shirleymckie.myfastforum.org

kevin donald · Joined: 29 Oct 2007 Posts: 195

THE Court of Appeal will next month consider the case of the two men convicted of the 2003 murder of Galston pensioner Margaret Irvine.

A three-day appeal court hearing has been set for November 3, 4 and 5.

Brendan Dixon, 40, and Patrick Docherty, 45, claim that they were wrongly convicted at the High Court in Kilmarnock in March 2005

Oct 9 2009 by Colin Rutherford, Kilmarnock Standard

http://www.kilmarnockstandard.co....plea-decision-due-81430-24872831/

http://justice4brendandixon.weebly.com/

Sami · Joined: 06 Oct 2008 Posts: 9

Pensioner's killers in appeal bid

Two men have launched an appeal against their convictions for murdering a 91-year-old woman during a botched robbery at her home in Ayrshire.

Patrick Docherty, 45, and 40-year-old Brendan Dixon were ordered to serve at least 25 years for killing Margaret Irvine in Galston, Ayrshire, in 2003.

Both men allege they did not receive a fair trial.

The hearing at the Court of Criminal Appeal in Edinburgh is expected to last three days.

The original trial heard that Docherty and Dixon broke into Mrs Irvine's home on Barward Road, switched off the electricity and struggled with the pensioner.

There has been a miscarriage of justice because that evidence was not placed before the jury
Gordon Jackson QC

They then tied her hands behind her back with a belt and punched her on the head and body.

Mrs Irvine died of asphyxiation after a duster was forced into her mouth.

She was found lying on her bed by her home-help hours after she was murdered on 28 September, 2003. Both men lodged special defences of alibi and claimed they were elsewhere at the time of the murder.

But a jury at the High Court in Kilmarnock found them guilty of murder.

Jailing the pair for life, Judge Lord Hardie said the "wickedly reckless and truly evil" crime was "beyond the comprehension of all decent people".

Docherty's defence QC Gordon Jackson told the Court of Criminal Appeal that the trial four years ago might have had a different outcome if the jury had known about the sighting of a tattooed man in Mrs Irvine's garden on the day of the murder.

He said the man, Peter Fraser, had a history of violence and drug abuse.

'Tactical value'

Mr Jackson also said restaurant worker Sheena Orr, who had been passing the house, was not called as a witness at the trial.

Docherty's legal team said that since the trial it had emerged that there was a 16-hour gap in the alibi offered by Mr Fraser when he was interviewed by police and eliminated from the murder hunt.

Mr Jackson told judges Lady Paton, sitting with Lords Mackay of Drumadoon and Carloway that police had not turned over all their material about the sighting to the defence.

"I would find that tactically of value in defending this man before a jury and I would have used it," said the lawyer.

"There has been a miscarriage of justice because that evidence was not placed before the jury."

Both men also claim that the prosecution's circumstantial case in which there was no DNA link and no confessions should not have led to guilty verdicts.

They also criticise remarks made by Lord Hardie when directing the jury on points of law.

http://news.bbc.co.uk/1/hi/scotland/8340797.stm

W.Roughead · Joined: 25 Oct 2008 Posts: 119 Location: Scotland.

No word on this appeal yet folks?
_________________
“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

scotkaz · Joined: 28 Aug 2008 Posts: 525

No there is no news yet of any decision on the appeal. It could take up to three months.
So now it is just a waiting game for the two guys and their families.

W.Roughead · Joined: 25 Oct 2008 Posts: 119 Location: Scotland.

It was supposed to be heard from 3rd November, I have been looking at the decisions - just wondered.
_________________
“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

scotkaz · Joined: 28 Aug 2008 Posts: 525

Yes the appeal was the 3rd 4th and 5th November but only lasted 2 days.
They said there would be a decision at a later date. We are expecting it to take anything from 3 weeks to 3 months for the decision to come through.

Nothing is ever fast it seems with the wheels of justice and injustice.