Ashley Dale killers ordered to pay back just £1 of the £2 million they made from crime

Niall Barry and Sean Zeisz were both convicted of the council worker's murder last November

Author: Eleanor Barlow & Dan DaviesPublished 7th Sep 2024
Last updated 7th Sep 2024

Two of the killers of 28-year-old council worker Ashley Dale made a total of more than £2 million from crime but have only been ordered to pay back £1 each.

Ms Dale, an environmental health worker, was killed when gunman James Witham, 42, forced his way into her home in Old Swan, Liverpool, in the early hours of August 21, 2022 and opened fire with a Skorpion submachine gun.

Niall Barry, 27, and Sean Zeisz, 28, were both convicted of her murder last November.

The men, both ordered to serve minimum terms of more than 40 years, were also sentenced for drugs supply offences and Barry was sentenced for possession of prohibited firearms and conspiracy to sell or transfer firearms.

In a proceeds of crime application hearing on Friday, Judge Denis Watson KC found Barry had benefited from crime by £1,580,800 and Zeisz had made £686,350.

In both cases, the court found there were no available assets to seize so a confiscation order for the nominal amount of £1 was made.

An order for a nominal amount can be increased following reviews of a defendant's financial circumstances.

An order was also made to deprive Barry of any interest in the Hyundai i30 used in the murder.

Alex Langhorn, prosecuting, said: "By the findings of the jury in that case, he clearly had control of it."

Barry told the court: "It wasn't mine."

He was not represented by counsel after barrister Katy Appleton told the court she was withdrawing due to "professional embarrassment".

His mother was told to sit down during the hearing after she stood up in the public gallery and gestured towards her son in the dock.

Barry, who was sentenced to life with a minimum of 47 years, was said to have been the "malign presence" behind Ms Dale's killing.

The court heard a crypto currency account with "54,904 coins in" was found on a laptop in the house of his partner Lucy Worley.

But, after taking instructions, Mr Langhorn said the laptop was found under the bed in her father's room.

He said: "The police are going to deal with by way of asset forfeiture in the lower court."

At the end of the hearing Barry asked: "Where would that leave my girlfriend if she wanted to go and get her stuff back?"

When he was told his solicitor would speak to him, he said: "Thank-you very much, ta."

Turning to family in the public gallery, he said: "See youse in a bit."

Zeisz, who was dealt with earlier in the day, made thumbs up gestures to friends and family members in the public gallery and beckoned them over to speak to him after the hearing finished.

He was sentenced last year to life with a minimum of 42 years for actively encouraging the shooting.

The trial heard Ms Dale's murder happened after a drug feud between Barry and her partner Lee Harrison, which was "re-ignited" at the Glastonbury festival in June 2022.

Gunman Witham was sentenced to a minimum of 43 years and Joseph Peers, 29, was jailed for at least 41 years for driving him to the scene of the murder.

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