10 October 2023 , 07:32
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This is the moment police found a flick knife in a bag containing the passport of a man accused of organising the murder of council worker Ashley Dale.
The 28-year-old was hit in the abdomen by a bullet when gunman James Witham, 41, kicked down the door of her home in Liverpool on August 21 last year, a trial at Liverpool Crown Court has heard. Witham has admitted her manslaughter but he and four other men - Niall Barry, 26, Sean Zeisz, 28, Ian Fitzgibbon, 28, Joseph Peers, 29 - deny her murder.
Last week, 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 a row at Glastonbury Festival reignited an old feud.
The jury saw footage from a body-worn camera depicting the arrest of Witham during a separate incident on June 25, 2022, in Pilton near the festival site. It had earlier been described how Witham and Barry had been travelling there in a taxi when they were pulled over by Avon and Somerset Police.
Niall Barry, who denies organising the murder of Ashley Dale, being detained by police during a separate incident last year (Merseyside Police)According to the Liverpool Echo, Mr Greaney said: "It seems that whilst attending Glastonbury, Niall Barry stayed at a pub with rooms not far from where the festival was taking place. The pub was called the Pig and Wheel and he stayed there with five others, including James Witham, the man who shot and killed Ashley.
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"On the morning of Saturday 25th June, Niall Barry and James Witham were in a taxi, travelling from the Pig and Wheel towards the festival. Uniformed officers stopped the vehicle they were in. In the rear of the taxi, along with Niall Barry and James Witham, was a holdall.
"Officers searched the holdall and, within it, they found a passport in the name of Niall Warner. Warner is the surname of Niall Barry’s father. So, in other words, the officers had found Branch’s passport in the holdall. In the bag, they also found a knife." Branch is a nickname used by Niall Barry.
The prosecution began introducing evidence to the jury, including the clip of the arrest from a PC James Whatley. The footage shows Witham, who is wearing a blue two tone jacket, a blue cap, and carrying a man bag, being searched by officers. PC Whatley then begins searching a blue holdall found in the back of the taxi.
Ashley Dale was shot dead at her home in Liverpool last year (Liverpool Echo)Wearing blue disposable latex gloves, he is seen flicking through a passport in the name of Niall Warner. The jury has heard Warner is the surname of Barry's dad. PC Whatley then picks up a black handled flick knife, pressing a button on the side to release the three inch blade. He says: "Oh hello, Mr Niall". A colleague adds: "That'll do, that'll come in."
PC Whatley then approaches Barry, who is sat in handcuffs on the back seat of a police car, and tells him "you will be arrested on suspicion of possession of that", before waving the knife in front of him. Barry responds: "That's not my bag, that's what I was saying to him before my passport is in his [Witham's] bag."
Witham, who is standing near the front of the car in handcuffs speaking to another officer, shouts over that the bag is indeed his. He also tells the officer there is ketamine in the bag. PC Whatley tells Witham: "I am going to arrest you then on possession of this [the knife]". He reads Witham his rights, who said: "Ah I didn't know it was even in there."
The jury saw footage from a body-worn camera depicting the arrest of Witham during a separate incident on June 25, 2022 (Merseyside Police)So far, the trial has heard how Barry and Mr Harrison had "heavy beef" for years, according to Miss Dale, and previous tensions resurfaced when both attended Glastonbury in June last year. In messages to her friend Mol on August 1, Miss Dale said: "I don't want to have to go to Lee's funeral next and I just have a bad, bad feeling about everything.
"Me nerves are gone, when am out in the car with Lee just feeling like I'm looking over me shoulder all the time." In voice notes played to the court, Miss Dale told another friend she had asked Mr Harrison to be "honest about everything" so she could prepare for "the worst".
She added: "I don't normally want to know but I need to know what's going to happen." In the messages, she said Mr Harrison did not want the feud and would "squash it" if Mr Barry wanted to. She continued: "Lee could end up in jail or whatever, like, worse."
A police cordon at Miss Dale's home in Liverpool (Liverpool Echo)The jury was shown photos recovered from Miss Dale's phone following her death which showed some of the defendants with her and Mr Harrison. In one photo Miss Dale and Mr Harrison posed with Witham as he made the peace sign. Detective Constable Lauren Hunter told the court it was not clear when the photos had been taken.
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The prosecution allege Miss Dale died after Barry, Zeisz and Fitzgibbon dispatched "foot soldiers" Witham and Peers armed with a Skorpion sub-machine gun to kill Miss Dale's boyfriend, Lee Harrison, at his home and "to deal with anyone that got in their way, leaving behind no witnesses". Miss Dale was at the couple's home alone when the attack happened.
Witham, of Huyton; Fitzgibbon, of St Helens; Zeisz of Huyton; Barry, of Tuebrook; and Peers, of Roby - all Merseyside - deny conspiracy to murder Mr Harrison and conspiracy to possess a prohibited weapon, a Skorpion sub-machine gun, and ammunition, as well as the murder of Miss Dale. Kallum Radford, 26, of no fixed address, denies assisting an offender.
The trial, expected to last six to eight weeks, will continue today.