Everything heard in Ashley Dale trial after killers are sentenced

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How old Ashley Dale's killers will be before they are released from prison

Ashley Dale's killers will be old men by the time they will be eligible to be released from prison. Read more here.

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READ FULL PIECE: James Witham walks out the dock after mum says 'I hope my words haunt you forever'

READ THE FULL PIECE HERE

IN FULL: Ashley Dale killers must serve 173 years in prison after being handed life sentences

READ THE FULL PIECE HERE

Judge praises dignity of Dale and Dunne families

Justice Goose asks for the defendants to be taken down to the cells.

Mr Greaney rises, and says Ashley’s family has asked him to mention a “small point” publicly.

PG: “Under the leadership of Detective Chief Inspector Cath Cummings, the investigation into A’shleys death was one of exceptional quality.”

Justice Goose: “I commend that officer for work done in the trial and supporting the family. I know you were supported by very many other officers. Your leadership has been commended.”

He turns to Ashley’s family: “I have been struck by the dignity you have shown as a family, the way you expressed yourself in the victim personal statements were truly remarkable. Thank you very much.”

“I would like to thank all involved for conducting this case to the highest standard.”

Justice Goose rises.

Some of the defendants’ family members begin to file out of court. One woman is heard to say: “Corrupt as f*** in here mate.”

SENTENCES PASSED - 173 YEARS IN TOTAL

Justice Goose describes each of the defendants as a “dangerous offender”.

He adds: “Had Lee Harrison been home I am sure he would also have been murdered.

“I find no significant mitigating factors.”

“I must adjust the 30 year starting point to reflect aggravating and mitigating factors. I adjust that to take account of the different roles played by you.”

The defendants are asked to stand

“I sentence each of you to imprisonment for life.

Sean Zeisz is sentenced to life with a minimum term of 42 years in prison

Niall Barry is sentenced to life in prison with a minimum term of 47 years in prison

James Witham is sentenced to life in prison with a minimum term of 43 years in prison

Joseph Peers is sentenced to life in prison with a minimum term of 41 years in prison

Niall Barry 'the protagonist'

Justice Goose continues.

“It was revealed in EncroChat conversations in which both Barry and Zeisz were part of a conspiracy to supply large quantities of illicit drugs. In b’s case, over 40kg of cocaine, half a kilogram of heroin, 28kg of cannabis, 1kg of ketamine and a kilogram of amphetamine. A cautious estimate of the value of those drugs is over £1.5million.”

He says there are also firearms offences involving a Skorpion.

JG: “Barry was convicted after a trial on June 8 this year. He must now be sentenced for the offences in addition to the offences with which the trial was concerned.”

Justice Goose says Zeisz pleaded guilty to the drug offences, and he will receive a full one third credit

He recites the defendants’ previous convictions

Zeisz’s and Withams offences of violence “do not seriously aggravate these offences”

JG: “There is little that can be said in mitigation for any of these defendants. I am satisfied Witham and Barry must be treated as the most culpable. Barry was the protagonist. He had the greatest motive, and had carried out threats of violence to Lee Harrison previously

“The sentence must be imprisonment for life for each of you. I am required to fix a minimum term before any of you can seek release on licence.

He says the starting point of 30 years “must be adjusted upwards substantially”

“This was murder involved a significant degree of planning. You are each to be sentenced for conspiracy to murder Lee Harrison. Ashley was murdered in her own home. The highly dangerous firearm was used to discharge 15 bullets in the home of Ashely Dale and Lee Harrison. The efforts to dispose of evidence including the vehicle and firearm, which has never been recovered. These offences were committed against the background of a violent criminality.”

Harm will last forever

Justice Goose continues: “Ashley Dale died shortly after she was shot. Lee Harrison has refused to cooperate in the police operation, so involved with criminal drug dealing gangs is he. This must have been a cruel twist in the tragic loss of their daughter and sister. LH has refused to assist the police to bring her killers to justice. Despite this, A’s family have shown remarkable dignity as they listened to the evidence in this trial.

“This court has heard the most moving VPS of Ashley’s mother, father and grandmother. The harm caused to them is profound and will last forever. Ashley Dale was in the prime of her life and was gunned down in her own home, where she should have been safe. This murder was planned by the four of you. The motive concerned a deep seated drugs feud between you and Lee Harrison.

“Barry had access to guns, particularly military grade Skoprion sub machine guns..

“I am sure on the evidence that Barry and Witham played the lead roles in this murder, discussed and carried out from Barrys flat. Barry providing the gun and ammunition.

“They travelled in that car jointly and remained together as they returned to the flat in pl. It was there that Barry and Zeisz waited, anxiously calling them to hear how they were progressing. Barry planned to leave the country but was arrested before he could do so. Witham and Peers stayed in a hotel away from their homes and also in Scotland before they were arrested.”

Decision to shoot up house 'beyond any understanding'

That concludes the mitigation. Mr Justice Goose prepares to deliver his sentencing remarks.

JG: “at 11.40pm on august 20 last year, a Hyundai car drove into Leinster Road in Old Swan. inside were two men, James Witham and Joseph Peers. They drove there as a result of a criminal agreement with Niall Barry and Sean Zeisz to kill the occupants of 40 Leinster Road using a Skorpion sub-maching gun.

“They each knew Lee Harrison lived there with his partner Ashley Dale. It was their home. The car had been acquired in the days leading up to what happened with false plates ready to use.

“Witham and Peers stabbed the car tyres. That set off the car alarm. Inside was Ashley Dale in her pyjamas watching television. She believed it was caused by heavy rain and stayed inside. Outside Witham and Peers waited for their moment for this planned killing. What followed was a murder that shocked the local community and many in this country. The use of a military grade submachine gun to kill a woman in her own home at night is beyond any understanding.

“Just after half past midnight, Witham got out of the car wearing a balaclava to hide his face. He broke through the locked front door, walked into the dining room. Ashley was moving towards the kitchen to escape, and there were lights on so she was visible. Witham wickedly fired 10 bullets towards her as she was vulnerable and defenceless. One passed through her abdomen and killed her. Leaving her dying, James Witham went upstairs to look for Lee Harrison. he fired again into the wall.”

Mitigation for Witham

Richard Pratt, KC, representing James Witham, rises next.

RP: “We adopt much the same procedure. We have made four points of legal principle rather than anything advanced by way of mitigation. We are bound to accept the jury’s verdicts. My lord will make judgements as to the extent of the aggravating features."

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Mitigation for Barry

Katy Appleton, junior counsel for Niall Barry, says a note has been provided to the judge. Mr Justice Goose says he has received "helpful" sentencing notes from all defendants and confirms he has read them.

KA: “I don’t propose to say anything further to the note.”

Mitigation for Zeisz

Tim Forte, junior counsel for Sean Zeisz, rises.

TF: “All we seek to say is firstly totality and the double counting of aggravating features. The only other thing is, he indicated unequivocal guilty pleas to the drug offending at the magistrates court. That is all we wish to say."

Joseph Peers 'a foot soldier'

Peter Wright, KC, representing Joseph Peers rises to mitigate for his client.

He begins by saying “nothing he will say” is intended as any disrespect to Ashley’s family.

PW: “29 years of age now, a young man who had considerable ability and, sporting acumen. He had a promising future, was in gainful employment and shortly before these events, before he renewed acquaintances with the defendants, was working and in a long, settled relationship.

“Any low level offending was a footnote to his former life. All these positive qualities now lost by, as the jury found, his involvement in this most terrible and senseless killing.

“Nothing I say can make the unimaginable grief and sorrow any easier to bear. I hope in discharging our professional duties on behalf of Joseph Peers, we make submissions that are directed towards the length of the inevitably long minimum term he must serve for his involvement in these terrible crimes, and they will understand that is not intended to diminish the sense of profound loss and grief they must suffer.

“In the context of his previous offending, the present offences are of a wholly different quality and gravity. As to his role, albeit significant, they were characterised as that of a foot soldier as opposed to anybody in seniority or an organisational responsibility. They are against a background of offending of the most grave type, but we hope those submissions are of assistance in identifying the most appropriate minimum term.”

Ashley's grandmother 'cried with joy' when she was born

Mr Greaney moves on to the victim personal statement of Susan Steinhilber, Ashley Dale’s grandma. Again he will read it to the court on her behalf.

He reads: “I am Susan Steinhilber, Ashley’s paternal Grandmother. “Gramma Sue” as Ashley named me from when she could first talk and a name that has stuck with family since that day.

“Her amazing mother Julie, at only 16 years old, gave my son Steven, his first child at 18 years old and me my first grandchild when I was 43. Ashley’s birth was one of the happiest moments of my life.

“I still have a picture in my mind of the first time I held her in my arms nearly 30 years ago. She was so tiny and beautiful I shed tears of happiness that first time. Ashley was also an extra blessing for me, a mother who has four sons and no daughters. I was over the moon that Julie and Steven had given me a girl as my first grandchild.

“I spent as much time as I could with Ashley as she grew as a baby, toddler, young child and teenager. At times she was my constant, delightful companion on visits to family and friends in Liverpool, who all adored her. My visions of her as a very pretty, happy, popular, clever and funny child will never leave me.

“When Ashley graduated from John Moores University in environmental health at Liverpool’s Anglican Cathedral I could not have been prouder. My heart was bursting with love for her and I enjoyed her happiness on that special day so much.

“My talented granddaughter, Ashley Louise Dale, had the world at her feet and I cannot describe how devastated I feel at losing her, and in such a cruel way. I also feel so much pain for both Julie, her mother, Steven, her father plus her sisters Yasmin, Nancy and Connie for their loss.

“As a mother, trying to support my son Steven through his heart breaking grief of losing his eldest daughter, who he was so very close to, I cannot possibly describe, as it hurts so much, particularly after losing his only son Lewis, Ashley’s 16 year old brother, so cruelly eight years ago.

“I wake every morning hoping that this is just a bad dream, but it isn’t, I miss Ashley terribly, who is no longer with us in body but she will always be with us in spirit.”

Ashley's dad's 'dark thoughts of whether I can live this life anymore'

Mr Dunne’s statement, read out by Mr Greaney continues: “Christmas 2022 should have been a happy time; the first Christmas I would get to share with my first grandson. Instead, it was the darkest place I have ever been to in my life.

“I went away for a week before Christmas by myself, just to get away from everything, to try to prepare myself mentally for what I knew would be a difficult time; the first Christmas without not one, but two of my kids. I will never get it out of my head; the fear that Ashley must have felt that night, which would undoubtedly have been exacerbated by the post-traumatic stress disorder that Ashley had suffered since the death of her brother, and the pain she must have gone through after this brutal, savage act was committed against her.

“These thoughts affected me most around Christmas time, when I should have been spending quality time with my children. Instead, from the 23rd to 27th of December, I wasn’t able to leave my house. I sat in with the curtains and blinds shut, listening to songs Ashley enjoyed; grieving, crying, and contemplating dark thoughts of whether I can live this life anymore; whether I would have the strength to go through the coming years, knowing that I’d have to do so without two of my children. My own post-traumatic stress disorder is a debilitating, lonely, and unbearable mental illness, and it’s going to take years of hard work to try to overcome this - again.

“It was the first time in my life that I experienced what it actually felt like when someone can’t go on, but I knew I had to for my daughter, my grandson, and my family; I also knew I had to see justice done for Ashley.

“From day one of the trial, I have not seen one single shred of remorse from any of the defendants; in fact, quite the opposite – I have felt that, throughout the trial, often during breaks in the court procedure, they have all individually behaved very disrespectfully towards myself and other members of Ashley’s family.

“On that night in August, these individuals targeted Ashley’s car; they targeted Ashley’s house; they targeted Ashley – an innocent girl home alone on a Saturday night, cuddled up to her beloved dog, Darla – a place where she should have been safe and happy.

“This is as senseless and ruthless as it comes, and I would ask that consideration be given to imposing the maximum sentence possible on these men. Throughout the course of the trial, they have not acknowledged our pain, apologised, or shown any understanding of the impact of what they have done; they are only sorry that they have been caught. From what I’ve observed throughout the course of this trial, I don’t believe this will change any time soon, if ever.

“By failing to admit responsibility, they have forced us to sit through the harrowing ordeal of yet another trial; they have consistently lied to try and avoid being punished for their actions.

“These are clearly dangerous individuals, able and willing to deploy the most dangerous of automatic weapons to settle petty disputes, without any concern at all for those caught up in the crossfire. No family should ever have to go through what we have gone through; these men cannot be allowed to do this to anyone else.”

Ashley was traumatised by her little brother's murder

Mr Dunne’s statement, read out by Mr Greaney, continues: “Ashley loved going to festivals but had started recently speaking to me about wanting to start a family. She knew her current relationship was not one that she wanted to bring a child into, but she just couldn’t bring herself to making that permanent break. Ashley never got the chance to be a mum, and her family have been robbed of the chance of meeting Ashley’s children, my grandchildren.

“Ashley had recently been promoted to a higher position in work, which is characteristic of her ambition and dedication; but she never got the chance to take up that position and enjoy the rewards of her hard work.

“The 15th November 2023 marked the eight-year anniversary of Lewis’ death; the 16th November 2023 was the seven-year anniversary of the three men responsible being found guilty of his murder. I was sitting in the very same court with my daughters – Ashley and Yazmin – when those verdicts were read out.

“Ashley sobbed uncontrollably when the foreman delivered those verdicts. She had to live through the trauma caused not only by Lewis’ murder, but by the subsequent trial, which those responsible forced upon us all by failing to admit responsibility for what they had done.

“I am now sitting with my one remaining child, having been put through the trauma of yet another trial, listening to those verdicts being read out in relation to Ashley’s murder. I have lost another child; a victim of big egos running around the city with powerful guns, involved in petty feuds and killing innocent people.”

'I will never be able to have a family meal with Ashley again'

Mr Dunne’s statement, read by Mr Greaney, continues: “I want to take this opportunity to talk about Ashley.

“I couldn’t be any prouder of Ashley. She was a beautiful, intelligent, charismatic, career-driven, and family-orientated young woman. She had been through a lot with the death of her brother, but still managed throughout that ordeal and the subsequent murder trial to concentrate on her studies, graduating with a degree in environmental health. This is a testament to her strength, dedication, and intelligence. She knew what she wanted in life and worked hard to achieve it; she always did.

“She loved her food and when we’d go out for family meals, it was nearly always Ashley’s choice, but we were in good hands. Ashley had good taste. Ashley had a very active social life; she was liked by everyone, so getting a timeslot on Ashley’s busy schedule could usually be guaranteed by an offer of some nice tapas, or by cooking her a nice meal.

“Her favourite was steak, roast potatoes, broccoli, peas, and mushrooms. That was what she would most often ask me to cook, and we would sit, talk, and catch up for hours. I cherished every second that I spent with her. Because of the callous and cruel actions of those responsible, I will never be able to have a family meal with Ashley again. Despite this, as we saw on CCTV during the trial, Mr. Witham considered it acceptable to take Ashley’s life away - take all that from her, me, and all of her family – before spending time dining with his own young son, just two days after murdering her.”

Ashley's dad's agony as 'history repeats itself'

Mr Greaney moves on to the Victim Personal Statement of Ashley’s dad, Steven Dunne.

Mr Greaney will read it to the court on Mr Dunne’s behalf.

He reads: “On Saturday 20th August 2022, I went to bed as normal. I didn’t realise that when I woke up, my life would never be the same again. In the early hours of the morning on Sunday 21st August 2022, I was awoken by an officer from Merseyside Police who, on confirming who I was, told me my daughter, Ashley Dale, was dead.

“I can’t even begin to describe how I felt. I’d instantly been confined to a living nightmare. He then proceeded to tell me that Ashley had been shot. I remember shouting ‘no’ for a long time at the top of my voice; I couldn’t believe it - history had repeated itself.”

James Witham has returned to the dock.

“My son, Lewis Dunne, had been shot dead seven years previous at only 16 years of age. He was shot at close range in the back with a shotgun in a case of mistaken identity; an innocent victim caught in the middle of a gang feud. It had been a long seven years of pulling myself out of some very dark – and at times, lonely – places, trying to put my life back together.

“In 2022, I was expecting the arrival of my first grandson, and life seemed to be pretty positive again. It had taken a lot to get to where I was after the murder of my son, and I’d instantly been put back to day one by the actions of another. Ashley is the oldest of my three children, Lewis the youngest – both are now deceased.”

Under the gaze of Ashley's mum, James Witham walks out of the dock

Julie continues: “I don’t feel safe in my own home, fearful something terrible will happen to me or my family. My once rational mind is very irrational now. I am scared when a car drives past, or an unexpected visitor knocks at the door. I can’t sleep and when I do I wake and the reality of this nightmare hits me and Ashley dies over and over again. I take medication I never imagined myself needing just to get me through the day. Months of counselling to help process this, but what can anyone say or do to make me feel better?

“This past year has been unbearable, the countless visits from police, court visits, meeting with barristers and CPS, thrust into an unknown criminal arena. I have spent the last 15 months, anticipating how or if I would cope during my daughter’s murder trial. Having to sit through endless weeks, seeing and hearing the most horrific details of how my perfect girl was left asking for help, dying alone in a cold wet back yard. Hearing how you all made attempts to cover this up with lies to save yourselves, showing no remorse or compassion to me or my family. Some of you even claiming to be heartbroken and devastated, yet still you could not do the right thing. Making a mockery with the answers given as to how and why this act was carried out.

“No act or person deserves to die - but this I will never ever begin to understand or accept how this could have happened to my perfect beautiful girl, who had her whole life ahead of her.

“I hope you all understand, that I will never ever forgive you, for the life sentence you have gave to me and my family.

“People speak about Justice for Ashley, but in my eyes there will never be justice. The only justice is that this would never have happened, although I can now rest knowing that you monsters are going to pay for what you have done to me and my family and that you too have ruined your own lives and your family’s lives. I hope my words haunt you all forever and you James Witham; I hope when you go to sleep at night you too see my baby girl’s face as I do every single night."

Julie looks directly towards the dock at James Witham.

He voice wavers again. “For my Ash, My Baby Girl, Forever 28. I love you. I miss You. Until we meet again, Mum.”

Julie steps down from the witness box, and returns to her seat in the public gallery.

Paul Greaney says: “Ashley’s father has drawn it to our attention that Mr Witham has left the dock.”

Justice Goose says: “Yes he has stepped out temporarily. I’m expecting him to come back.”

PG: “I’ll continue."

'My baby girl was now a piece of evidence'

Julie Dale continues with her statement: “Another sound no mother should hear - the screams of my baby girls when I told them something awful had happened to their big sister, and she had passed away. The inconsolable cries of a seven and 12-year-old, whose lights had also just been switched off.

“Terrified something terrible will happen to them, we all spent the next week sleeping in the same bed. The months of sleepless nights, crying out in their sleep, shouting for their sister “why, why, why” or “mummy, help me”.

Julie’s voice cracks again, before she regathers her composure.

“The ongoing months of therapy needed, to help my now nine-year-old process how or why this has happened. My 12-year-old forced to change school, as she felt unable to return to her old one. In fear of everyone knowing what had happened, not wanting to feel like she was in a ‘fish bowl’ with all eyes on her. Never to spend another night staying over at their big sister’s house being spoilt, or never getting to become aunties, a role that they both so looked forward too.

“That night I had to do the unthinkable. Again something no mum should ever have to do. I identified my beautiful, sweet baby girl in a mortuary, lying there lifeless behind a glass screen. Unable to touch, hold or smell her. My beautiful baby girl was now a piece of evidence.

“The weeks went by and the unthinkable things continued. Choosing a coffin for my 28-year-old daughter, brochures left behind like I was choosing a piece of furniture, or shopping for an outfit for her to wear, whilst she lay dead alone in a funeral home. Planning her funeral, the most unnatural thing a parent should ever have to do. What should have been a private event broadcast on TV for the world to see. Our once private life, now in the public eye for all to see and comment.

“How has this happened? Two weeks before we toasted her promotion over Sunday lunch. Ashley was so excited to start her new role and we were all so so proud of her achievements, seeing her graduate was one of the proudest moments of my life. But now the plans she had for life had been robbed from her, for an utterly senseless crime.

“Ashley’s only crime, that she fell in love with the wrong person. A person who could not keep her safe in life or offer any help with the inv that followed or show any compassion to me or my family but continue to lie and make up reasons. None of which included him.

“At 45 I’d lost my daughter, my life has changed forever. I’ve been forced to leave my job as a midwife, which I have done for the past 20 years. A career I’d worked so hard for, to better mine and Ashley’s lives, defeating the odds by going to university and getting a degree after being wrote off as a young mum. The sense of loss after not being unemployed since the age of 16, and the financial hardship and worry this has brought.

“I hate that I won’t see her get married, have children and deliver her babies, become Nanny Julie or grow old together like we always joked about. Often being mistaken for sisters as we were only 16 years apart. Trying to fill that void, as we spoke every day sharing everything. Getting into my car and calling her, even if she never answered, that I will never get used to. We don’t get to spend another Christmas with her, harassing me to put her tree up. Walking in on Christmas Day looking like a supermodel, asking “when’s dinner ready?” and I look like I’ve been dragged through a hedge sweating over the stove.

“We should be celebrating her 30th birthday this year, a milestone we all so looked forward to celebrating, and have that trip to New York, like we did for her 18th.

“I don’t like leaving the house any more, socialising with friends, having my photo taken, going the gym and doing all the things we once enjoyed as a family - I am a different mum, friend and partner now.”

Ashley Dale's mum: 'My lights have been put out forever'

Mr Greaney says: “Finally, and very importantly, we will turn to the victim personal statements.

He calls on Julie Dale, Ashley's mother, to enter the witness box. Julie steps into the witness box and begins to read her statement.

JD: “03:45 on the 21st August 2022. The day I not only lost my daughter, but my best friend. The night we got that dreaded knock that no parent or family should ever have to get.

“Two police officers stood at my door, an image that will haunt me forever. I remember walking down the stairs, saying to Bobby (her partner) “I’m scared”, I know what this means. “Can we come in?”, they said. Never did I think they would say these words. ‘She’s passed away’ they said.

“My life might as well have ended there too. Those three little words had just turned my lights out forever. Time has since stood still.

“How? Why? What’s happened? Are you sure it’s Ashley? All those questions running round my mind. Our lives had just been turned upside down in the blink of an eye. She can’t be, we only spoke a few hours ago and she was fine.

“There’s been an incident at the property, Ashley’s home. “She has been shot” they said. Shaking, I fell to the floor.

“The police officers left, leaving carnage behind. Myself and Bobby in total shock and disbelief. Ashley’s two younger sisters were sleeping peacefully in their beds upstairs. Then the reality set in, that I was going to have to tell them, that their big sister they so adored was no longer here.

Julie’s voice, steady and assured so far, begins to crack and there are tears among her family in the public gallery.

JD: “Those poor innocent girls, exposed to this horrific act. How can I tell them some evil person has done this to their defenceless sister who was home alone in her place of safety. A place where they regularly spent nights staying over , sleeping in the bedroom where five shots had been fired, above the bed where they had slept only one week before. The horrific thought came to my mind, that we could have been here dealing with multiple murders. My whole family could have been killed that night. No thought given to who could have been in the house, one intention only. To kill.”

Some defendants 'raised as alternative suspects in trial of Thomas Cashman'

Mr Greaney moves on to a set of reporting restrictions, relating to the other cases and a separate trial.

PG: “The position is two sets of reporting restrictions seem to have been involved. First of all, in the trial of Thomas Cashman some of the defendants and others were named as potential alternative suspects. They were also imposed in the indictment to the other proceedings. At that stage there was the possibility the Kyle Line could be tried. The position of the prosecution is that reporting restrictions should now be discharged.

JG: “I discharge the outstanding reporting restrictions agreed previously in those proceedings.”

The judge agrees a Proceeds of Crime Act (POCA_ timetable for Sean Zeisz and Niall Barry.

Sean Zeisz and brother were also on EncroChat network

Mr Greaney moves on to counts three and four, conspiracies to possess a firearm and ammunition with intent to endanger life.

PG: “The offence would have fallen into the high culpability on account of the sophisticated nature of the offence and the significant planning. It would have fallen into category two because of the high risk of death. The offence is aggravated by the fact ammunition was possessed alongside a firearm and that background of serious organised criminality

He says there is a 14 year starting point, with a range of 11-17.

Mr Greaney moves on to the EncroChat charges against Barry and Zeisz.

PG: “The evidence at the trial of Niall Barry revealed Niall Barry and Sean Zeisz were engaged in serious organised criminality. They ran a network that supplied class A and B drugs in significant quantities across large parts of the UK spreading into North Wales and as far south as Brighton through their partner Dillon Caine.”

The court hears Caine will be sentenced at a later date.

Mr Greaney says Niall Barry “sourced firearms” as part of his criminality. He says this was detected after the encrypted communications platform EncroChat was hacked by the French National Police, who passed on the data to international partners.

Mr Greaney says Barry was the user of the handle “BetterTrunk”

PG: “What was not introduced at trial was that Sean Zeisz was FrostySocks, with whom Niall Barry exchanged messages, including on one occasions about firearms.

He says Dillon Caine was ‘ButterflySea’, and Stephen Zeisz, Sean Zeisz’s older brother, was ‘BeigeSalad’.

PG: “Those involved in this network of conspiracy to supply drugs in very large quantities indeed. On a cautious estimate, Niall Barry conspired to supply over 40kg of cocaine, half a kilo of heroin, 28kg of cannabis, 1kg of ketamine and amphetamines over course of six months

“A Conservative estimate of the value of drugs supplied on his instruction” was “just over £1.5million”

Barry referred to making £100,000 cash available “to fund transactions at very short notice”.

Sean Zeisz was linked to the movement of 15kg cocaine, 6kg heroin, 13kg cannabis, and 2kg ketamine.

Mr Greaney says a “conservative estimate of value of drugs supplied” was £686,000

PG: “Niall Barry and Sean Zeisz were wholesalers of drugs in large quantities of whatever type their customers wanted. Drug dealing on this scale and access to firearms goes hand in hand. It is unsurprising the EncroChat messages revealed Niall Barry was able to source and supply firearms and ammunition including firearms of the type which was plain in the attack on 40 Leinster Road.

“It’s important to emphasise Sean Zeisz was not convicted of any offences in relation to firearms.”

Niall Barry “placed an order for automatic weapons” including a Skorpion with Stephen Zeisz.

He also “agreed with Dillon Caine to supply an automatic weapon to a person called Max”.

“There were counts that related to the Kyle Line. Those counts, for good reason, were severed from the count two trial indictment. The Kyle Line counts currently remain for trial, but the position of the prosecution is that, bearing in mind his admissions about his involvement in the Kyle Line, the court can take that into consideration. It seems to the prosecution that the third indictment, the Kyle Line indictment, should be left on the file.”

Justice Goose orders those counts to lie on file.

Plan was 'Lee Harrison should be killed along with anyone who got in the way'

Mr Greaney moves on to count two, conspiracy to murder Lee Harrison.

PG: “The focus of the conspiracy was of course Lee Harrison, and the maximum sentence is life imprisonment.

“The aggravating factors are these. The offence was committed against a background of serious organised criminality. A vehicle was sourced. A false number plate was identified, manufactured and deployed. The offence involved the use of a loaded firearm, a weapon having been sourced for the purposes of the plot. That was not just any weapon, but a sub-machine gun. The conspiracy involved agreement not only that the target, Lee Harrison, should be killed but that anyone who got in the way should be killed. The plan involved an attack upon a home. The plan involved the deployment of a two man hit team. The organisers remained distant from the killers in that flat. Attempts were made to keep the Hyundai out of the clutches of investigators. James Witham and Joseph Peers fled and Niall Barry sought to do so. Niall Barry and Sean Zeisz performed organisational roles. Each defendant has previous convictions.

“There are, we submit, no factors to mitigate the seriousness of that offending. It is likely the court would have imposed a life sentence given the serious risk of harm each defendant poses to members of the public. Any debate on that issue is entirely academic.

“The Crown submit that count two would be a culpability A case, very high culpability, and a category 3 harm case because Harrison was not actually harmed

He says the offence would have attracted a starting point of a 25 years in prison, with a range between 20 and 30, but “would have required a substantial uplift”.

'Ashley was executed in terror'

Mr Greaney says of the murder of Ashley Dale: “The sentence is of course fixed by law on this count. Imprisonment for life. The prosecution submit that while the case of each defendant calls for a particularly lengthy minimum term, it is not one requiring a whole life order.

“If the position of the Crown is right, the question becomes what is the minimum term each must serve before becoming eligible to apply for parole.”

“The prosecution submit that on the facts of count one, the seriousness of the offence is particularly high because the murder involved the use of a firearm. The appropriate starting point in determining the minimum term is, we say, 30 years. We understand each of the defendants agrees with that.

“Of the aggravating factors, one is present. There was a significant degree of planning or pre meditation. This went well beyond that involved in most murders. The Hyundai was acquired, and while the defendants may have intended to use that vehicle in broader criminality, given its acquisition less than a week before it is a reasonable inference that one of the reasons for its acquisition was for the attack. It was acquired and insured in circumstances intended to conceal its true ownership. Plates were made up, and those false plates were deployed with a view to concealing its identity.”

“A firearm and ammunition were sourced. The killing involved a number of men, so a group, with the organisers remaining at 267 Pilch Lane seeking to distance themselves. Reconnaissance was carried out, and the attack on Ashley’s vehicle was designed to flush the occupants from the house. When that didn’t work, the killers were not deterred.

“The seriousness of the offending is aggravated by a series of factors not listed but properly taken into account. Those are nine in number.

“One, the attack on 40 Leinster Road and the murder of Ashley Dale occurred against a background of serious organised crime. Two, Ashley was killed in her own home. She was in the living room of her home wearing pyjamasand watching TV when a man wearing a balaclava and armed with a machine gun, James Witham, smashed in the front door and confronted Ashley. Ashley attempted to flee but James Witham pursued her. What James Witham did may properly be described as an execution.

“Three, Ashley must have experienced considerable terror in the moments before her death

“Four, the defendant’s decided the attack should be launched with a military grade weapon

“Five having murdered Ashley Dale, James Witham went upstairs and discharged that firearm again. This time in a bedroom. This was done in order to send out a message to Lee Harrison. the only reasonable inference was this was a plan agreed by all the defendants in the dock, before My Lord.

“Six, attempts were made to keep the Hyundai out of the clutches of investigators.

“Seven, in the cases of Jams Witham and Joseph Peers they fled in an attempt to avoid justice. Niall Barry’s attempts to do so were particularly sophisticated.

“Eight, Niall Barry and Sean Zeisz performed organisational roles.”

“Nine, each defendant has to varying degrees previous convictions.”

“The court is also required to take into account any mitigating factors…We submit there are no mitigating factors. Count one represents a truly terrible crime.”

Niall Barry: 'A serious organised criminal for years'

Mr Greaney moves on to Niall Barry.

He has three convictions for four offences.

PG: “Those convictions all relate to the posession of controlled drugs. in 2016 and 2019, possession of cannabis, and in 2021 possession of cocaine and cannabis. The limited nature of Niall Barry’s previous convictions fails to reveal he had been a serious organised criminal for years. He had been involved, heavily involved, in the supply of class A and B drugs over many years prior to the murder of Ashley Dale and had access to firearms, including automatic firearms.

Barry also falls to be sentenced for the separate conspiracy to supply cocaine, heroin, cannabis, amphetamine and ketamine.

On that indictment, he will be sentenced to conspiracy to possess prohibited weapons including a .38 caliber gun, Skorpion machine gun and related ammunition

He also faces a charge of conspiracy to to sell or transfer a prohibited weapon, namely an automatic firearm and ammunition

Barry was convicted after trial.

PG: “The conduct of Sean Zeisz and Niall Barry represents serious organised criminality of a significant nature, of a type that would of itself require the imposition of lengthy custodial sentences.”

Sean Zeisz: Also facing sentence for unrelated drug supply charges

Mr Greaney moves on to Sean Zeisz.

He has four convictions for six offences.

PG: “He has convictions in 2016 and 2018 for the possession of class A drugs, cocaine, and class B drugs cannabis along with another con in 2016 for handling stolen goods. Each resulted in non custodial disposals.

“More seriously in April 2016, Sean Zeisz was sentenced to 16 months for assault occasioning actual bodily harm and two offences of common assault. Given the intense jealousy of Sean Zeisz arising out of the association with Olivia McDowell and Jordan Thompson played a part in the events which led to the murder of Ashley Dale, it is relevant to set out details.

Mr Greaney says back in 2015, Zeisz was in a relationship with Chloe Baker.

After it ended, they “bumped into each other” in the street.

He says Zeisz “grabbed her by the waist and threatened to punch her and a friend”.

He punched the friend and a taxi driver, which resulted in the common assault charges, then attacked Chloe Baker

A car arrived on request of Zeisz, and Miss Baker was “bundled in”, and attacked inside.

The car arrived at Zeisz’s home, and the “assault only stopped when the defendant’s father dragged him away”.

PG: “Sean Zeisz’s previous convictions do not reveal the full extent of his criminal conduct. Sean Zeisz was involved in the distribution of class A and B drugs on a significant scale over a substantial period.”

As well as murder, conspiracy to murder and conspiracy to possess a firearm and ammunition, Zeisz also falls to be sentenced for offences of conspiracy to supply cocaine, heroin, cannabis and ketamine with others including Niall Barry.

(This information was not given in evidence before the jury).

He pleaded guilty to these offences

Joseph Peers: Criminal record

Mr Greaney moves on to Joseph Peers, who has six previous convictions for 11 offences.

PG: “His offending was low level criminality relating to driving, possession of drugs and public disorder. He had received only one sentence of immediate imprisonment, two months for driving while disqualified on May 10, 2018. That was his last conviction prior to his conviction by the jury in this trial.

“His counsel correctly observe his previous convictions are of a wholly different nature and quality.”