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scotkaz · Joined: 28 Aug 2008 Posts: 527

http://www.freewebs.com/justiceforthekillie2/

We are trying to add as much info as we can get onto this new Killie 2 site.

There should be more info on the site in the coming week. Patrick Docherty is also sending some more info to add to the site.

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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.

scotkaz · Joined: 28 Aug 2008 Posts: 527

Convicted Galston murderer's appeal rejected

Oct 31 2008

CONVICTED murderer Brendan Dixon has lost his latest court appeal.

Dixon, serving a life sentence for the killing of Galston pensioner Margaret Irvine, had taken his case to the judicial committee of the Privy Council – the highest court in the UK – in a bid to force the prosecuting authorities to release all witness statements relating to the 2003 murder of 91-year-old Mrs Irvine.

But the committee rejected the appeal, with Lord Hope of Craighead ruling that “a reasonable possibility of unfairness has not been demonstrated”.

His four colleagues agreed.

Dixon’s brother-in-law Kevin Donald – a leading campaigner for his release – said this week that a full appeal against the conviction was likely next year.

“Everything looks good for the appeal and new points of appeal will be added in due in due course,” he said.

Dixon’s appeal alleges that the trial judge wrongly refused a submission that there was no case to answer and misdirected the jury on several points of law.

Dixon, 39, of Kilmarnock, and 44-year-old Patrick Docherty, of Dalmellington, were jailed for a minimum of 25 years in March 2005 after a jury at the High Court in Kilmarnock found them guilty of murdering widow Margaret Irvine in her home in Barward Road.

A murder charge against a third man – Colin Miller, 35, from Galston – was found not proven.

Mrs Irvine was found dead in her bedroom by her carer at 4.50pm on September 18, 2003.

She had been gagged and had her hands tied behind her back with a belt.

The cause of death was found to be asphyxia, caused by a duster which had been placed in her mouth.

She was last seen alive at 7am the same day by the carer who came to her home to make her breakfast.

During the trial a number of witnesses – some themselves no strangers to the police – gave evidence about conversations with Docherty or Dixon, during which they had admitted taking part in the bungled robbery.

According to the witnesses, neither confessed to the murder, but each was alleged to have blamed the other.

http://www.kilmarnockstandard.co....s-appeal-rejected-81430-22139397/
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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.

W.Roughead · Joined: 25 Oct 2008 Posts: 120 Location: Scotland.

So far as anyone knows, has the testimoney of these witnesses every been called into question?

Kevin states that these two men were not friends, so how is it that each is said to have blamed the other?

Presumably, they knew each other before they were charged.

I am not familiar, despite reading, with all the inside information on this particular case, hence my reasonable question.

Kevin,
by adding my post, I have bumped up this thread.
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“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

kevin donald · Joined: 29 Oct 2007 Posts: 198

Hi W.

(So far as anyone knows, has the testimoney of these witnesses every been called into question?)

Yes minutes were brought out at trial stating lies told. Lord Hardie even went to his chambers to think if the trial could go ahead.

Most of the witnesses gave more than one statement these statements change in what is said in them.

(Kevin states that these two men were not friends, so how is it that each is said to have blamed the other?)

Kilmarnock criminal fraternity all know of each other to see. The grapevine picks up names then passes them on Brendan got told it was Patrick by someone then tells someone else he heard it was Pat and others.

Patrick does the same saying he got told it was Brendan and others before you know it there are all saying what they hear to the police. Just your normal gossip with each known criminal having a say in the hope the police could help them if help was ever needed.

(Presumably, they knew each other before they were charged)

Yes they knew each other but went around in different circles and never committed a crime together and there previous convictions prove that.

Thanks for asking.
All the best.

W.Roughead · Joined: 25 Oct 2008 Posts: 120 Location: Scotland.

Thank you for clearing these things up Kevin.

I know how the criminal fraternity works, but was not at all sure in this case.

You've explained it well.

I shall keep watching and doing my research.
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“Send not to know for whom the bell tolls – it tolls for thee.” John Donne.

veronica · Joined: 04 Nov 2008 Posts: 1 Location: IRELAND

I am Brendan's older sister veronica.for the past 3 and a half years Kevin has helped my brother and Patrick alone.

We as a family have decided to take over the campaign from Kevin to help free our brother.

We will be working along with Brendan's lawyer to have a maintained website for Brendan nearer the time of his appeal.

In the mean time Marie and Myself would like to thank the help given to Kevin from this forum in the past,finally we would like to say a massive thank you to Kevin for starting the campaign and getting support.

... And Justice For All · Joined: 27 Oct 2008 Posts: 58

Veronica

I wish you and your family well.

I agree with your remarks about Kevin, and said as much in a previous post to him. He deserves the highest praise for all he has done (and tried his best to do) indeed :

Kevin

You have done more for Brendan than anyone else has over the long time you have been campaigning for him. As I said to you in an earlier posting, I can fully understand the frustration and how you feel like you are getting nowhere and continually kicking against the bricks ... especially when there are no "great and good" out there supporting you, as there are with those key players on that Megrahi bandwagon.

I wish you and yours well and I hope you will find the justice you seek for Brendan in the very near future ... hopefully with a few more outspoken and high-profile public figures putting their heads above the parapet for you and Brendan in the arduous process.

All the best and good luck for the future.

http://shirleymckie.myfastforum.org/sutra2132.php#2132

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Dignity and Justice for All of Us ... including all those Scottish nationals, those many victims of injustice, currently suffering under Scotland's greatly discredited justice system
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When injustice becomes law, rebellion and protest becomes duty

Justice Is Lost, Justice Is Raped, Justice Is Gone. Pulling Your Strings, Justice Is Done. Seeking No Truth, Winning Is All... In Scotland's "Justice" System

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

And Justice For All

Where were you when Kevin was needing the support, Never saw you at the "Disclosure Hearing" showing your undying support for Brendan.

Talk about "Bandwagons"

Yet you have the cheek to come into this forum and criticise true campaigners who have worked their buts off helping others.

Give us all peace and take your negative comments elsewhere.

If you have nothing positive to add to anything or campaigns why have you joined this forum ?

marie · Joined: 04 Nov 2008 Posts: 2

I want to thank the kind people in this forum for their kind words and welcoming Veronica and me.

After speaking to Brendan today he said that he is happy with the decision for the family to take over the campaign he made it clear that he wants those close to him and know him in person to campaign for him along with help from mojo helping on other issues.

We need to remember although both Brendan and Patrick's family are going through a stressful time,We also must not forget that there are 3 victims in this case.

Two men are in prison for a crime while the real killers are out there somewhere.

Lets remember Margaret Irvine she is also a victim and has a family of her own,This ladies family deserve to have justice also.

Marie

scotkaz · Joined: 28 Aug 2008 Posts: 527

Sounds familiar this case doesnt it?

http://news.bbc.co.uk/1/hi/scotland/glasgow_and_west/7817988.stm

Two robbers who attacked a widowed pensioner in her Ayrshire home have been jailed for a total of more than 13 years at the High Court in Edinburgh.

Michael Queen, 36, was convicted of assault and robbery on 77-year-old Mary Fraser after forcing his way into her home in Irvine in September last year.

Douglas McMillan, 47, had earlier admitted the same charges.

Queen was jailed for seven years, while McMillan received six years and three months for his involvement.

The judge, Lady Dorrian, also ordered that both men should be kept under supervision for a further three years.

She said: "This was a nasty, horrible crime committed on a vulnerable elderly lady living alone, leaving her injured and terrified."

Hands bound

The court had heard how both men rang Mrs Fraser's house bell before forcing their way inside and sending her sprawling on the floor.

She was forced onto her stomach and her hands were bound behind her back.

Both men eventually left Mrs Fraser in the bathroom after stealing a safe from her home.

She called the police after managing to get free from her ties.

Both men were caught when a witness, who saw two men in the area carrying a holdall type bag which appeared to be heavy, picked out McMillan at an identity parade.