Four men will today be sentenced for the murder of Ashley Dale.
James Witham, Joseph Peers, Niall Barry and Sean Zeisz were found guilty on Monday of murdering Ashley at her home in Old Swan.
The environmental health officer for Knowsley Council died, aged 28, after being found with a gunshot wound in the back garden of her Leinster Road home, on August 21 last year.
The four men have been on trial at Liverpool Crown Court accused of her murder, and were unanimously convicted by a jury on Monday, November 20.
Zeisz, Barry, Witham and getaway driver Joseph Peers, 29, were all convicted by unanimous decision of murdering Ashley, conspiracy to murder her boyfriend, Lee Harrison, and conspiracy to possess a firearm and ammunition with intent to endanger life.
A fifth man, 28-year-old Ian Fitzgibbon, was found not guilty of those charges, while Kallum Radford, 26, was cleared of assisting an offender by storing the car used in the shooting.
The ECHO will be providing live updates from the courtroom.
Follow our live coverage below, where we will be bringing you all the latest court updates.
Key Events
Lead detective shares reaction
Senior investigating officer Detective Chief Inspector Cath Cummings, of Merseyside Police, said: “The actions of James Witham on that day had a devastating and widespread impact.
“Ashley, an innocent women, lost her life in the most brutal way at the hands of Witham. That was compounded by the fact that she was alone in her own home, where she should have felt and been safe, when she was fatally shot.
“Her family have to live with that knowledge every day.
“This has been a complex and challenging investigation and it was only thanks to the painstaking work of the investigation team and the community who rallied round and pointed us in the right direction in the early stages that we were able to bring about this successful prosecution.
“The evidential material we had was significant from cell site analysis to DNA and trawling through hundreds of hours of CCTV.
“We also seized thousands of exhibits, of which over 300 were digital devices. By far the most important was Ashley’s phone and the voice notes she sent to her friends describing what was going on in her life and the lead up to her death.
“The four men who have been found guilty have not shown an ounce of remorse for their actions which led to Ashley’s death and instead pleaded not guilty forcing her family to endure a lengthy trial where they have had to relive Ashley’s last moments over and over again. I am pleased that the jury saw through their blatant lies and how they conspired together.
“I would like to pay tribute to Ashley’s family for the dignity and composure they showed throughout the trial. These four men now face a considerable length of time behind bars and while that will never bring Ashley back I hope that, after over a year of waiting for justice, they can move to the next chapter of their lives and properly grieve their loss.
“I would like to thank the investigation team, the family liaison officers, the officers and staff of Merseyside Police and the Crown Prosecution Service and lead counsel who were all vital to ensuring we got the right result.
“I hope this sends a message that serious and organised crime will not be tolerated on the streets of Merseyside and we will hunt down the people who are responsible and put them behind bars."
Statement from Police and Crime Commissioner
Merseyside's Police Commissioner has released the following statement.
Emily Spurrell said: "I cannot begin to imagine the pain, suffering and loss Ashley Dale’s loved ones have experienced since her shocking murder in August 2022. No family should have to face the devastating heartache they have had to endure in the past fifteen months.
“Ashley was just 28 years old. She was a beautiful young woman with the rest of her life ahead of her. She was at home that night, in a place she was meant to feel safe. She was making a positive contribution to our region in her role as an environmental health officer at Knowsley Council and she’d just successfully achieved a promotion. Heartbreakingly, she never got the chance to begin her new job as her life was cut short in the most brutal and merciless way.
“No justice will ever bring Ashley back to her family. Being present in court over the last seven weeks, witnessing the heartless attempts of those four cowards to cover-up their involvement in Ashley’s murder while being forced to relive the events of that tragic night, must only have compounded their unthinkable suffering.
“Thankfully, the jury saw through those lies and while today’s guilty verdict will not end their grief and loss, I hope it will bring them some small comfort that the four individuals responsible will be spending many years behind bars for their appalling crimes.
“I would like to pay tribute to the investigation team at Merseyside Police, and the police officers and staff who supported them, for their commitment and determination to solving this case. In the hours and days following this horrendous incident, right up to today’s guilty verdict, they have been relentless in their pursuit of justice to make sure those responsible are made to for their actions. I’m also very grateful to a number of other forces who provided support.
“I’d also like to thank the people of Old Swan and the brave witnesses who through immense courage came forward with vital information to ensure these callous individuals are no longer able to spread toxicity and fear within our communities.
“Ashley’s senseless murder was the second of three fatal shootings in what was a very dark week for our city, showing that there is a still a shameful minority who occupy the gutters of our society and who are prepared to use guns with no care for the harm they inflict on others. To break into an innocent young woman’s house and fire a powerful submachine pistol is deplorable and yet these men have shown not a single shred of remorse.
“There is no place for firearms in our region. The police are relentless in their approach to tackling heartless criminals. Last year our region saw the number of gun crime incidents reduce by almost a third but even one firearm incident is one too many. I am determined to do everything I can to support the force as they continue to pursue those organised crime groups who attempt to spread fear and intimidation in communities in which they operate.
“The ongoing support of our communities is also vital in making it clear these disgusting, callous individuals will not be tolerated in our proud region. I would urge anybody, if you know where weapons are being kept or suspect who is using them then please, do the right thing and speak out. By doing so, you could play a vital role in protecting the lives of innocent people and preventing further tragedies.
“Together, we can stop those intent on causing violence and harm and make all our communities stronger and safer places to live, work and play for all.”
“If you have any information, you can call Crimestoppers anonymously on 0800 555 111, no-one will know that you have made that call.
If you have been affected by this case and want to speak to someone or access support, you can contact my Victim Care Merseyside service on 0808 175 3080 or visit www.victimcaremerseyside.org
How each defendant reacted when verdicts were announced
Upon hearing the first verdict, Peers shook his head. When the conspiracy to murder Lee Harrison verdict was returned he mouthed “f***** joke”
Radford showed no reaction as he was cleared of assisting an offender.
Sean Zeisz showed no reaction as he was convicted on all charges. One of Zeisz's family in the public gallery muttered “f****** t***” as the foreman announced the verdicts.
As Barry was convicted, he was looking down with his head pressed against the glass of the dock. He did not react as the verdicts were announced.
Barry’s mum, sitting in the public gallery, sobbed and said “I’m not staying here”.
As Ian Fitzgibbon was cleared of all charges, he punched the air and patted his chest with his fist.
Witham initially showed no reaction as he was convicted of murder, but then appeared to be close to tears in dock as the case progressed.
The verdicts were reached after nine hours and 22 minutes of deliberations.
Sentencing to take place on Wednesday
The judge confirms sentencing will take place at 11am on Wednesday.
Judge Goose suggests there may be an application on behalf of Ian Fitzgibbon. His barrister, John Cooper, KC, rises and asks: “May he be discharged after due process”
JG: “He can be discharged. Similarly in respect of Mr Radford.”
He addresses the jury: “Thank you for all the work you’ve done. If you wish to do so you can come back for the sentencing on Wednesday at 11 o’clock. If you don’t, you have the thanks of this court. Should you wish it I will excuse you from attending jury service again for the next 10 years. However this will be a matter entirely for you.”
JAMES WITHAM GUILTY OF MURDER
James Witham has been found guilty of of the murder of Ashley Dale
He has also been found guilty of conspiracy to murder Lee Harrison
All four men found guilty of murder have also been convicted of conspiracy to possess a firearm with intent to endanger life.
IAN FITZGIBBON IS CLEARED OF ALL CHARGES
Ian Fitzgibbon has been found not guilty of the murder or manslaughter of Ashley Dale
He has also been found not guilty of conspiracy to murder Lee Harrison or conspiracy to possess firearms.
Some of the public gallery leave court in tears. Justice Goose asks some of the public to sit down.
NIALL BARRY GUILTY OF MURDER
Niall Barry has been found guilty of the murder of Ashley Dale
He has also been found guilty of conspiracy to murder Lee Harrison
SEAN ZEISZ GUILTY OF MURDER
Kallum Radford has been found not guilty of assisting an offender
Sean Zeisz has been found guilty of the murder of Ashley Dale
He has also been found guilty of conspiracy to murder Lee Harrison
JOSEPH PEERS GUILTY OF MURDER
The jury enter.
The foreman is asked to stand and confirms that they have reached unanimous verdicts on all counts.
Joseph Peers has been found guilty of the murder of Ashley Dale
He has also been found guilty of conspiracy to murder Lee Harrison
'Verdicts must be received in silence'
Justice Goose: “Before the jury come into court to give their verdicts, all of the verdicts will be received in silence. If anybody feels they will not be able to stay quiet, they must leave now.”
Some members of the public are visibly anxious, with tears being shed in the public gallery
Judge enters court
Mr Justice Goose has entered court.
Every seat in the public gallery is filled with members of the families, police officers and journalists. The courtroom is silent.
VERDICTS
BREAKING: We understand verdicts have been reached by the jury. All parties have been called back to court. Ashley's mum, dad, and step-dad have taken their seats in court, as well as the family of the defendants.
'Keen eyes'
The court is reassembled and Justice Goose asks for the jury.
The panel of five men and seven women take their seats.
The judge tells them: “Thank you for your note. There is a fairly straightforward explanation.”
Mr Greaney reads their question aloud.
It concerns a document on the attribution of mobile phones in the case, which is present in only three of the jury bundles.
It concerns a device recovered from Lucy Worley’s Mercedes at the Formby Hall Hotel, when she and Barry were arrested.
Mr Greaney says: “All relevant material has been extracted and is in your jury bundle.”
These included the photos taken in Norwich and Portugal seen by the jury and voice notes exchanged Barry and Zeisz also recovered from device.
Mr Greaney continues: “At one stage it was thought there may be an issue whether Niall Barry may have been the relevant user of that phone. A document was prepared which addressed the prosecution’s case. Before the trial started it became apparent that issue didn’t exist. He accepted being the user of the phone.”
The prosecutor says “steps were taken to remove the document” from the jury bundles, but it was “missed” in three bundles.
PG: “Can I assure you that nthing of relevance has been kept from you. The reason only three of you had the document is through oversight. We’re going to suggest that we should remove from your jury bundle the documents you had and hand them over to the court staff.”
Justice Goose adds: “Well spotted. You have keen eyes.”
Jurors retire once more to consider their verdicts.
Jury note
We understand the jury have passed a note to the court.
The court is reassembled and Justice Goose asks for the jury
Jury resume deliberations
Good morning all,
The jury in the trial of six men charged in relation to the death of Ashley Dale are set to resume their deliberations, having been sent out at 11.56am on Friday, October 17.
Trial judge Mr Justice Goose enters and calls for the jury.
He tells them: “Thank you very much ladies and gentlemen. After the jury bailiff has been sworn, will you go with her and continue your deliberations
The jury bailiff is sworn and the jury retire to continue their deliberation
Jury sent home for the day
Mr Justice Goose is in court and calls for the jury.
Justice Goose enters and calls for the jury.
JG: “Ladies and gentlemen thank you very much. I’m going to ask you to stop now and we’ll break today. Come back on Monday. During the weekend, and this applies the moment you leave this courtroom, don’t speak to anyone else about the case. Don’t carry out any research. All those things I’ve said to you are very important, but now they are especially important.
“In the mean-time, treat this like a job. Come back on Monday, carry on with your work.”
The jury are excused for the weekend and the case is adjourned until Monday morning.
Judge enters court
Mr Justice Goose enters court.
Justice Goose says: “We did receive a note, but It’s not necessary to deal with it any longer.
“The jury were asking for the third interview footage from the Kallum Radford interviews. We were given that note, and then they said they don’t need it anymore.”
Justice Goose says the jury have resumed their deliberations.
Jury question
We understand the jury has a question for the judge.
All parties have been called back to court.
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JURY OUT
Justice Goose “That completes my summary of the evidence you have heard over the last few weeks. Ladies and gentlemen, I have two further directions to give you.”
He asks the jury to collect their notes and documentation.
JG: “Please select one of your number to chair your debate. That will make sure everybody gets a fair say.
“Secondly you must reach verdicts on which you are all agreed. Each of you must have your say and reach the verdicts which you say are right.
“If the time comes where I can accept something different, I will send for you.”
The jury bailiffs are sworn in.
THE JURY ARE SENT TO BEGIN THEIR DELIBERATIONS AT 10.56AM.
Big Dave and Little Dave
Justice Goose: “[James Witham] accepted he lied to the police when he said he had been fitted up and the Hyundai car was not his. He was asked about his defence case statement made in August this year. Was he also lying about not having anything to do with the shooting? He accepted this.
“It was suggested the evidence to his guilt was overwhelming. He said he admitted manslaughter for the sake of the deceased’s family and because others had been charged.
“He said he knew NB (Niall Barry) was involved in drug dealing but knew nothing of his access to firearms. It was a coincidence that he had used a Skorpion. He denied he was NB’s joey. He said NB should not be in this trial.
“He said he thought the beef between NB and LH (Lee Harrison) was five years ago and was sorted. He was asked why he had been to his home if LH had been making his life a misery. He said it was just to speak to LH.
“He was asked how the false number plate could have been acquired. He said they were his. He was shown CCTV of him and JP (Joseph Peers) where he appeared to be laughing and smiling. He said he was covering up how he felt.
“He denied being sent to carry out the shooting and described it as a moment of madness. He accepted driving in the opposite way to JP’s home. He said it was to go to McCaig’s and buy drugs.
“It was suggested JW wasn’t in the Hyundai at 10.20. He said he was. He was asked about further attempts at contact by Fitzgibbon and Zeisz and were they asking about the progress of the attack. He denied that.
“He was asked for the names of the two brothers he spoke to. He said they were both called Dave. Big Dave was the big brother of Little Dave. He spoke to big Dave on his brother’s phone. He denied this was all lies.
“He was asked why he didn’t fire the gun at the outside of the house. He repeated that it was a moment of madness and he was full of rage. He couldn’t answer why his DNA was found on a cartridge case if it was already loaded.”
Witham and Peers go to Scotland
Mr Justice Goose: “[James Witham] said he waited for JP (Joseph Peers) to leave. He hadn’t told him what he’d done. He told NB (Niall Barry) he’d just shot Saz’s house up. NB started shouting at him. He left the flat at 4.20, went back to his home. He woke up at 10 in the morning and was told a girl had been shot.
“He drove to JP’s and asked if he knew where the car could be stored. He drove the car and parked it near Stadt Moers Park. he took his clothes and shoes together with the gun, put them in black bin bags and put them in a bin.”
Witham said he and Peers then drove to Redgate Drive in St Helens, and later the two went for a “swim and sauna” at the Mercure Hotel, but the facilities were not working.
JG: “He didn’t tell JP. he wanted to be with someone. The following day he took his son shopping. Later that day he went to Scotland with JP. he wanted to get out the way.”
Justice Goose says at they were returning from Scotland police were searching his home.
Witham said he did not speak to family about this. They then went back to the Mercure Hotel.
Both Witham and Peers were arrested in Cumbria after another trip to Scotland.
Witham said he 'did not intend to harm anyone'
Justice Goose says on July 16, James Witham stayed in a hotel with Niall Barry and Michael Kershaw in norwich
On July 26, he went on a trip to North Wales.
JG: “He said the Kyle LineL was his. He also used other names including Pete. He went to Rhyl. He was asked why he called LH (Lee Harrison). he said one of LH’s mates came up to him in Rhyl and asked him to call LH. LH denied the bad things he’d done. He said he’d paid money to NB (Niall Barry). When he asked NB, he said LH was lying.
“He said he went to the wake for Rikki on August 10 to pay his respects. On Friday, August 19, he drove with DM (David McCaig), JP (Joseph Peers) and NB to North Wales. NB had his own drugs to cover. On the way back, someone crashed into the back of the Hyundai. overnight, DM sorted it out.
“On August 20, he woke up and called IF (Ian Fitzgibbon) to pick him up. He went to Walton to buy cannabis and then to Taskers to buy trainers for his nephew. He had no thoughts of going to Leinster Road that night.
“He said he was drinking all day and was a bit drunk. He returned to Pilch Lane by taxi.
Justice Goose says Witham described everyone “chilling in the flat” and said he wanted to buy cocaine. However, he was asked to leave.
He said he offered to “drive JP to his home”
JG: “He said he wanted to go to McCaig’s flat to talk to him about the Hyundai. He said IF’s text to him was just about him returning to the flat to watch the boxing. He replied to say he wasn’t. He said he was driving to find some cocaine.
“He said he was driving the car himself. He denied he and JP had separated. He said he didn’t JP off at his home until about 10 past 11. He had more cocaine and ketamine in the car. He read his Snapchat and saw a story about LH being in town. He felt belittled when he’d been told to leave the flat by NB. he drove the car to Leinster Road because he wanted to send a warning to LH.
Justice Goose recounts the evidence on how Witham found the gun.
JG: “He said he had only one knife and slashed all three tyres. This was a precaution to make sure no one was in the house.”
Witham then went to Stadt Moers Park to get the gun.
JG: “His friend explained where the gun was buried. He had a shovel in the car which he used to dig up the gun. He returned to Leinster Road with the gun. He said he sat for a few minutes thinking what to do, looked through the windows and they were in darkness. He went upstairs and fire the gun and lost control of it. He ran downstairs, took two steps into the dining room and fired towards the wall and ceiling. He said he’d worn a coat and balaclava. He denied taking aim at the deceased or pursuing her. He denied intending to kill or cause very serious harm.”
Justice Goose says Witham drove off and left the Hyundai car at his nan’s
He then walked to Peers’s house, and they returned to Pilch Lane together.
Evidence of James Witham
Justice Goose: “I am to conclude my summary of the evidence by now turning to the evidence in James Witham’s case. He is 41 and told you he lived in the Huyton area in 2022. He told you about his previous convictions. He said none of these involved him in the use of any firearm. He accepted he was involved in the supply of class A drugs. He dealt in Wales, Blackpool and Scotland. He worked alone.
“He has known JP (Joseph Peers) for about 10 years, knowing him well since Rikki Warnick’s death. He does not know KR (Kallum Radford). He has known SZ (Sean Zeisz) for about 10 years, he has known NB (Niall Barry) for about 12 years but he does not work for NB. He has only known IF (Ian Fitzgibbon) recently. He knew Rikki Warnick, but not as a close friend.
“He has known (LH) Lee Harrison for about 10 years and was a friend until five years ago. He found out he had robbed his mates cannabis farm and tried to steal his graft, that is his drug dealing business. He tried to steal £30,000 from a man’s car. He said LH had been doing these things for about five years.
“The Audi car belonged to him and was later part exchanged for the Hyundai. He said he asked NB if he could sell the Audi for him. James Witham said he went to 267 Pilch Lane at about the time of Rikki’s funeral to see NB and DM (David McCaig). JP, SZ, and Michael Kershaw were also there. He went to chill there. He said he didn’t really know Rikki but saw the effect of his death on people.
“He told you he went to Glastonbury and the blue holdall belonged to him. The knife was there for fishing. He said he didn’t know of any incidence in which SZ was assaulted. He did not know about a knife threat by NB. he was told by someone in the flat about SZ having a fight at the festival.
“He knew of problems between LH and NB but thought it had all been nipped in the bud.”
Judge in court
Mr Justice Goose enters court and calls for the jury.
He resumes his summing up
Who is who in court
Here is a reminder of who is who in the courtroom.
Prosecution: Lead Counsel Paul Greaney KC, assisted by junior counsel Alex Langhorn and Holly Menary
Defending Joseph Peers: Peter Wright KC, assisted by Christopher Stables
Defending Sean Zeisz: Adam Davis KC, assisted by Tim Forte
Defending Niall Barry: Stan Reiz KC, assisted by Katy Appleton
Defending Ian Fitzgibbon: Professor John Cooper KC, assisted by Jamie Baxter
Defending James Witham: Richard Pratt KC, assisted by Tom Watson
Defending Kallum Radford: Stephen Swift assisted by Kyra Badman
The trial judge is Mr Justice Goose.
Good morning
We're back in Liverpool Crown Court in what is set to be day when the jury are sent to begin their deliberations in the trial of six men in connection with the death of Ashley Dale.
Trial judge Mr Justice Goose will complete his summing up this morning.
Crown Court Reporter Adam Everett and Crime Reporter Jonathan Humphries will be in courtroom 5:1 providing live coverage as proceedings continue.
Court concludes for the day
Justice Goose says he will stop for the evening there. He asks the jury to return at 10.30am tomorrow.
