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Tensions flare up at Ashley Dale trial: Defendants' mothers 'shouted at each other in the public gallery' - before row spilled out onto courthouse landing

1 year ago 52

By Richard Marsden

Published: 14:47 GMT, 23 November 2023 | Updated: 14:54 GMT, 23 November 2023

The mothers of two defendants in the Ashley Dale murder trial locked horns as tensions simmered in the courtroom, it can be revealed.

It can now be reported that the mothers of ringleader Niall Barry, 26 – jailed for life with a minimum term of 47 years - and Ian Fitzgibbon, 28, also accused of murder but found not guilty of all charges, exchanged tense words in court towards the close of the near seven-week case.

Their row came after a morning of legal arguments on Thursday, November 9, in the absence of the jury ahead of closing speeches.

Standing in the public gallery, Barry's mother, Janet Barry, 54, was heard to remark: 'Your son gave him a knife.'

Fitzgibbon's mum Tammi McDowell, 49, who was situated near the exit to the courtroom, then shouted back: 'Tell your son not to touch a hair on his head.'

Ashley Dale died after gunman James Witham burst into her home and began firing a machine gun 

The mothers of ringleader Niall Barry, 26, (left) and Ian Fitzgibbon, 28, (right) also accused of murder but found not guilty of all charges, exchanged tense words in court

The verbals then continued outside on the landing. The flare up reportedly cooled after one of fellow defendant Joseph Peers' family members intervened.

It came after Fitzgibbon claimed in his evidence that Barry had pulled out a knife to him at Glastonbury Festival and threatened to 'stab up' Ashley's boyfriend Lee Harrison, with whom he had a grudge over theft of drugs – his motive for ordering the killing.

Voice notes found on Ms Dale's phone meanwhile alleged that Fitzgibbon had given Harrison a blade following this incident, the trial heard.

Kallum Radford, 25, who walked free from court after being cleared of assisting an offender by allegedly helping to store the car used in the murder, also lost his temper at one stage during the proceedings, again when jurors were not present.

While leaving the courtroom after the close of prosecutor Paul Greaney KC's closing speech, he was heard to rant: 'Lying t***, lying b*****d.'

This photo of Ms Dale with her dachshund Darla was taken less than an hour before her death 

More bizarrely, the defendants were heard singing the Human League's Don't You Want Me Baby before being brought into court on one occasion.

Meanwhile, it is understood that one of Ashley's murderers kept a puzzle book with him in the dock in order to keep himself occupied.

Mr Greaney told jurors during the prosecution's opening last month that gunman Witham and 'driver' Peers, were 'dispatched' to Leinster Road to assassinate Harrison and 'leave no witnesses'. They had allegedly received their orders from Barry, Zeisz and Fitzgibbon - who were said to have been 'directing operations' from a flat in Huyton.

But Fitzgibbon, 28, of St Helens, was cleared of murdering Ashley, attempting to murder her boyfriend Lee Harrison, and conspiracy to possess a prohibited weapon and ammunition, after his barrister argued he had no motive.

John Cooper, KC, said the feud between Barry, Zeisz and Harrison which sparked the plot to attack Ashley Dale's home did not involve his client.

He said: 'There is no evidence of any problem Ian Fitzgibbon had with Lee Harrison. The feud, to whatever level it was, did not involve Ian Fitzgibbon.'

'It was nothing to do with Ian Fitzgibbon.'

Fitzgibbon claimed in his evidence that Barry had pulled out a knife to him at Glastonbury Festival and threatened to 'stab up' Ashley's boyfriend Lee Harrison (pictured)  

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