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Footage shows smiling Ashley Dale killer buying beer hours before shooting

BySpotted UK

Oct 12, 2023

CCTV footage shows the man who killed Ashley Dale smiling and buying beer less than four hours before shooting her dead in her home.

James Witham, now 41, has admitted kicking through the front door of 28-year-old Ashley's home in Leinster Road, Old Swan, in the early hours of August 21 last year.

Witham accepts opening fire with a Skorpion sub-machine gun and firing the bullet that killed Ashley, but will claim he did not see or hear her and was instead attempting to "send a message" to her boyfriend, 25-year-old Lee Harrison, who was not at home. Witham has pleaded guilty to manslaughter but denies murder.

READ MORE: Live updates from Ashley Dale murder trial

READ MORE: Ashley Dale's dog found 'cowering in corner' after she was shot dead

The prosecution case is that Witham and a second man, Joseph Peers, 29, were "dispatched" to kill Harrison by three men – Niall Barry, 26; Sean Zeisz, 28; and Ian Fitzgibbon, 28 – who were allegedly directing the hit from a flat in Pilch Lane, Huyton.

This footage shows Witham and Peers in Adisco Food and Wines at 7.54pm on August 20, where Witham purchases a box of Peroni beer and Peers also buys cans of cider. The pair had driven there in a grey Hyundai i30N car, later recorded on Leinster Road when Ashley was shot.

A camera inside the shops records how as Witham is at the till, a woman dressed in a matching pink top and leggings and wearing fluffy slippers chats to the men, and Peers and Witham can be seen smiling.

Joseph Peers (left) and James Witham buying beer at Adisco Food and Wines on August 20, 2022, less than four hours before Witham shot Ashley Dale

A camera outside shows the two men talking to the woman, before Peers takes out what appears to be a phone and passes it to her. She appears to type on the device before handing it back, and they go their separate ways with the two men returning to the Hyundai.

The clips form part of a timeline presented in court showing the movements of the five men between August 19 and August 20. The jury heard Barry, Witham, Peers, and an associate called David McCaig travelled to Abergele in North Wales on the afternoon of August 19, driving in the grey Hyundai i30n car recorded at the scene of the shooting.

At 6.47pm that evening, CCTV showed the men return to the flat in Pilch Lane. Detective Sergeant Graeme Sutton, under questioning from Alex Langhorn, junior counsel for the prosecution, told the jury Barry did not emerge again until after the shooting.

However the others came and went a number of times, making several journeys to local shops and further afield. Witham and another associate, Michael Kershaw, also attended a football match at Goodison Park the following day, Saturday, August 20.

That morning Fitzgibbon arrived at the flat in a black Volkswagen Golf and picked up Witham. The pair then travelled to Taskers sports shop in Aintree, where Witham was recorded buying a pair of black On Cloudflyer trainers for £155. The jury has heard a footprint on Ashley's front door matched the tread of those trainers.

James Witham buying beer at Adisco Food and Wines on August 20, 2022, less than four hours before Witham shot Ashley Dale

Witham then went to watch Everton vs Nottingham Forest, with a transaction recorded in his name at 2.27pm at Willow Catering, a food provider near the stadium.

Later that evening, shortly before 6pm, Fitzgibbon and Peers are seen buying sweets and a pay-as-you-go top up at a Go Local store on Pilch Lane near the flat. DS Sutton said a new Nokia phone, attributed to Barry, activated a short time later for the first time.

At around 8.25pm, a delivery driver in a taxi pulled upside the flat in Pilch Lane, carrying bags of what appear to be takeaway food. Fitzgibbon is also recorded leaving the flat and entering Chan's Fish and Chip Shop at 8.32pm.

The jury heard that at 9.13pm, a silver Mercedes parked on the kerbside on Pilch Lane and Sean Zeisz emerged. After a few minutes hanging around the fish and chip shop, Zeisz entered the flat.

By 9.30pm; Witham, Peers, Fitzgibbon, Zeisz and Barry were all inside the flat. Earlier in the trial Paul Greaney, KC, told the jury the Crown's case is that the flat was a "base of operations" for the shooting.

The jury has already heard Ashley's boyfriend, Harrison, had been "best mates" with Barry before an alleged fall-out a number of years ago, which Ashley described as causing "heavy beef" between the two men.

Ashley Dale, who was killed in her home in Leinster Road, Old Swan

The prosecution has claimed a fight or assault at Glastonbury festival in late June last year triggered animosity between Zeisz and Harrison's friend Jordan Thompson, which "reignited" the feud between Barry and Harrison.

Barry is alleged to have threatened Harrison in the weeks before the shooting, and Ashley described her "terrible anxiety" that something "bad" was going to happen between the two men.

Witham, of Ashbury Road in Huyton; Zeisz, of Longreach Road in Huyton; Barry, of Moscow Drive in Tuebrook; Peers, of Woodlands Road in Roby; and Fitzgibbon, of Heigham Gardens in St Helens, have pleaded not guilty to murdering Ashley Dale, conspiracy to murder 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 man – 26-year-old Kallum Radford, of Trentham Road in Kirkby – denies assisting an offender. The trial, before Mr Justice Goose, continues and is scheduled to last for six to eight weeks.

The trial continues.

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