Gunman deposited £1,000 into bank account two days after shooting, court hears

Ashley Dale, 28, was shot at home in Old Swan, Liverpool, in the early hours of August 21.
Ashley Dale was shot in Old Swan, Liverpool (Merseyside Police/PA)
Eleanor Barlow13 October 2023
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The gunman who killed a council worker in her home deposited £1,000 cash into his bank account two days after the shooting, a court has heard.

Environmental health worker Ashley Dale, 28, was shot with a Skorpion machine pistol at home in Old Swan, Liverpool, in the early hours of August 21 last year by gunman James Witham, who admits manslaughter.

Witham, 41, and four other defendants – Niall Barry, 26, Sean Zeisz, 28, Ian Fitzgibbon, 28, and Joseph Peers, 29 – deny her murder, which is alleged to have happened following a feud with her partner Lee Harrison.

On Friday, their trial at Liverpool Crown Court heard just after 7pm on August 21, Peers booked a two-night stay in a twin room at the Mercure Hotel in St Helens, Merseyside.

He and Witham were seen on CCTV checking into the hotel at about 8.30pm and paying for the room with cash.

The pair checked out at about 11am on August 23, the court heard.

CCTV from the Liverpool One shopping centre showed Witham there later that day.

The court heard he spent £245 in cash at the Footasylum store, buying new trainers and socks, and spent £129 in the Everton store on his card.

At 2.55pm, he deposited £1,000 into his bank account, the jury was told.

Detective Sergeant Graeme Sutton said phone evidence showed Witham and Peers travelled to Scotland later that day.

The court heard on September 13, Cumbria police officers stopped an Audi on the M6 and arrested Witham and Peers.

Bodyworn footage played to the court showed Witham, who continued smoking a cigarette as he was handcuffed, initially gave his name as Francis Kelly.

At 10.22am on August 23, Fitzgibbon flew from Birmingham Airport to Dubai with his sister Claudia, the court was told.

The jury heard he was arrested in Spain on August 9 this year and extradited to the UK.

CCTV showed Barry and his girlfriend Lucy Worley arriving at the Formby Hall Golf Resort and Spa on August 24.

A later clip showed eight armed officers from Merseyside Police entering the hotel, where they located Barry.

Sergeant Christopher Lowe said Barry, who was in his hotel room with his girlfriend, was told he was under arrest on suspicion of murder and made the comment: “It’s nothing to do with her, she didn’t hurt no-one.”

The court heard Barry had been messaging a man called Gus, who the prosecution describe as “a fixer”, who enabled people to flee the country.

Police found £10,275 in a Nike bag in the hotel room, the court heard.

Mr Sutton told the court Zeisz attended a police station on August 30 and was arrested after telling staff he understood he was wanted for murder.

Witham, of Huyton; Fitzgibbon, of St Helens; Zeisz of Huyton; Barry, of Tuebrook; and Peers, of Roby – all Merseyside – deny conspiracy to murder Mr Harrison and conspiracy to possess a prohibited weapon, a Skorpion sub-machine gun, and ammunition, as well as the murder of Miss Dale.

Kallum Radford, 26, of no fixed address, denies assisting an offender.

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