05 October 2023 , 12:30
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A council worker was "deliberately and mercilessly" shot dead at her home after a row at Glastonbury Festival reignited an old feud, a court has heard.
Five men are facing trial accused of murdering Ashley Dale, who was found with a gunshot wound in the back garden of her house in Old Swan, Liverpool. The city's Crown Court was told the 28-year-old is not believed to have been the intended target, but that after Ashley was shot, five bullets were fired into a wall as a "firm message" to her boyfriend.
James Witham, 41, has pleaded guilty to Ashley's manslaughter but denies murder. Ian Fitzgibbon, 28, Sean Zeisz, 27, Niall Barry, 26 and Joseph Peers, 29, are also in the dock and accused of Ms Dale's murder.
Today, Paul Greaney KC opened the case for the prosecution by telling a jury that Witham and Peers were "dispatched" with a Skorpion sub-machine gun to kill Ashley's boyfriend, Lee Harrison, who was not at home on August 20 last year. The court heard that Harrison had become the target after previous grievances rose to the surface after the group had attended Glastonbury.
Liverpool Crown Court heard how shortly before midnight, two men approached Ashley's car and slashed its tyres, causing the alarm to sound. Mr Greaney said: "The men who had done that hoped that anyone within 40 Leinster Road would be lured outside, where they could be attacked and killed.
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Ashley's sister, mother Julie Dale and stepfather Rob Jones arriving at Liverpool Crown Court on Monday (PA)"However, it is clear from text messages that Ashley sent at about this time that although she heard the alarm, it did not occur to her that anything sinister was afoot." They returned 50 minutes later and one of them started to kick in the front door, at which point Ashley became aware of what was happening, the court was told, according to the Liverpool Echo.
Mr Greaney said: "She screamed and fled towards the back door of the house, but the man entered the house and he pursued her. He was armed with a machine gun and opened fire. Ashley was struck by a bullet. It passed through her abdomen, causing catastrophic damage."
Afterwards, Witham allegedly walked upstairs and into a bedroom, where he "fired five bullets into the wall". He did this, the prosecution suggested, to "send a firm message to Lee Harrison" that he had been the "principal target of the attack and he too should be dead, along with Ashley."
Although injured, Ashley is said to have made it to the back garden of her home, where she collapsed to the floor and was spotted by someone who made a 999 call. Mr Greaney continues: "When [police arrived], the killers had gone, but the officers found Ashley. They attempted resuscitation, but sadly she was beyond help.
"Ashley Dale was aged 28 at the date of her death. There can, suggests the prosecution, be no doubt that Ashley’s death was murder. She was shot deliberately and mercilessly by a man who entered her home intending to kill."
Ashley's family members wiped away tears during the prosecution's opening (Liverpool Echo)Turning to events of Glastonbury in June 2022, Mr Greaney told how Barry "used new events to reignite an old feud". He said: "Ashley Dale and Lee Harrison, her boyfriend, attended the Festival, as did at least four of the defendants - Sean Zeisz, Niall Barry, Ian Fitzgibbon and James Witham.
“A group of other young men from Liverpool was also present, one of whom was a person called Jordan Thompson, who was known as Dusty. Lee Harrison seems to have had an association with the group of which Dusty was part. Whilst at the Festival, Sean Zeisz was assaulted and his attackers included Jordan Thompson – Dusty.
"This attack appears to have occurred because Sean Zeisz was, as it was later expressed, arguing with everyone for Niall Barry, who was known as Branch. To compound the loss of face for Sean Zeisz, in the aftermath of the assault, his girlfriend - a woman called Olivia, known as 'Liv', McDowell - stayed with the group of which Jordan Thompson, Lee Harrison and Ashley Dale were part. It is clear that Sean Zeisz felt deeply humiliated from what had happened at Glastonbury."
Messages were shown to the jury, including an exchange between Ashley and her friend Sophie on June 27 - a day after Glastonbury ended. Ashley wrote: "Zest got smacked saturday and again last night by all Joker and that. Dusty hit him too. I dunno if Liv got hit. She ended up legging Zest."
Mr Greaney said: "Ashley was reporting to Sophie that Zest, Sean Zeisz, had been 'smacked' and that one of those involved had been Dusty, Jordan Thompson. Furthermore, Sean Zeisz's girlfriend, Liv McDowell, had ended up leaving him and staying with her (Ashley) and Lee Harrison and Dusty. From those beginnings, things began to develop in a dreadful direction."
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A series of voice notes were also played to the jury, which were exchanged between Ashley and Liv McDowell on the evening of June 29. Ashley recorded herself saying: “He’s obviously just fuming isn’t he. He’s taking it out on you. What are you meant to do? You’re proper stuck in between. You tried your best to try and keep the peace. It’s all kicked off.
Police at the scene in August last year (Liverpool Echo)"It’s heavy cos at the end of the day you’ve stood by him through everything. You’re proper torn and stuck in between the two. Emotions are heightened from Glasto anyway. He’s gonna be on one. You’re gonna have to give him a few days. I know your heads probably t**ted. Let him cool down for a few days.”
Mr Greaney added: "Ashley is plainly here referring to the events at Glastonbury. She makes clear that “emotions will be running high from Glasto”. She makes plain too her opinion that Sean Zeisz, Zest, would be “fuming” as a result of what had happened at Glastonbury.”
Ms McDowell’s reply was also played, in which she said: “What does he want me to do, leave everyone? Would he rather me walking round on my own? I’d rather split up with him…. Youse are me mates and I love youse. Why is he speaking to Saz then if Branch is his mate, but he’s arguing with everyone for Branch?
"I really don’t get it. You’re going to fall out with everyone over Branch. I don’t want all of this Ash. He might not be a**ed but I am. My life is so hard. It’s just a mad one isn’t it? I don’t know whether I’ve made my mind up."
Witham, of Huyton; Fitzgibbon, of St Helens; Zeisz of Huyton; Barry of Tuebrook; and Peers of Roby - all Merseyside - deny Miss Dale's murder. All five also deny conspiracy to murder Lee Harrison and conspiracy to possess a prohibited weapon, a Skorpion sub-machine gun, and ammunition. A sixth defendant, 25-year-old Kallum Radford, denies assisting an offender.
Ashley's family members wiped away tears during the prosecution's opening. They said in a tribute last year: "A huge hole has been left, life will never be the same again. We miss you Ash with all our hearts, and vow that justice for 'Our Ash' will be served."
The trial continues.