22 November 2023 , 13:45
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Two of the men convicted of murdering Ashley Dale were named as potential suspects in the shooting of Olivia Pratt-Korbel, it can now be reported.
Nine-year-old Olivia was shot by Thomas Cashman, 35, as he chased drug dealer Joseph Nee into her home in Dovecot, Liverpool, on August 22 last year.
The shooting came the day after gunman James Witham, 41, forced his way into Miss Dale’s home in Old Swan, Liverpool, and killed her.
During his trial at Manchester Crown Court in March, lawyers representing Cashman sought to introduce evidence to his trial about other people who had been named as potential suspects in the murder.
Sean Zeisz was one of two people accused of Miss Dale's murder (PA)
Niall Barry was also convicted (PA)Those named during legal argument included Sean Zeisz, 28, and Niall Barry, 26 – who went on to be convicted of Miss Dale’s murder – and Ian Fitzgibbon, 28, who stood trial for her murder and was found not guilty.
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In arguments heard in private but summarised in a ruling by judge Mrs Justice Yip, the defence asked for disclosure of information relating to Fitzgibbon, who was extradited from Spain in August to stand trial for Ms Dale’s shooting.
The judge said: “The outstanding dispute is in relation to disclosure of information about a man who is believed to have left the United Kingdom around the time of this shooting having made arrangements to do so the day before.
Miss Dale was shot with a machine gun inside her home (PA)
James Witham had forced himself into her home one day prior (PA)“As will emerge later in this ruling, the name of this man appears in intelligence as being potentially connected to this shooting. The defence seek disclosure of antecedent information about him, information about whether he did in fact leave the country and about what steps have been taken to find him.”
The defence also wanted to elicit evidence about a feud involving the family of Mr Nee. Zeisz and Barry were jointly charged with conspiracy to commit grievous bodily harm to his brother, Jamie Nee, although both were acquitted at a trial earlier this year.
Witham pictured in a police mugshot (PA)
Miss Dale's dad Ashley arriving at court (Liverpool Echo)In an interview with police, Mr Nee speculated the attack on him could be linked to an arrest of Barry, as he was likely to believe Mr Nee was responsible for it. But the prosecution in Cashman’s trial argued there was evidence which meant the suspects had been ruled out as the gunman who killed Olivia.
The appearance of Barry and Fitzgibbon did not match the height and build of the gunman in Olivia’s shooting and there was telephone and ANPR evidence relating to Zeisz which excluded him, the court heard.
Thomas Cashman, who was given a 42-year jail term for killing little Olivia (PA)The defence also wanted to elicit evidence which suggested Nee was at odds with the Hillside organised crime group – which Miss Dale’s boyfriend Lee Harrison was associated with and his friend Jordan Thompson was part of. But the prosecution said there was telephone evidence to exclude Mr Thompson while Mr Harrison had an alibi and there was no evidence of his involvement.
The court heard during the course of the investigation into Olivia’s murder many names were mentioned as being responsible for it, including Cashman’s on multiple occasions. The defence application to introduce evidence about other suspects was dismissed by Mrs Justice Yip. She said: “The issue in this case is whether Mr Cashman was the gunman.”