The reason why the motive for what happened is so important is it can give you context to interpret the evidence the prosecution rely on. Central to their case is that the motive came from Niall Barry. If there was a different motive, might the evidence appear different to you? The prosecution have tried to explain how the motive for the shooting could have stemmed from an incident at Glastonbury, during which time someone called Wally has punched Sean Zeisz in the nose and as a result there was a conspiracy to murder Lee Harrison. While the prosecution have constructed that motive from the voice notes you’ve heard, the reality is it doesn’t in fact make sense. At times, they strained to connect the dots of that case theory.
“The prosecution say Dusty was also involved in the assault on Sean Zeisz and that connects the dots. If that is right, it can only reignite a feud which Mr Barry had with Lee Harrison if he was aware of it. The evidence he was aware of it is in fact non existent. Not at Glastonbury, not for three and a half weeks thereafter.
“What you have is a blossoming friendship, perhaps more, between Dusty and Liv McDowell which perhaps understandably angered her boyfriend of five years Sean Zeisz. His response to that irritation or anger was to ask friends to damage her car and remove televisions and handbags from the flat they shared together. That’s how he conveyed his upset. You may wish to ask yourselves how such childish behaviour could have anything to do with an automatic weapon on August 21.
“The prosecution say Dusty must have angered people because he bullied Rikki Warnick, who sadly committed suicide. Why would Rikki’s friends conspire to murder not Dusty, but Rikki Warnick’s other good friend, Lee Harrison? You may think it doesn’t make sense. The prosecution say what connects the dots is the feud between Lee Harrison and Niall Barry. That’s what makes it all works out. Ashley Dale had very little direct knowledge of what was occurring during that time. She spoke to her friends about things she had been told by others. It seems she reached conclusion about why people were saying certain things or behaving in a certain way.
“One example is that she said to Sophie on July 3 that ‘Branch is out for Lee’.”
Mr Reiz reminds the jury that Ashley suggested Liv and Sean’s relationship ‘kept the peace’.
SR: “It was in actuality just her take on what she had heard. It’s gossip. You may think it's perfectly natural. We all do it, it’s human nature. We all want to speculate about what’s going on in the lives of our friends, others. There’s no harm in doing it if everyone in the conversation understands the context.”
The court will now break for lunch, with Mr Reiz’s speech continuing at 2pm.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legal]

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

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

 

[elliefant]

I don’t know how he can suggest LH was anything other than unco-operative and unhelpful!

 

[HongKongPhooey]

I’m finding this summing up muddled as well. No clear messages coming through for me,

 

[Dotta]

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

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

And the constant mentioning of "beef" makes me thinking of turning to vegetarianism haha

 

[Legally Bland]

14:19KEY EVENT

Barry 'turned the other cheek'​

Mr Reiz says: “You are all now very familiar with the messages Ashley exchanged with her friends. What do they prove in relation to the case of Niall Barry? You may think they can be split into two. What Ashley had been told Niall Barry had said about Lee Harrison. Secondly, what she felt about what she had been told. Her messages, you may think, focussed more on the former than the latter. He had no direct contact with Ashley Dale. His contact with Lee Harrison was very limited.”
Mr Reiz reads messages between Ashley and her friend, Sophie.
Sophie:: “Is that over when he got robbed?”
Ashley: “It’s been three years.
Sophie: “I just heard the hillsiders robbed him
Ashley: “Lee never took his side. They was best mates. Branch had been bumping Lee for ages. Lee used to answer all the phones. Branch was taking the p*** out of lee and he found it all out off Ian.”
Mr Reiz: “Niall Barry and Lee Harrison had been very good friends and business partners. They were together selling drugs. Someone from the Hillsiders had robbed Niall Barry. what was suggested was he didn’t support Niall Barry and had been disloyal. The person who seem to contribute to this was Ian Fitzgibbon. He was the one telling Lee he had been short changed by Branch.
"For all the cross examination of Mr Fitzgibbon whether Niall Barry was the kind of person to turn the other cheek, or whether he was a different kind of character, Mr Fitzgibbon maintained the only experience he had of Mr Barry was the fallout with Lee Harrison. Well, turn the other cheek was essentially what he did. There was no violence or retaliation. They cut ties and went their ways.
“There are only two things according to Ashley’s messages which Niall Barry said or did in summer last year he was still aggrieved with Lee Harrison. the first was what Mr Fitzgibbon reported was said to him at Glastonbury. That was the first threat. It was towards the end of June last year. This is what Ashley is saying very soon after Glastonbury to Olivia McDowell.
Mr Reiz reads another message from Ashley to Liv McDowell, who is also Fitzgibbon’s cousin: “I know Branch has been saying madness about Lee. When they’re in the same fezzy, he’s saying where’s Saz? I'm gonna stab him up to your Ian’.
SR: “That appears to be the first indicator after a number of years since their fallout that Niall Barry is still aggrieved with what occurred in the past. The messages which follow suggest she took that threat seriously. What if he meant it? It’s a matter for you what Niall Barry said and Ian Fitzgibbon accurately reported that. Ian Fitzgibbon may well have had a reason to exaggerate what he said about Niall Barry’s comments. It was Ian Fitzgibbon who contributed to their fallout in the first place.
“In Ashley’s message to Sophie about this history, she does see when Lee spoke to Branch he was denying it, but effectively Lee believed Ian. Perhaps Ian Fitzgibbon had Lee Harrison’s best interests at heart. Perhaps he had an agenda of his own. If you think it’s the latter, you’ll have to think how credible what he said was. If you take his account at face value, Niall Barry was drunk and off his head at a music festival.
"Mr Barry told you that for reasons Ashley explained, he didn’t like Lee Harrison. they were not friends last year and he hadn’t forgiven him for being disloyal. He also said he never intended to cause him harm. If he was so angered, no doubt he would have acted on that at the time or in the weeks, months, years that followed. There is no suggestion to say that he did anything of the sort. He admits he made a threat. Did he mean it? Was he intending to carry it out? If he wasn’t the evidential weight it has in this case diminishes.”

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk

 

[Legally Bland]

14:24JONATHAN HUMPHRIES

Barry made 'empty threats'​

Mr Reiz continues: “What goes on to play out in Ashley Dale’s messages are a number of expressions of powerful anxiety.”
Mr Reiz refers to a message sent from Ashley to Sophie on July 3.
AD: “Branch is out for Lee isn’t he? There’s been murder again. My nerves are gone over it all. Just still over the murder a few years ago when they fell out. He was in Glasto, pulled a big knife out to Ian Fitz and said where’s Saz he’s getting stabbed up.”
Mr Reiz says: “It’s quite understandable why Mr Harrison’s girlfriend would be concerned. You need to see it in context. The prosecution say you can be sure this was Mr Barry expressing an intention to cause really serious harm, this was the motive for the shooting. Ashley goes on to refer to the previous fallout. She says then he was threatening to come here, but he never come. She goes on to say nothing resulted from it. That was ostensibly a threat, but it was an empty threat.
“She goes on to say ‘then he just disappeared for years. Now someone’s obviously rattled his cage. But it’s scary cos he’s on some pure rampage’. She’s taken the report of the single threat he made drunkenly at Glastonbury and made it out as if he’s on some pure rampage. Analyse what she actually said and ask what is she basing those comments on? A vendetta manifesting itself in the summer of 2022 or a single thing said to Ian Fitzgibbon at Glastonbury?”
“The prosecution say Ms Dale’s anxiety over Glastonbury proves Niall Barry was unleashed as a result of the breakup of Sean Zeisz and Olivia McDowell. the problem is that according to Ian Fitzgibbon, the comment made by Niall Barry was on the Friday night. Wally punched Zest on the Saturday night. Whatever threat was made before there was any violence involving Sean Zeisz, before there was any breakup.
“Even though they parted for a time, they went home together. Their breakup seemed to occur after they returned. The prosecution say that Dusty was seen with Olivia McDowell at Glastonbury seemed to contribute to the feud with Lee Harrison being ignited. Think about whether the evidence supports that. Is the evidence suggestive of Sean Zeisz being punched at Glastonbury and suddenly Mr Barry swoops in and says this is a good opportunity to settle a score with Mr Harrison? Or does it say something different?”

Ashley Dale murder trial as it happens

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

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[Legally Bland]

14:29JONATHAN HUMPHRIES

'No mention of Harrison'​

Mr Reiz refers to messages between Zeisz and Barry sent on July 20.
SR: “You can see Mr Zeisz messaging Mr Barry. ‘Dusty been getting me bird. How sick is that?’ You see the response, ‘you’re lying to me’. You may think he hadn’t heard about that before. When did Mr Barry suddenly decide this was an opportunity to settle an old score?
Mr Zeisz then makes a disparaging comment, ‘rat isn’t she, which Mr Barry doesn’t respond to’. What is absent in the exchanges between the two of them is any reference of this having anything to do with Lee Harrison. There’s no mention of him at all.
“Two days later, you know that Mr Zeisz tells Mr Barry that Rikki Warnick had killed himself. The exchange here has two separate topics. There is the one he initially messages about, the suicide of Rikki Warnick, and his upset that Liv McDowell’s car had been parked on Dusty’s path. What Mr Barry seems most concerned about is not getting back at Liv, not doing something to Dusty or Lee Harrison, he’s most concerned about his friend Rikki who has taken his own life.
"You can see Mr Barry says there, ‘I can’t believe this lad’. Mr Zeisz is still going on about the car. The prosecution have now suggested the next message is significant. Mr Zeisz says to Mr Barry, ‘Dust been bullying Rik lad’. That message is not even acknowledged by Niall Barry. to suggest that was part of the shooting of Lee Harrison later you may think is simply unfounded on the evidence. Instead, what Mr Barry does is express his grief for his friend. ‘Lad I can’t believe this, oh my god, Rikki dead man’.
“Mr Barry told you he never did smash Liv McDowell’s windscreen. He was humouring Mr Zeisz. What he was really focussed on was the fact that Rikki Warnick was dead.”

Ashley Dale murder trial as it happens

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

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[Legally Bland]

14:42JONATHAN HUMPHRIES

Ashley's messages based on 'speculation'​

Mr Reiz. “The first threat was at Glastonbury. The second was one month later on July 26. Whatever Ashley was thinking, there’s no suggestion he had said or did anything since Glastonbury for the period of a month. It was Mr Witham who rang Mr Harrison on three occasions. After that Mr Barry rings Mr Witham. It may be more important for the prosecution if it was the other way round. This it appears was just a call from Mr Barry to Mr Witham, as they often did. It’s plain there is a meaningful conversation. Mr Witham explains to Niall Barry what had been going on. What you can see is Lee Harrison trying to contact James Witham again. There are two attempted contacts which are unanswered. What you can infer is the phone call they had for 34 seconds was plainly not the end of their discussion.
“At 16.58, Mr Barry rings Lee Harrison. the first direct contact between them for years. That is not without its significance. What you have been told by Mr Barry and Mr Witham was the dispute was discussed and Mr Witham told Niall Barry that his name had come up in that conversation. A claim had been made about what he had done. Not wanting his name to be used, he calls Lee Harrison to ask why he’s saying these things about him. Mr Barry admitted he used some pretty tough language. He was robust. He did make a conditional threat to come down to the estate if Mr Harrison kept spreading things that weren’t true. Mr Harrison clearly took that as a threat, and later repeated it to Ashley Dale.
“After the call between Mr Barry and Mr Harrison, Mr Harrison attempts to contact James Witham again. Lee Harrison again is trying to contact James Witham. he’s not calling Niall Barry back, he’s calling James Witham. another attempted contact from Lee Harrison to James Wotham. at 17.09 again Lee Harrison is attempting to reach James Witham. the way the case is presented is James Witham had no issue with Lee Harrison. he committed this offence because he was paid or directed by Niall Barry or others to do the shooting. The fact he tried to contact him on four occasions suggests he had something to say to him. There was a discussion he wanted to have with James Witham. That was going on at the same time the police had intelligence to suggest they were in dispute over drugs in North Wales.
“What was Ashley’s reaction to the threat made over the phone? ‘There been murder again, Branch saying he was coming down but he never came’. Similar terms to the threat he made years before. An empty threat on that occasion, and an empty threat on this occasion. Ashley is understandably concerned about it.”
Mr Reiz reads a message from Ashley: “Like if something happens to him. Branch is saying he’s gonna come and do something. Me head was gone. He was saying he was coming down. He never came down. If he was gonna do something, would he not give him any warning.’
SR: “She is repeating the threat to come down. That must originate from that July 26 conversation between them. You have references to only two things said by Niall Barry. what he said at Glastonbury, and what he said on July 26. The prosecution suggested what Ashley Dale meant when he said he was coming down was he threatened to come to Leinster Road. it wasn’t just a coincidence a few weeks later there was a shooting at that property. A careful analysis of the messages suggest the prosecution are wrong about that and Niall Barry was telling the truth.
“Branch wouldn’t have been saying he was coming down the estate and all that.
“You will no doubt remember the significance of what he was saying. That was Niall Barry’s evidence. He would come down to the estate. He was making a conditional threat. He never suggested he was coming to Lee Harrison’s home. He doesn’t involve the homes of people he’s arguing with. He wouldn’t want the home of his family involved either. He did however suggest he might come to the Hillside estate. That is where Lee Harrison spent at least some of his time.”
“Ashley was speculating why Niall Barry had said what he had. ‘If Liv hadn't split and seen Dusty I don’t reckon any of this would have happened’. That was what was going through her mind. It isn’t a statement of fact. Lee hadn’t told her what was really going on. He didn’t tell her he had been causing trouble for James Witham in North Wales. He had spoken to Mr Witham and there was plainly an ongoing issue. Perhaps Mr Harrison wasn’t too keen to let Ashley know about the ins and outs of his criminality.”
Mr Reiz reads from one of Ashley’s message: “The thing with Lee is, we had to proper speak about it. I had to say, you need to be honest. You need to tell me everything. You’ve gotta prepare me for the worst”
SR: “That you may think is an important observation. You may think a reason why Lee Harrison didn’t go into all the detail of what was going on in his life is that if he told Ashley everything, she might quite properly worry about him. Just as she was worried about him because he mentioned two comments made by Niall Barry. No one is diminishing how she felt or whether it was an overreaction. But you’re going to assess the evidential weight of it in deciding what Mr Barry’s intention was.
“On the other hand, Lee Harrison’s attitude according to Ashley was quite different. She says to Lydia; ‘yeah that’s what we’re gonna do. Lee is saying there’s gonna be murder. Too many people argue so he can’t be assed with it’. There might be a scene which detracts from the importance of the day, a celebration of the life of Lee Harrison’s good friend.
“You can see Ashley again reporting what Lee Harrison’s feelings are again. He’s not assed, he’s like I’m not scared of Branch. That’s what Lee Harrison felt about the situation. His girlfriend’s reaction was more substantial. In the three times Ashley told her friends about the call between Mr Barry and Mr Harrison, she never suggested Niall Barry had threatened to do anything in particular. He said he’s coming down to the estate but nothing happened.”

Ashley Dale murder trial as it happens

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

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[Legally Bland]

14:47JONATHAN HUMPHRIES

'The perception you may have had of Niall Barry is not the correct one'​

Mr Reiz reads another message sent by Ashley to her friend Lois, expressing irritation with a friend called Sav, who stood with Barry at Rikki Warnick’s mate.
AD: “Like not being funny, but ye meant to be my mate and my fella hasn’t come cos he’s saying he’s gonna shoot him”
SR: “She says to Lois, Lee hasn’t come because he’s saying he’s gonna shoot him. There is no evidence of direct contact after that July 26 phone call. You may think Ashley would have told her friends about it on one of the three occasions we’ve looked at. The fact she didn’t mention it before August 12 drives you to one conclusion. It is Ashley’s concern about what could happen rather than what Niall Barry said he would do. You may think this comment in fact is only relevant to the case of Niall Barry if you are sure he said it.
“When you are considering whether the prosecution have made you sure, you may wish to ask yourselves this simple question. Which is a more plausible explanation for James Witham breaking into Lee Harrison’s home? Lee Harrison had robbed him of drugs and he was retaliating, or he had been dispatched because [Harrison] was Dusty’s friend and Niall Barry didn’t like him. It wasn’t the latter.
“If you cannot be sure of the motive, where does that leave you in the case against Niall Barry? Everything must have gone through him. The perception you may have had of Niall Barry is not the correct one. Now you’ve had all the evidence, ask yourself what these messages prove about the three defendants in the flat at Pilch Lane on the night of August 20.”

Ashley Dale murder trial as it happens

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

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[Legally Bland]

14:56JONATHAN HUMPHRIES

Barry would nor 'risk having Harrison's friend Fitzgibbon in flat'​

Mr Reiz says: “The prosecution say you can draw some inference in Niall Barry changing his sim card earlier that day. That wasn’t after the shooting, it was before. The sim was bought in the shop next to the flat. He put it into his existing handset. He was using it to contact Mr Witham, Mr Peers and his girlfriend. He didn’t get rid of the sim or the phone. What is the point the prosecution are making about the new number? If he was trying to distance himself from Mr Witham and Mr Peers, why does he ring them on that number? Why does he ring his girlfriend? Why does he keep the phone and sim?
“There are people there in the flat smoking cannabis, drinking alcohol. At 10 past 10, Mr Witham and Mr Peers leave. What followed was three hours and 15 minutes that they were away from the flat. It’s that period you may think is critical about whether the prosecution are right about the three in the flat being in on the conspiracy charge.
“Niall Barry rang both of their numbers. He didn’t get through to either of them. So what? They had been in each other’s company shortly before. If he was directing this enterprise, pulling the strings, why would he give up when he couldn’t get through to them once? He would continue to try and contact them.
“Most of the messages sent in the flat were coincidentally around the time the Anthony Joshua fight was about to start. May those calls and messages have been about the boxing?
“The last contact or attempted contact with Mr Witham by anyone in the flat is a message from Ian Fitzgibbon at 23.08. This is about seven minutes before the bell went for the first round. The last call with either before the shooting was five minutes before the first round. Is that a coincidence, or might the two be connected?
“Thereafter there was no contact or attempted contact between those in the flat and Witham or Peers until well after the shooting. At quarter to one, Mr Fitzgibbon left. If the prosecution are right, he was pulling the strings, wasn’t he interested to know how it all turned out? Why did he leave at this point when there had been no news? You may think that makes no sense because it is based on a theory which is flawed.
“The fact Ian Fitzgibbon is present you may think undermines the prosecution case. It was Ian Fitzgibbon who offered Lee Harrison a knife to use on Niall Barry just in case he started. If this was a planned murder of Lee Harrison, why on earth would they have his friend Ian Fitzgibbon there? Whether he may have expressed an allegiance to one side or the other, it is an enormous risk to take. One they didn’t take. Ian Fitzgibbon was there throughout. If it had been going on, what would have stopped him from warning Lee? As he had done in the past? It is not a plausible risk for anyone planning a murder to take, you may think.
“The prosecution invite you to conclude there could not have been an innocent reason for the attempts there were. That is just guesswork. If there was regular contact between those in the flat and Witham and Peers during the time they were away, the prosecution could suggest there was something going on. But that wasn’t the case. In the whole period, there was only three connected calls between those in the flat and Joseph Peers. Not James Witham. the boxing started, there was another 19 second call just before 1am and another just before Mr Witham and Mr Peers return to the flat. There were no connected calls between those in the flat and Mr Witham at all during that period. The last attempted communication with Mr Witham was that text at 23.08 from Mr Fitzgibbon, to which Mr Witham never replied.
“The prosecution attach significance to the attempts to contact friends or associates, not frequently. There were very few connected calls between Mr Zeisz and Mr Peers but none between anyone else. There were six connected calls with someone known as Barry Westall. Mr Witham’s phone placed three calls to Barry Westall, all of which appear to have been connected."
He says there are further calls around 1.20am.
“The evidence of James Witham and Joseph Peers was Barry Westall was to supply them with drugs. The prosecution say that’s just made up, it’s a lie. Look at what Mr Witham was about to do or just had done. It could not be the case they were in contact with Mr Westall because they wanted to buy drugs. What was that contact about? You don’t know. You do know there is no association between Barry Westall and either Niall Barry, Sean Zeisz or Ian Fitzgibbon. there was no contact between them and this man at all at any stage.”

Ashley Dale murder trial as it happens

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

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[Legally Bland]

15:07JONATHAN HUMPHRIES

'Unsavoury existence' does not make Barry guilty of murder​

Mr Reiz says: “If you are part of a conspiracy to murder, you would immediately recognise how serious that is. If you’re caught you know you will be in serious trouble. Anyone who engages in that sort of plot would want to know exactly what was going on what was happening and have a commentary so they were constantly updated. What if they need to make good their escape? What if it goes wrong, or goes as planned and the polce are looking for them? It is true some of them made efforts to flee. But plans seem to have been made spontaneously after it happened. If it was planned, you may think those plans would have been made before.
“What was Niall Barry doing during the three hours and 15 minutes they were away? At midday on August 20, he spent about 10 minutes on the Liverpool ECHO home page in the crime section. He then didn’t go online until 22.50 and again visited the Echo website. He looked at cars on AutoTrader. He searched for streams of the Joshua Usyk fight then didn’t go online again until 10 to one, 40 minutes after the result of the fight was announced. The first internet activity after the shooting saw him visit the Echo homepage and access an article about a home in a private gated community. He accessed an article about a man and a woman being charged, presumably with doing something lewd, in Concert Square.
Mr Reiz says the morning after he “saw an article about a woman being shot dead in Leinster Road and realised Witham had killed Ashley Dale.”
SR: “Within minutes he called his girlfriend. Within 15 minutes, Sean Zeisz messages Liv to say he needed to see her that day. By 15.09 the following day, Niall Barry had acquired a number for Gus and was making arrangements to leave the country. Each in the flat told you they immediately appreciated the seriousness of it. They were concerned they may get dragged in because of their association with James Witham the day before. Mr Barry was also concerned that because he had been in the Hyundai the day before the police might knock at his door, even though he himself played no part.
“The fact they reacted in that way was indicative of panic. Not by law abiding citizens who can explain the truth of it. Mr Barry was a serious criminal. Isn't it possible the reason for his panic is because the police would think, as they ultimately did, he was associated with Witham, he was a serious criminal, so he must have played some part.
“Whatever the plan was so far as James Witham was concerned, you may think the events after the shooting reveal that something unplanned and unexpected had occurred. The case against Niall Barry is nowhere near as strong as perhaps it has been made out. What you are left with is his conviction, using EncroChat to sell drugs and communicate with people able to access firearms. He’s been convicted of that offence and he expects the consequence of it.
“The prosecution say that means it must have been Mr Barry who supplied Mr Barry with the gun. On James Witham’s own account, he was a Class A drug dealer who associated with other serious criminals. To suggest because Mr Barry has a conviction for a firearms offence, he was the only person James Witham knew with access to a gun you may think is fanciful.
“Whilst it’s a matter for you what relevance you consider his conviction to have, I suspect his Lordship will guide you, you cannot convict solely or mainly because he has that conviction. Niall Barry has had an unsavoury existence. He has got himself into considerable trouble. When you make that your lifestyle, trouble tends to find you whether you’re looking for it or not. That does not mean an offence committed by one of his associates was committed by him as well.
“The prosecution bring the case and must prove it. The standard by which the prosecution must prove their case is a high one for a good reason. The prosecution must prove to you so you are sure. Anything less than sure, you are required to acquit. What he has done in the past was wrong and unlawful. But there is no justice in convicting someone of one crime because he has committed another. Convict if the prosecution make you sure of guilt. Whatever you think of him as a person, isn’t it possible he didn’t know what James Witham was intending to do until after had happened. If that is possible, the only counts are not guilty.”
Mr Reiz thanks the jury for their attention and concludes his speech.
Justice Goose calls for a short break and asks the jury to return at 3.20pm.

Ashley Dale murder trial as it happens

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

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[Legally Bland]

15:22JONATHAN HUMPHRIES

Ian Fitzgibbon defence speech to begin​

Mr Justice Goose is back in court and calls for the jury.
John Cooper, KC, defending Ian Fitzgibbon, rises to deliver his closing speech.

Ashley Dale murder trial as it happens

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

www.liverpoolecho.co.uk