The man who shot Ashley Dale dead has claimed that he found the gun buried in Stadt Moers Park.
The Knowsley Council worker died aged 28 after being shot in the abdomen and collapsing in her back yard on Leinster Road in Old Swan shortly after midnight on August 21 last year. Five men are currently on trial at Liverpool Crown Court accused of her murder.
James Witham has admitted barging down the door of her house, where she was spending the evening alone with her dachshund Darla, and spraying the property with bullets from a Skorpion submachine gun. The 41-year-old claims that he did not see or hear Ashley inside and was instead attempting to "send a message" to her boyfriend Lee Harrison, who was not present at the time.
READ MORE: Live updates from Ashley Dale murder trial
READ MORE: Ian Fitzgibbon 'spoke to Ashley Dale's boyfriend after her death'
Witham began giving evidence to the jury this afternoon, Tuesday. Under questioning from his counsel Richard Pratt KC, he told the court that he had learned of the firearm's existence after bumping into a friend whom he said was called "Little Dave" while at the Everton v Nottingham Forest game at Goodison Park on the afternoon of August 20 2022.
The dad-of-two recalled that he had attended the match with his father and son, as well as a man called Michael Kershaw. Witham said: "I was in the match and seen my mate, Little Dave.
"His brother’s my good mate. He was speaking to me, saying he was in Spain as he was wanted for Encros.
"He ended up phoning him. I ended up speaking to him for about 10 minutes."
Witham said he spoke with the friend about "what he was away for", adding: "He was half skint. He had something buried in Stadt Moers Park.”
"He said it was a gun."
Mr Pratt asked: "Did he say anything more about the gun?"
Witham replied: "If you can try and spin it quick and give the money to his brother. I thought nothing of it, because I was in the match.
"I said alright then. Just if I can find anyone who would buy it.
"I never said yeah, I said I'll think about it. I never thought nothing of it really."
Mr Pratt said: "When you had the call, were you thinking of retrieving the gun and finding a seller for it?"
Witham responded: "No. I never went, never thought nothing about it."
Witham reported that he "stayed out for a bit with Kershaw" after the football, visiting the Thomas Frost – a JD Wetherspoon pub on County Road – and a Thai massage parlour before leaving in a taxi for a flat on Pilch Lane in Huyton, where he met with his co-defendants. He described himself as "a bit drunk like", while he had also "had a bit of cocaine at the match".
In this state, he claims he decided to discharge gunshots inside Harrison's home – which he believed was empty – "to send out a warning" after Ms Dale's partner had allegedly "tried to rob his graft in Wales", a reference to him supplying heroin and crack cocaine around the Rhyl area. Mr Pratt said: "You got back into your car and decided to drive to Stadt Moers Park."
Witham replied: "Yeah, I don't know what was going through my head. It was the worst mistake I've ever made in my life and I’m so sorry for it."
Mr Pratt asked: "How did you know where to go?"
Witham said: "When I was on the phone to my mate, he told me where it was. Just explained where it was.
"I knew where it was anyway, I knew exactly where he meant. Just under the archway in Dales Row, that's the entrance to Stadt Moers."
Mr Pratt continued: "He told you it was buried. Did you have anything with you to assist?"
Witham stated: "I just grabbed something out of the car, like a little shovel."
Mr Pratt said: "When you did that, how long did it take to find the gun?"
Witham: "About five minutes."
Mr Pratt: "Did you know before you went to Stadt Moers Park what type of gun it was?"
Witham: "Yeah, yeah. He just told me it was a Skorpion."
Mr Pratt: "Did you know what that meant?"
Witham: "Yeah."
Paul Greaney KC told a jury of five men and seven women during the prosecution's opening last month that Witham and "driver" Joseph Peers, were "dispatched" to assassinate 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" 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.
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."
Witham, of Ashbury Road in Huyton, Zeisz, of Longreach Road in Huyton, 26-year-old Barry, of Moscow Drive in Tuebrook, 29-year-old Peers, of Woodlands Road in Roby, and 28-year-old Fitzgibbon, of Heigham Gardens in St Helens, have pleaded not guilty to murdering Ashley Dale, 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, of Trentham Road in Kirkby – denies assisting an offender. The trial, before Mr Justice Goose, continues.
Don't miss the biggest and breaking stories by signing up to the Echo Daily newsletter here