Revealed: How Ashley Dale’s drug-dealing gangster killers arranged sale of Skorpion machine gun and £2m worth of narcotics on Encrochat messaging service before they were bust …
By Richard Marsden[1] and Jon Brady[2]
Published: 20:36, 22 November 2023 | Updated: 20:36, 22 November 2023
Gangsters who organised the murder of Ashley Dale arranged the sale of more than GBP2m of drugs over six months in what a judge described as ‘very serious organised crime[3]‘.
The activities of Niall Barry, 26, and Sean Zeisz, 28, were uncovered when police infiltrated the Encrochat messaging service used by criminals.
Prosecutor Paul Greaney told Liverpool Crown Court the pair were involved in ‘conspiracy to supply drugs in huge quantities’. Barry was also involved in sale of firearms including a Skorpion submachine gun – the same type used to kill Ashley.
In the first half of 2020, Barry – known by the nickname Better Trunk – sold 40kg of cocaine, 0.5kg of heroin, 28kg of cannabis, 1kg of ketamine and 1kg of amphetamines.
Mr Greaney said: ‘A conservative estimate of the value of the drugs supplied is just over GBP1.5m. Niall Barry refers to making GBP100,000 cash available to fund transactions at very short notice.’
Niall Barry (left) and Sean Zeisz (right) arranged the sale of GBP2m of drugs; the pair were also instrumental in the murder of Ashley Dale
Ashley Dale died when gunman James Witham, 41, forced his way into a house in Liverpool before opening fire with a Skorpion submachine gun
Sean Zeisz, who operated on Encrochat under the nickname Frosty Socks, was involved in supplying cocaine, heroin, cannabis and ketamine
Pictured left to right on a night out: Sean Zeisz and Niall Barry – who have been handed additional prison sentences for supplying drugs – and Ms Dale’s girlfriend Lee Harrison
Ashley’s mother Julie Dale (left) said of her daughter: ‘We should be celebrating her 30th birthday this year’. Pictured right is Ashley’s father, Steve Dunne
Ms Dale said she was ‘more angry’ towards Harrison than the hitman himself, adding: ‘Without Lee Harrison this wouldn’t have happened’
Meanwhile, Zeisz, known on Encrochat as Frosty Socks, was involved in supplying 15kg of cocaine, 6kg of heroin, 13kg of cannabis and 2kg of ketamine.
Mr Greaney said: ‘Niall Barry and Sean Zeisz were wholesalers of huge amounts of drugs in whatever quantities customers wanted.
REVEALED: Two of Ashley Dale’s murders were named as suspects in Olivia’s shooting
Two of the men convicted of murdering Ashley Dale were named as potential suspects in the shooting of Olivia Pratt-Korbel, it can now be reported.
Nine-year-old Olivia was shot by Thomas Cashman, 35, as he chased drug dealer Joseph Nee into her home in Dovecot, Liverpool, on August 22 last year.
The shooting came the day after gunman James Witham, 41, forced his way into Miss Dale’s home in Old Swan, Liverpool, and killed her.
During his trial at Manchester Crown Court in March, lawyers representing Cashman sought to introduce evidence to his trial about other people who had been named as potential suspects in the murder.
Those named during legal argument included Sean Zeisz, 28, and Niall Barry, 26 – who went on to be convicted of Miss Dale’s murder – and Ian Fitzgibbon, 28, who stood trial for her murder and was found not guilty.
In arguments heard in private but summarised in a ruling by judge Mrs Justice Yip, the defence asked for disclosure of information relating to Fitzgibbon, who was extradited from Spain in August to stand trial for Ms Dale’s shooting.
The defence also wanted to elicit evidence about a feud involving the family of Mr Nee.
Zeisz and Barry were jointly charged with conspiracy to commit grievous bodily harm to his brother, Jamie Nee, although both were acquitted at a trial earlier this year.
In an interview with police, Mr Nee speculated the attack on him could be linked to an arrest of Barry, as he was likely to believe Mr Nee was responsible for it.
But the prosecution in Cashman’s trial argued there was evidence which meant the suspects had been ruled out as the gunman who killed Olivia.
The appearance of Barry and Fitzgibbon did not match the height and build of the gunman in Olivia’s shooting and there was telephone and ANPR evidence relating to Zeisz which excluded him, the court heard.
The defence also wanted to elicit evidence which suggested Nee was at odds with the Hillside organised crime group – which Miss Dale’s boyfriend Lee Harrison was associated with and his friend Jordan Thompson was part of. But the prosecution said there was telephone evidence to exclude Mr Thompson while Mr Harrison had an alibi and there was no evidence of his involvement.
The court heard during the course of the investigation into Olivia’s murder many names were mentioned as being responsible for it, including Cashman’s on multiple occasions. The defence application to introduce evidence about other suspects was dismissed by Mrs Justice Yip.
She said: ‘The issue in this case is whether Mr Cashman was the gunman.’
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‘Drug dealing on this scale and acquisition of firearms goes hand in hand.’
The prosecutor also said the pair exchanged messages about access to a .38-calibre revolver and a Skorpion submachine gun.
Mr Greaney added: ‘It’s unsurprising Niall Barry was able to source and supply firearms and ammunition including the very type deployed at Leinster Road (Ashley Dale’s home).’
Barry was convicted of supplying class A and class B drugs, possession of a prohibited weapon and conspiracy to sell or transfer a prohibited weapon after a trial in May and June.
Zeisz pleaded guilty to supplying class A and class B drugs but was acquitted of weapons charges.
The court heard the pair operated across North West England and Wales, and as far as the South Coast.
Mr Justice Goose sentenced Barry to 30 years for the offences related to the Encrochat bust and Zeisz 15 years, to run concurrently with their life sentences for Ashley’s murder.
He said the pair ‘were part of a conspiracy to supply large quantities of illicit drugs over a six-month period in 2020 in both the north and south of this country’.
Separate charges against Barry for running the ‘Kyle Line’ county lines drug dealing network between Liverpool and North Wales were ordered to lie on file, with the prosecution seeking no further trial due to his hefty murder sentence.
The court heard Barry and Zeisz, as well as fellow murderers James Witham and Joseph Peers, had a string of previous convictions.
Barry had three convictions for four offences – possession of cannabis in 2016 and 2019, and possession of cocaine and cannabis in 2021. He had received community sentences in each case.
But Mr Greaney said the ‘limited nature of Niall Barry’s previous convictions fails to reveal he had been a serious organised criminal for years prior to the murder of Ashley Dale’.
‘By his own admissions (in the trial), he had been heavily involved in the supply of class A and class B drugs and had access to firearms including automatic firearms’, he added.
Zeisz had four previous convictions for six offences. Some were for possessing cocaine and cannabis and stolen goods.
But in 2016, he was locked up for 16 months for causing actual bodily harm and common assault.
Mr Greaney said the case involved a former girlfriend.
At first, he threatened to stab her, then he bundled into a car and attacked her.
Mr Greaney said the attack was ‘relevant’ because it demonstrated ‘jealousy’, which was later evidenced in his feud with Ashley’s boyfriend Lee Harrison after Zeisz’s ex-girlfriend had a fling with one of Harrison’s associates.
James Witham, the hitman who shot Ashley Dale, had committed 37 previous offences, 16 of which involved drugs, while his other crimes were dishonesty and two counts of causing actual bodily harm.
He was previously jailed twice for drug dealing, sentenced to 15 months in 2003 and 24 months in 2016.
Witham’s driver Joseph Peers had 11 previous ‘low-level’ convictions for driving offences, possession of drugs and public order offences. He served one two-month prison sentence in 2018 for driving while disqualified.
The court heard there was ‘very little’ any of the four could offer in mitigation before they were sentenced for Ashley’s murder.
Ms Dale was killed when gunman Witham, 41, forced his way into the house in Old Swan, Liverpool, in the early hours of August 21 last year before opening fire with a Skorpion submachine gun.
Joseph Peers (left) and James Witham (right), who have also been convicted of murder alongside Barry and Zeisz
This photo of Ms Dale with her dachshund Darla was taken less than an hour before her death
Ms Dale was shot by James Witham in the back garden of her home in Old Swan, Liverpool (pictured)
The gunman knocked down her front door before bursting inside and opening fire
A bullet casing was found under her bed that was used to trace Witham
Julie (left) with Ashley (right) today told her daughter’s killers she would ‘never forgive’ them
A new photo released by police today showing Ms Dale with her father, Steve Dunne
Mr Dunne outside court following the sentencing today
Witham was jailed for life with a minimum term of 43 years. Barry, who was described by the prosecution as the ‘malign presence’ behind Ms Dale’s killing, was sentenced to a minimum term of 47 years.
Peers, 29, said to be a ‘foot soldier’ who drove Witham to the scene, was sentenced to at least 41 years and Zeisz, who was accused of organising and encouraging the attack with Barry, was told to serve a minimum of 42 years.
Turning to the four killers in court earlier today, the victim’s mother, Julie Dale, said she would ‘never, ever forgive them’.
She added: ‘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, 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.’
After hearing her statement, cowardly Witham fled the dock. He later returned for the victim impact statement from Ms Dale’s father, Steve Dunne, who said her death had left him with ‘dark thoughts of whether I can live this life anymore’.
His youngest son, 16-year-old Lewis Dunne, was murdered eight years ago[4] after being mistaken for a gang member.
Zeisz, Barry, Witham and getaway driver Peers were all convicted by unanimous decision of murdering Ashley, conspiracy to murder her boyfriend, Lee Harrison, and conspiracy to possess a firearm and ammunition with intent to endanger life.
The court heard how Harrison, who was not in the house at the time, had been the intended target of the shooting in August 2022.
A feud with Barry over the theft of drugs had been reignited at the Glastonbury festival in June that year; during the festival, Barry was heard threatening to stab Harrison and Zeisz was assaulted by a group said to include a friend of Harrison’s.
Ashley Dale is one of five innocent people caught in the crossfire of violent Merseyside drug gangs in 2022
It can now be revealed that two of those convicted of murdering Ms Dale – plus Harrison – were named during the trial of Olivia’s killer, Thomas Cashman, as being allegedly involved in a deadly feud that culminated in the schoolgirl’s shooting
Olivia was shot dead by Cashman after he broke into her home while hunting fellow career criminal Joseph Nee
Elle Edwards, who died when Connor Chapman opened fire on a pub beer garden in Wirral on Christmas Eve last year
Police are still hunting the killers of Sam Rimmer (left), who was shot in Dingle, Liverpool in August 2022 and Jacqueline Rutter (right), who was gunned down at her home in Moreton, Wirral in October 2022
Ms Dale was heard by a neighbour screaming ‘get the f** out’. She ‘attempted to run for her life but Witham opened fire’, shooting her ‘deliberately and mercilessly’, the prosecutor said.
Mr Greaney added Witham then went upstairs and fired five bullets into a bedroom wall to ‘send a message’ that Harrison, too, ‘should be dead’.
Ms Dale has slammed Harrison’s behaviour since the murder on August 21 last year – refusing to cooperate with the police investigation into her death and leaving the country – as ‘absolutely despicable’.
She declared she was ‘more angry’ at Harrison, a former friend of Barry and his associate Sean Zeisz, also convicted of murder, ‘than I am to the person who’s actually killed Ashley’.
Ashley was one of five innocents murdered last year amid escalating violence between Merseyside drug gangs.
Other innocent victims of Liverpool’s violent gang feuds last year were Olivia Pratt-Korbel, aged nine, killed at her home in Dovecot, Liverpool, the day after Ashley’s murder; beautician Elle Edwards, 26, who died when a gunman opened fire on a pub beer garden in Wallasey, Wirral, on Christmas Eve; and Sam Rimmer, 22, who died on August 16, when shots were fired at a group of men in Dingle, Liverpool.
A fifth killing involved grandmother Jacqueline Rutter, gunned down in her home in Moreton, Wirral, in October 2022.
Nobody has been charged over her death.
Gunman Thomas Cashman, now 35, was jailed for life with a minimum term of 42 years for the murder of Olivia.
She was shot with a .38 revolver after intended target Joseph Nee – who was being pursued down the street – attempted to escape by bursting into Olivia’s family home. As her mother tried to keep the door shut, a shot fired towards drug dealer Nee hit her wrist before striking Olivia.
In July, Connor Chapman, 23, received a 48-year minimum term after being found guilty of murdering Ms Edwards with a Skorpion submachine gun.
Nobody has yet been caught for killing Mr Rimmer, also shot with a Skorpion.
‘My life might as well have ended as well’: Full victim impact statements from Ashley Dale’s heartbroken parents
Ms Dale’s mother, Julie, told the court –
Ashley pictured with her mother on the day of her graduation
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 ‘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 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, their big sister they so adored was no longer here. 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.
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’. 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 perfect 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.
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 written 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 anymore, socialising with friends, having my photo taken, going the gym and doing all the things we once enjoyed doing as a family – I am a different mum, friend and partner now.
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 terrified 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.
For My Ash, My Baby Girl, Forever 28. I love you.
I Miss You. Until we meet again, Mum.
Her father, Steve Dunne, said:
Ms Dale in a family photo alongside her father, Steve
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.
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.
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 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 make 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.
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 December 2022 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 along 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.
References
- ^ Richard Marsden (www.dailymail.co.uk)
- ^ Jon Brady (www.dailymail.co.uk)
- ^ crime (www.dailymail.co.uk)
- ^ was murdered eight years ago (www.dailymail.co.uk)
- ^ Crime (www.dailymail.co.uk)
- ^ Merseyside Police (www.dailymail.co.uk)