Ashley Dale killer fails to overturn conviction

News imageFamily handout A woman with blonde hair smiles into the camera Family handout
Ashley Dale was killed in her own home by a gang looking for her boyfriend who was out

One of Ashley Dale's killers has failed to overturn his murder conviction at the Court of Appeal.

Sean Zeisz was one of four men sentenced to more than 40 years for murdering the 28-year-old at her home in Liverpool in August 2022, following a "drug feud" involving her boyfriend.

Gunman James Witham kicked down the door and shot her with a Skorpion submachine gun.

Zeisz was told to serve a minimum term of 42 years for actively encouraging the shooting, but his lawyer argued the use of voice notes in the 2023 trial made his conviction unsafe and he asked judges to quash it.

The trial at Liverpool Crown Court heard voice notes Ashley Dale had sent to friends in the weeks before the shooting and some were sent just 30 minutes before she died.

During a hearing in London, Tim Forte KC, for Zeisz, said the material "consisted of out-loud musings" and "interpretations" of what the people speaking had seen, heard or been told.

'Manifestly excessive'

He added that the material "was used to create a vague and profound prejudice" against Zeisz.

Adam Davis KC, also representing Zeisz, said that if the conviction appeal failed then the sentence of 42 years should be reduced for being "manifestly excessive".

But Lord Justice Jeremy Baker, sitting with Mr Justice Soole and Mr Justice Dexter Dias, said the conviction and the sentence should stand.

He said: "We have considered the material for ourselves and we are satisfied that the judge was justified in admitting various items of hearsay evidence in the trial and that no unfair prejudice arose from its submission."

News imageMerseyside Police A mugshot of a man with short dark hair and blue eyes, wearing dark clothing on a grey backgroundMerseyside Police
Lawyers for Sean Zeisz argued voice notes had been used in the trial to create prejudice against him

"We have reflected on the overall criminality of the applicant arising from the offences disclosed by the indictments and we agree with the view of the single judge that the length of the minimum term was justified and accordingly, the renewed application for leave against sentence is refused," Lord Baker added.

Witham, Zeisz, Joseph Peers, and Niall Barry, were sentenced for murder in November 2023.

The trial heard Ashley Dale's partner, Lee Harrison, had been the intended target of the shooting due to a feud with Barry that had reignited at Glastonbury festival

Witham, Peers, Barry and Zeisz were also convicted of conspiracy to murder Harrison and conspiracy to possess a prohibited weapon and ammunition

Listen to the best of BBC Radio Merseyside on Sounds and follow BBC Merseyside on Facebook, X, and Instagram. You can also send story ideas via Whatsapp to 0808 100 2230.