08 November 2023 , 16:46
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Ashley Dale's alleged killer has told a jury that he initially felt like he was living a "nightmare" after learning that she had been shot dead.
James Witham, 41, is one of five men currently standing trial at Liverpool Crown Court over the fatal shooting of the 28-year-old in Old Swan, Liverpool. He has admitted barging down the door of her house and spraying the property with bullets from a Skorpion submachine gun but claims he did not see or hear Ashley inside.
He claims he was attempting to "send a message" to her boyfriend Lee Harrison, who was not present at the time. Giving evidence on Wednesday, Withman told the court he "couldn't believe it" when he heard Ashley had been shot, saying "I thought I was having a nightmare".
Under questioning from his counsel Richard Pratt KC, he told the court that he had been woken by his dad at around 10am the morning after and was told "Sean's girl's sister's just been shot dead in her house".
Ashley Dale (Liverpool Echo)Mr Pratt asked: "Did you know who he meant?" Witham replied: "When he said it then yeah, I did." Mr Pratt continued: "You knew it was Ashley Dale?" and Witham said: "Yeah, sorry."
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Mr Pratt the said: "When he told you that, what did you think?" Witham responded: "I just went and got a cold shower and sat on the floor for about 40 minutes in the shower. My head was still battered. It still is now to this day. I still don't believe it's happened."
Mr Pratt asked: "What conclusion did you draw?" Witham said: "I just thought it's me that's done it, obviously. I couldn't believe meself. I've never felt like that in my life, thought I was having a nightmare. I didn't know what to do with meself."
Joseph Peers (Liverpool Echo)Witham said he then drove to the home of co-defendant Joseph Peers and "asked is there anywhere I can store that car", referring to the Hyundai i30N Performance used during the shooting. He reported that arrangements were then made for the vehicle to be stored at an address in St Helens.
Paul Greaney KC told a jury of five men and seven women during the prosecution's opening last month that Witham and "driver" Peers, were "dispatched" to assassinate Harrison and "leave no witnesses", reported the Liverpool Echo. They had allegedly received their orders from Niall Barry, Sean Zeisz and Ian 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.
Niall Barry (Liverpool Echo)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."
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Witham and Zeisz, both from Huyton, 26-year-old Barry, from Tuebrook, 29-year-old Peers, from Roby, and 28-year-old Fitzgibbon, from St Helens, have pleaded not guilty to murdering Ashley Dale. They have also pleaded not guilty to 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, from Kirkby, denies assisting an offender. The trial, before Mr Justice Goose, continues.