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scotkaz · Joined: 28 Aug 2008 Posts: 526

On Tuesday March 1st 2005, at Kilmarnock High Court, Brendan Dixon and Patrick Docherty were both found guilty of the murder of Margaret Irvine.

Both men were given life sentences for a crime that the evidence shows they did not commit.

Colin Miller [The Third accused man in this case recieved a verdict of Not Proven].

There was no physical evidence in this case. It was based on hearsay and circumstancial evidence.

Police recovered DNA And Footprints from the murder scene which do not belong to any of the accused.

A number of key witnesses, who are no strangers to police, had themselves been questioned about the murder. It has been alleged that several of these witnesses were proven to have lied in court against Brendan and Patrick.

It is important that ALL the evidence is now heard, not just for the sake of Patrick and Brendan, but also for the sake of Mrs Margaret Irvine, who most certainly did not deserve to be killed.

Docherty's appeal team has uncovered evidence which it claims was not presented to the defence, including a restaurant worker who wasn't called to give evidence, and non-disclosure is one of the grounds for his appeal. The witness also provided precognition testimony that she had seen two men outside the dead woman's house on the day her body was found. One of the men, who was picked out from a photo identification, gave evidence for the prosecution.

The witness was unable to identify either of the men.

The restaurant worker was not called to give evidence at the murder trial, despite police apparently telling her that what she saw “could have great significance to the murder”.

She is believed to have provided a statement saying that she saw the men as she left her mother’s house nearby and to have given a detailed description of clothes one of them was wearing.

The Sunday Herald understands that this witness described one of the suspicious men down to the fact he didn't have laces in his boots, although she could not identify either of them.

Dixon's lawyer Graham Cunningham said: "Had this evidence been available there might have been a different verdict and this decision is a big step forward. This information is beneficial to my client's appeal. The best scenario is the Privy Council saying this evidence was so vital there was a miscarriage of justice."

Aamer Anwar said, "We are requesting full disclosure from the Crown because our inquires have revealed there are matters which should have been brought before Dixon's trial, which don't appear to have been. Even though this case was before the rules pertaining to full disclosure, the reality of the situation is we often find full disclosure is not being made because police, precognition officers and other individuals decide among themselves that it's not relevant. That's for the defence to decide.

"If there's no disclosure, there's likely to be more miscarriages of justice."

At present Mr Dixon's case is with the Privy Council and we await their decision.

See: http://justiceforbrendandixon.blogspot.com/ for more information and news articles on the case.

_________________
Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

kevin donald · Joined: 29 Oct 2007 Posts: 196

Lets start with the question WHY not DNA?

--------------------------------------------------------------------------------
Profiler aids murder inquiry
Detectives hunting the killer of Margaret Irvine will consult a behavioural psychologist in an effort to establish a profile of the person responsible.
The great-grandmother was found tied up and beaten to death by an intruder to her Barwood Road home in Galston, Ayrshire on Sunday, 28 September.

Police said she had been the victim of a "brutal and callous attack".

Detective Chief Inspector Willie Prendergast, who is leading the murder hunt, said the psychologist was being drafted in to help bolster the hunt for Mrs Irvine's killer.

He said: "We are fully committed to tracking down the killer of this heinous crime and I will utilise every tool available to bring the person responsible to justice.

"This investigation is very involved and we are now broadening our scope of enquiry to focus of wider issues.

"The assistance of a behavioural psychologist could greatly assist in building a more specific profile of killer and we hope to meet with him in the next few days."

Mr Prendergast added: "No stone will be left unturned in this investigation and I am absolutely determined we will resolve this crime, no matter how long it takes."

Anyone with information is asked to call the incident room at Kilmarnock police station on 01563 505 000 or Crimestoppers anonymously on 0800 555 111.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/3180836.stm

scotkaz · Joined: 28 Aug 2008 Posts: 526

Kevin

One of the things that amazed me in this case was the fact both Brendan and Patrick had been charged with a particularly horrible crime but were granted bail for over a year. I dont think this is normal practice but Iain will correct me if I am wrong.

I would imagine had the police and courts really thought these lads were guilty of this crime then they would have remanded them.

When their DNA did not match, then they should have tested whoever else they thought possible suspects but they should,as they have done in many cases, taken DNA from all in your area.

None of it makes sense but rarely do miscarriage of justices make sense. They get their man or men and they will in some cases, like this fit their case around that.
_________________
Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

Iain McKie · Joined: 08 May 2007 Posts: 262 Location: Ayr, Scotland.

Even granting bail in this case was most unusual. That accused should have remained on bail for so long for murder is almost unprecedented.

There is little doubt that the Margaret Irvine and Marion Ross murder investigations were deeply flawed and given that some police personnel were involved in both cases I remain extremely suspicious of both enquiries.

kevin donald · Joined: 29 Oct 2007 Posts: 196

All I can say is that Brendan went to the High court in Edinburgh everytime that he was told to go. Even being told at 9:30 at night to be there the next day.

Glasgow had a calling for witnesses to see who would turn up, Edinburgh and Glasgow didnt want the Trial and could not find a Judge then at the last before the case would have been thrown out Kilmarnock found a Judge and court room.

As for the DNA they should have, if not on police register done any suspect to eliminate them not just Brendan and Patrick.

As has been stated about the witness never called she was sitting next to the person in Kilmarnock High Court he was called, she was not but she identified him from police shots as being the person she seen with another that morning in Mrs Irvines garden.

Also the police report in charge one was dropped i/e smashing his ex-girlfriends window that was true and he should have been convicted on that than the other charges.

Also phone records that numbers appear then vanish strange eh.
Brendan got someones mobile record from his lawyer by mistake that showed that phone being used all that night phoning numbers in Galston stopping at 10 -39 the next morning including house numbers, Idiot he was he gave them back to the lawyer as they were not his.

This witness and others have been told they were important .
Also at least 7 Witnesses were never called including ones he was at a housewarming party with in Hurlford. and some in Kilmarnock were also not used..

WHY WERE THEY NOT USED?

scotkaz · Joined: 28 Aug 2008 Posts: 526

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

I actually have a good feeling about the Privy Council judgement in this case.

Remember they quashed Holland & Sinclairs convictions which is exactly the same as this case.

Sadly though I have no confidence that any other investigation will be undertaken by U Division or any other Division and the real killers of Mrs Irvine might never be found.

Crown never call witnesses that will undermine their case but once they finnish it is up to the defence to call any remaining Crown witnesses which undermine the Crowns case.

Failure by the defence must be seen to be defective if it later transpires that the evidence was material and key.

Appeals have failed on this ground if all that can be said is the defence could have been handled better, what the defence try to claim is: It was a tactical decision not to call certain evidence, therefore again the appeal will fail.

It must be said the evidence denied you of a fair and reasonable argument on a fundamental and material issue at the trial.
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scotkaz · Joined: 28 Aug 2008 Posts: 526

I wonder how many jurors knew this information at the trial of Patrick Docherty and Brendan Dixon?

U Division MUST have had this information. U division certainly have a lot of questions to answer. I wonder how much of this information was made available to the defence teams at the original trial? Not only about this witness but many of the witnesses have criminal histories.

The man this article below is about, was actually a witness at the Killie 2 trial. He has been in court recently on other serious charges.

February 15th 2001

Lancashire Evening Telegraph

Police are following up leads in Scotland after a national appeal to find a man who failed to appear in court in connection with a violent attack.

Darwen Detective Sergeant Neil Hunter appeared on BBC TVs Crimewatch Daily, programme on Monday in an effort to track down Edward O'Brien, who failed to turn up to a Crown Court trial in Burnley on January 29th.

As a result, police are now following leads in Scotland, particularly in the Kilmarnock area, where he is known to have family.

O'Brien, 22, whose last given address was 15b Edmund Street, Darwen, is to face aggravated burglary charges in relation to an offence in Accrington last March. DS Hunter said, "Even before the programme had finished we recieved a number of calls. "It has given us some very postitive lines of enquiry and we are working closely with our colleagues in Strathclyde. We recieved more pertinent calls on Monday than I did when I appeared ion Crimewatch UK last August. "On Monday we got about 20 calls and all were relevant but on Crimewatch UK we got about 100, of which only about five were useful.

"O'Brien has shown in the past that he has a violent side and that he is prepared to use it as well. We believe he would not hesitate in targetting elderly members of the community and I would urge people not to approach this man, "he said.

Anyone with information is asked ot contact Darwen CID on 01254 353842
_________________
Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Scotkaz

This is very alarming:

kevin donald · Joined: 29 Oct 2007 Posts: 196

YES Kaz and Wullie

Trust me this guy is an evil piece and would not think twice regarding Old age pensioners.

Also likes to do the creepers ie, breaking into houses at night with people in the house.

He stayed very near Irvine Road in Kilmarnock.
I think he has the trial lawyer that Patrick Docherty had at trial.

From the Kilmarnock Standard.

Kilmarnock breach of the peace man jailed
Aug 8 2008 by Colin Rutherford, Kilmarnock Standard

A MAN who intervened as police were making an arrest found himself locked up last week.

Edward O’Brien, 35, was remanded in custody after pleading guilty to committing a breach of the peace in Morven Avenue, Kilmarnock, on July 29.

Stewart McMillan, prosecuting, told Kilmarnock Sheriff Court that O’Brien arrived on the scene as police were escorting a man from a house and launched a tirade of insults at police officers.

Said Mr McMillan: “The accused was asked to leave and warned regarding his language, but continued to shout and swear.”

Defending, David McSorley said that the person who had been arrested had been at O’Brien’s cousin’s house.

“He shouldn’t have opened his mouth,” said the solicitor. “He has difficulties with alcohol and mental health problems.”

Mr McSorley said that O’Brien, of Knockinlaw Road, Kilmarnock, was due to be admitted to Castle Craig Hospital in the near future for treatment.

Sentence was deferred until August 18 for social enquiry, community service and restriction of liberty order reports.

But then again i can prove things about lots of witnesses that lied in court.