07 November 2023 , 12:50
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A man accused of murdering Ashley Dale says he fled to Dubai after she was shot dead because he feared that "people were gonna retaliate".
The Knowsley Council worker died aged 28 after being shot in the abdomen and collapsing in her back yard on Leinster Road in Old Swan shortly after midnight on August 21 last year. Five men are currently on trial at Liverpool Crown Court accused of her murder.
James Witham has admitted kicking down the door of her house, where she was spending the evening alone with her dachshund Darla, and spraying the property with bullets from a Skorpion submachine gun. The 41-year-old is expected to claim he did not see or hear Ashley and was instead attempting to "send a message" to her boyfriend Lee Harrison, who was not present at the time.
Ian Fitzgibbon, who is also accused of Ms Dale's murder, began giving evidence to the jury yesterday. His counsel, John Cooper KC, asked him during his questioning about his departure from the UK on a flight from Birmingham to Dubai on August 23 2022, after which he remained out of the country until being extradited from Spain in August this year.
Emergency services at the scene on Leinster Road (Liverpool Echo)He told the court that he "was scared I’d be dragged into something I’m not involved in because I’ve been round him the day before", referring to Witham. Fitzgibbon had been in his company at a flat on Pilch Lane in Huyton before the shooting and had also driven him to Taskers Sports in Aintree earlier on August 20, where the gunman had purchased a pair of On Cloudflyer trainers which he would later wear during the "attack on Leinster Road".
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The flight booking had been made by his younger sister Claudia in the early afternoon of August 21, after he had allegedly been told that Witham had attended the apartment in the hours after he had left and confessed to "shooting Saz's house up" - Saz being Harrison's nickname. He said of this: "I was just scared, I wanted to get away from the situation. I said to Claudia, (Sean) Zeisz and (Niall) Barry have just turned up at my flat. Witham has killed Ashley.
"Can you book me a flight? I was just scared. I’ve had him in my sister’s car. I knew people were gonna start falling out. People are gonna retaliate over that. I didn’t want to get caught up in nothing for being round him the day before." Mr Cooper said: "Who did you think might come knocking on your door." Fitzgibbon replied: "No one. Maybe the police.
Ms Dale is not believed to have been the intended target of the hit (Liverpool Echo)"I didn’t think they’d knock on my door. If they did, it’s because I’d been around James Witham the day before." Mr Cooper asked: "How did you think that might look for you?" Fitzgibbon said: "It looked bad for me. I’m worried about getting called a grass or something happening to my little sisters or me mum, I’d never put their lives in danger by telling the police about that argument."
Mr Cooper: "Claudia books this flight for you. Why Dubai?" Fitzgibbon: "I was always going to Dubai anyway. My sister's birthday was on the 27th. We have friends and family over there. I was always meant to be going on the 23rd. We spoke about this on the prison phone to me father. We asked the CPS, but because it’s so long they couldn’t get the recordings for us."
When asked "why in particular Birmingham?", Fitzgibbon said "they was the cheapest flights". Mr Cooper then said: "Why didn't you return to the UK until you were extradited?" Fitzgibbon replied: "I was scared. I knew I should have come home and spoke to the police.
"I was a coward. Alls I can say is sorry about not coming home. I didn't want to tell the police about an argument I heard second hand. I didn’t want to get called a grass, I didn't want nothing to happen to my mum and little sisters." Mr Cooper: "Were you in any way involved in the shooting or killing of Ms Dale?"
Court sketch of Ian Fitzgibbon (PA)
Ms Dale was struck by a bullet which passed through her abdomen, causing catastrophic damage (PA)Fitzgibbon: "No sir. I’d never see no harm come to Lee or Ashley, they’re my friends." Mr Cooper: "Did you ever have any ill will for Lee Harrison?" Fitzgibbon: "I’ve only ever looked out for Lee. He’s still my friend now." Paul Greaney KC, prosecuting, then asked him during his cross-examination this afternoon: "At any stage, have you been the user of an EncroChat device?" Fitzgibbon said: "When I was a kid, yeah. I had one around 2016, 2017, to source cannabis.
Mr Greaney asked: "What was your handle?" Fitzgibbon replied: "I can't remember sir. It’s years ago." Mr Greaney continued: "You were the user of an EncroChat device. The way in which you communicated was by your handle.
"You’d have to communicate that to people you wanted to speak to. Tell us what your handle was please." Fitzgibbon responded: "I couldn’t remember sir. It’s literally years ago." Mr Greaney: "This drug dealing which made you successful, was it that which enabled you to fund your travel to Dubai and stay there? Moving back and forwards to Spain for nearly 12 months?"
Fitzgibbon: "In Dubai, I had friends and family. I didn't need to pay for anything. In Spain, I carried on selling cannabis. That’s how I survived in Spain." Mr Greaney: "Did you have a nice lifestyle in Dubai?" Fitzgibbon: "I stayed with friends and family. A few of us went out for my sister’s birthday meal, I didn’t have to pay for nothing." Mr Greaney: "You did move between Spain and Dubai."
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Fitzgibbon: "My girlfriend’s from Spain, yeah. I went from Portugal to Spain." Mr Greaney: "In the past, had you lived in Spain?" Fitzgibbon: "I went over and seen me girlfriend in the past. Yes sir." Mr Greaney: "Did you stay for a prolonged period?" Fitzgibbon: "Three months."
Mr Greaney: "Were you funding that through drug dealing?" Fitzgibbon: "Yeah, I was sir. I stayed with me girlfriend. I used to pay for me food and stuff. It depends what kind of lifestyle you're trying to insinuate." Mr Greaney: "You told the jury you were shocked and scared when you learned what James Witham had done, and that played a part in why you were travelling to Dubai. While you were in Dubai, did you remain scared?" Fitzgibbon: "Yeah. I did sir, to be honest." Mr Greaney: "Did you remain shocked by the terrible thing that happened to Ashley?"
Fitzgibbon: "Of course I did. Ashley was my friend, so was Lee." Mr Greaney told a jury of five men and seven women during the prosecution's opening last month that Witham and "driver" Joseph Peers, were "dispatched" to assassinate Harrison and "leave no witnesses". They had allegedly received their orders from Niall Barry, Sean Zeisz and Fitzgibbon - who were said to have been "directing operations" from the Pilch Lane flat.
The court heard that, at around 11.40pm on August 20 2022, two men approached Ashley’s white Volkswagen T-Roc car - which was parked outside the house - and slashed its tyres, causing the alarm to sound, in an effort to "lure" the occupants out. But it is thought Ashley believed the alarm had been set off by heavy rain and did not leave her house.
Mr Greaney said: "The men who had damaged the car were not deterred. Fifty minutes later, at about 12.30am, they returned. This time, they were not to be diverted from their intention to kill. One of the men approached the front door of 40 Leinster Road and he kicked it in. Ashley plainly became aware of what was happening. 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." Mr Greaney said that "certain events at Glastonbury Festival" in June 2022 had "played an important part" in the alleged motive behind the attack, adding: "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 were 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. 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." The court also heard that Barry then sided with Zeisz, with this "fresh" dispute having compounded a "separate and longstanding antagonism towards Lee Harrison". Mr Greaney said: "Niall Barry used these new events at Glastonbury to reignite that old feud and, as tensions simmered in Liverpool, Niall Barry made a series of threats directed towards Lee Harrison."
Witham, of Ashbury Road in Huyton, Zeisz, of Longreach Road in Huyton, 26-year-old Barry, of Moscow Drive in Tuebrook, 29-year-old Peers, of Woodlands Road in Roby, and 28-year-old Fitzgibbon, of Heigham Gardens in St Helens, have pleaded not guilty to murdering Ashley Dale, conspiracy to murder Lee Harrison and conspiracy to possess a prohibited weapon, namely a Skorpion submachine gun, and ammunition with intent to endanger life.
Witham has admitted the lesser charge of manslaughter. A sixth defendant - 26-year-old Kallum Radford, of Trentham Road in Kirkby - denies assisting an offender. The trial, before Mr Justice Goose, continues.