Ashley Dale murder case jury out - five key elements in fatal shooting
Five men accused of murdering a 28-year-old council worker in her own home are all waiting to hear if a jury has found them guilty or not guilty of shooting her dead.
Ashley Dale died after she was shot in the Old Swan area of Liverpool on August 21 last year. The court has heard she was not the intended target and was shot as a gunman burst into the home looking for her partner. In a trial that has lasted more than six weeks every detail of her last movements and those of the men accused of taking her life have played out at Liverpool Crown Court.
James Witham, 41, Niall Barry, 26, Sean Zeisz, 28, Ian Fitzgibbon, 28, and Joseph Peers, 29, all deny her murder. Witham has admitted manslaughter. The jurors who will decide their guilt or innocence have now begun their deliberations.
Last text messages
Ashley's family were in the public gallery as her final text message to a friend revealed she was sat at home with her dog, a dachshund named Darla, less than an hour before her death. She sent a photo of the pup and herself at 11.51pm with the message: "Any need for my child. I've never known anything like it. She's scared of something outside. She's got me nerves gone. And now won't leave me side like an actual baby."
Just five minutes earlier at 11.46pm Ashley had been in conversation with her mum via text too. The court heard the tyres of her car were allegedly slashed moments before at 11.40pm in an attempt to lure the occupants of her home outside. The court heard Ashley messaged her mother, Julie Dale, and told her rain had set off her car alarm. Her mother replied: "Bloody hell really. Wanna see the leaves round here." Ashley replied: "Saw that on the news today. Because of the heatwave x." The last message to her mum read "world's ending".
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Ashley Dale with her dog Darla (Liverpool Echo)
She sent poignant last text to her mum (Liverpool Echo)Gunman said its all down to him
Gunman James Witham has admitted manslaughter but denies murder. He told the trial at Liverpool Crown Court: "I haven't slept for a year. I have nightmares every time."
Mr Witham gave his evidence to court as Ashley's mother Julie Dale, step-father Rob Jones and other relatives watched from the public gallery. He said "I've had a year of torture. What I've done to that poor girl. It's been a nightmare for me and obviously her family as well. I'm so sorry."
DNA belonging to Witham was found on a bullet casing from a Skorpion machine pistol in Ashley's home in Leinster Road, Old Swan. He told the court no one else was involved in the shooting, saying: "It's all down to me." Asked by the prosecution if he was the fall guy for the others he added: "No, that's not true. They couldn't do that. No one could do that."
Ashley Dale's sister, mother Julie Dale, stepfather Rob Jones and father Steve Dunne arriving at Liverpool Crown Court (PA)Killing was ordered
Prosectutor Paul Greaney KC said Witham and "driver" Peers, were "dispatched" to assassinate Mr Harrison and "leave no witnesses". They had allegedly received their orders from Niall Barry, Sean Zeisz and Ian Fitzgibbon - who were said to have been "directing operations".
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."
Feud with Ashley's boyfriend
Liverpool Crown Court heard Ashley's partner Lee Harrison had been the intended target due to a feud with Niall Barry.
Giving evidence, defendant Ian Fitzgibbon, 28, said he was friends with Mr Harrison. Fitzgibbon told the jury while attending Glastonbury Festival in June 2022, co-accused Niall Barry had shown him a knife and told him he would stab Mr Harrison, known as Saz.
He said Mr Barry, 26, asked him if he had seen "Saz", before saying: "Tell him when you see him I'm going to stab him up." He added: "He just pulled out a knife, showed he had a knife, put it back in his pocket. I was just a bit shocked, I just wanted to get hold of Lee and tell him what's been said." Asked why he wanted to tell Mr Harrison, he said: "I wouldn't want to see any harm come to Lee, he's my friend."
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Giving evidence, Barry, told the court he had been friends with Mr Harrison. But he said they had stopped speaking in 2018 or 2019 because Mr Harrison was "hanging round" with people who had stolen £30,000 worth of cocaine and cannabis from him. Just weeks before the killing phone records showed Barry had spoken to Mr Harrison twice on July 26.
Asked what he said to Mr Harrison during the phone call, Barry told the court: "I said I'll come round the estate and I'll punch your head in." Stan Reiz KC, defending Barry, asked: "That was a threat?" Barry replied: "Yeah."
Ashley's boyfriend Lee Harrison (left) here with accused Niall Barry (PA)Boyfriend and accused were friends
Ashley Dale's boyfriend Lee Harrison and Niall Barry, the man accused of arranging the shooting that killed her ,were "very good friends and business partners", the jury was told.
During closing speeches, Barry's defence barrister Stan Reiz KC reiterated that his client denies any involvement in an attack on Ashley or her boyfriend Lee.
Harrison and Barry had been friends before a falling out around three years ago. However, Barry's defence claimed he had "turned the other cheek" after being robbed of drugs by the Hillsiders gang, who Harrison was affiliated with.
Mr Reiz addressed the dispute and told the court: "Niall Barry and Lee Harrison had been very good friends and business partners. They were together selling drugs...
..."They were not friends last year and he [Barry] hadn’t forgiven him [Lee Harrison] 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."
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