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Online petition - Justice 4 Brendan DixonMrs Margaret Irvine lived in Galston, Ayrshire. She was 91 years old and had been a widow for over 30 years.Mrs Irvine had lived alone for over 25 years and had been housebound for the last seven years of her life.Physically Mrs Irvine was infirm and needed to use an electric stair life and a zimmer-frame. However, she was a very independent old lady.She lived alone in her semi detached villa. Her kitchen and living room was downstairs and she had two bedrooms and a bathroom upstairs.Her carers supplied her with meals but she was able to dress herself and move about with the aid of the zimmer-frame and her stair lift.Around the 4th July 2003, someone broke into her house during the night and had taken purses and money totalling about £1000. Due to her age, this had been the subject of publicity and village gossip.It would be fair to say that this break in had traumatised the old lady.Carers would come to the house sometime between 7.30 am and 9.30 am.The carer had a key to the side door to gain access to the house. The carer would provide breakfast for Mrs Irvine.Her normal breakfast was half a bread roll with butter and jam. The carer would spend between 20 minutes to half an hour with Mrs Irvine. After the carer left, Mrs Irvine would get up, dress herself and go downstairs.Lunch was provided by the Social Work Department and another carer would call in, in the evening.Different carers provided care at weekends from those who provided care during the week.In 2003, Mrs Mary McQuarrie had been a care assistant for three years. She provided the early mornings for the weekend shifts.It was she who had provided care on 28 September 2003. Mrs McQuarrie arrived that morning at 7am. She used the key to get into the house.She went upstairs and spoke to Mrs Irvine and asked what she wanted for breakfast.She gave Mrs Irvine her breakfast and said she put on a lamp next to the bed.She sat with her until Mrs Irvine ate her half of bread roll and a cup of tea.Mrs McQuarrie said that Mrs Irvine seemed fine that morning and Mrs Irvine had told her that she intended to, “have a lie in”.Mrs Irvine’s instructions to Mrs McQuarrie were to leave the house unlocked to allow others to come in.Mrs Violet Connell had been a home help for 29 years. After her retirement she had continued at Mrs Irvine’s request to continue to provide care for her.Each Wednesday Mrs Connell provided one hour of care and she did the housework also.On Saturdays and Sundays, Mrs McConnell would go into see Mrs Irvine for half an hour and give her tea.The rest of the week, Mrs Irvine received some assistance from Social Services.Mrs McConnell said that Mrs Irvine was alert mentally and a strong willed woman, but was housebound.On September 28th 2003, Mrs Connell arrived at Mrs Irvine’s home at 4.50pm.Normally Mrs Irvine would be sitting on a chair waiting on Mrs McQuarrie but this day she was not. Mrs McQuarrie shouted upstairs to alert Mrs Irvine that she was there but received no reply.She went upstairs and saw Mrs Irvine slumped on her bed on her front. She was lying across the bed with her feet still on the ground.She was wearing her nightdress and pants.Mrs McQuarrie saw something sticking up from her hands which were behind Mrs Irvine’s back and thought it was the strap from her watch. She thought Mrs Irvine had taken a heart attack or stroke and it appeared to her that Mrs Irvine was dead.She did not touch her and went to get help.The police and ambulance arrived and confirmed that Mrs Irvine was dead and that her hands were bound behind her back with a leather belt.She had one plate of her dentures in one hand and the other plate was found on the bed beneath her. Her face was covered with a sheet and when that was removed it was noted that a household duster had been forced into her mouth. Mrs Irvine suffocated due to the duster.She had 23 external injuries, which indicated she had been hit in the face when her dentures had been in place.The fact that her dentures were found lying on her bed and in her hand indicates that she probably removed them after the initial assault. There where injuries to her mouth, defensive injuries to her left arm. She also had bruising to her scalp and there was bruising of the neck muscles consistent with her neck being gripped.She also had a fractured rib and bleeding at the site.After an examination of the scene by police officers, forensic scientists and the pathologist it was discovered that the electricity had been switched off at the main switch located in the kitchen cupboard. The kitchen was the first point of access after who ever entered the unlocked door.The telephone had also been disconnected.The Zimmer which was always at the foot of the stairs so that Mrs Irvine could use it when she came off the stair life had been moved too.Every room showed signs of an intruder. Drawers had been opened, jewellery boxes opened and items had been moved.In the spare room was a locked wardrobe. This showed no signs of being forced. Police found the key .When they opened the wardrobe they found a pink make up bag, an envelope and a cardboard holder, each of which had money in them.In total there was £8,150.The evidence does suggest that this was a premeditated attempt to rob this elderly lady of her life savings.Mrs Irvine was subjected to a prolonged attack before her death. ------------------------------------------------------------ ------------------------------------------------CONVICTED murderer Brendan Dixon has lost his latest court appeal.(Kilmarnock Standard OCT 31ST 08)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 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 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. ------------------------------------------------------------ ------------------------------------------------------ Miscarrige Of Justice Organisation (MOJO) Have Been Working On The Case For The Past Four Years And Know That Patrick Docherty And Brendan Dixon Are Innocent.Anyone With Any Information Should Contact MOJO On: 0141-552-7253.---------------------------------------------- ------------------------------------------------------------ -------- Witnesses not called and evidence to be challenged .............Acquaintances of mine. Neither precognised or cited. Essentially my previous legal team decided that their testomony they might have to offer was not important.I on the other hand believed and still believe, that their evidence as too my whereabouts and demeanour on Sunday 28th September 2003 would flatley contradict the evidence as to my behaviour on that morning offered in court by witness E S.When i ( Kevin Donald) last spoke to these people they told me they would be happy to speak to my legal representatives.Evidence to be challenged.......OA. Omitted an important fact.that 2 police officers called at the house that morning 28th September 2003.She stated that i remained in her house until after 5pm on that Sunday. Yet i was watching with E from the Green bridge, whilst the police were indoors with O. Neither O or E mentioned the police presence when interviewed or during the course of their evidence.The police where in the house when i was supposedly in the house.I returned to the house after the police had departed.Shortly thereafter E's Mother and i left leaving O and E to resolve the difficulty. ( It was stated in court that i never left the house that morning and that no one else visited them that morning or afternoon, when infact there were a number of visitors that called including a midwife and both Mothers.)Their evidence against my interests was not strictly accurate------------------------..--------------L An alcoholic with very many problems. L alleged that in the course of a conversation with others and me in a friends house i claimed to have been involved in the murder of Mrs Irvine. However there were participants in that conversation who can confirm that i made no such claims. These include DM and his wife S, and a couple of their friends including Tc.The police interviewed DM and S likewise my legal representatives interviewed them.DM and S were cited but not called to give evidence. I do not know the reason why they were not called and questioned.In Crosshouse hospital.................................................... .......................................................GT.An other patient, one with many problems of her own Gt gave evidence to the affect that i had confessed to a murder not specific in nuture where someone was stabbed 17 times. Her evidence against me, though uncorroborated because untrue, was crucial to the crown case.I say that this Woman's testimony was a consequence of her condition and that the attention on her, the feeling of being useful and important, caused her to seek attention by fabricating a story against me.I believe that GT was ill, not necessarily vindictive, but manipulated by the crown for there own ends: as opposed to the ends of justice.This is just some of the evidence to be challenged there is more that will be added soon...( NAMES BEEN PROTECTED)-------------------------------------------------- ------------------------------------------------------------ ----The trial......................THE TRIAL: 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 THEY DID NOT COMMIT. COLIN MILLER THE THIRD ACCUSED WAS FOUND NOT PROVEN.THERE WAS NO EVIDENCE IN THE CASE. THE CASE WAS BASED ON HEARSAY AND CIRCUMSTATIAL EVIDENCE. THE POLICE RECOVERED DNA AND FOOTPRINTS FROM THE MURDER SCENE THAT 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. SEVERAL OF THESE WITNESSES AGAINST BRENDAN AND PATRICK WERE PROVEN IN COURT TO HAVE LIED WHILE GIVING EVIDENCE. THE MURDER: ON SUNDAY SEPTEMBER 28TH 2003, 91 YEAR OLD GALSTON WOMAN MARGARET IRVINE WAS MURDERED. SHE WAS FOUND BY HER CARER AT 4.50 PM SHE HAD BEEN GAGGED AND HAD HANDS TIED BEHIND HER BACK WITH A BELT. THE CAUSE OF DEATH WAS ASPHYXIA DUE TO HER CHOCKING ON THE DUSTER THAT HAD BEEN PLACED IN HER MOUTH. MRS IRVINE WAS LAST SEEN ALIVE AT 7.OO AM BY THE CARER WHO CAME IN TO MAKE HER BREAKFAST. SHE INSTRUCTED THE CARER TO LEAVE THE DOOR UNLOCKED TO ENABLE OTHERS TO GAIN ENTRY. MRS IRVINE WAS DESCRIBED AS BEEN MENTALLY ALERT ALTHOUGH SHE WAS HOUSEBOUND. ON OCTOBER 31ST 2003 BRENDAN DIXON AND PATRICK DOCHERTY WERE BOTH CHARGED WITH THE MURDER OF MARGARET IRVINE. COLIN MILLER WAS CHARGED ALMOST A YEAR LATER. THE ORIGINAL SUSPECT HOWEVER WAS COLIN MILLER,WHO MET BRENDAN DIXON IN KILMARNOCK HMP, (COLIN MILLER WAS IN FOR A WEEK FOR NON-PAYMENT OF FINES AND BRENDAN DIXON WAS IN FOR SMASHING HIS EX-GIRLFRIENDS WINDOWS);COLIN MILLER WAS ATTACKED BY CONS WHIST IN PRISON FOR HIS PART IN THE MURDER.BRENDAN DIXON TRIES TO REASSURE HIM BY TELLING HIM THE POLICE WERE ALSO PUTTING HIM AND PATRICK DOCHERTY FORWARD AS SUSPECTS AND MANY OTHER KNOWN CRIMINALS. AS SOON AS HE GOT RELEASED FROM PRISON COLIN MILLER WENT TO THE POLICE AND MADE A THIRD STATEMENT, ONLY THIS TIME HE SAYS HE SAW BRENDAN DIXON AND PATRICK DOCHERTY, IN CATHERINE DRIVE, WHICH HE CHANGES IN A FOURTH STATEMENT TO SEEING THEM OUTSIDE MRS IRVINE'S HOUSE. COLIN MILLER THEN BECOMES CHIEF WITNESS, THAT IS UNTIL ALMOST A YEAR LATER WHEN THE PF REALISES THAT COLIN MILLER COULDN'T HAVE SEEN ANYONE FROM WHERE HE STATES,AND EVENTUALLY AFTER TEN MONTHS IS CHARGED WITH MRS IRVINE'S MURDER;BUT ONLY AFTER BEING THE ONLY WITNESS CLAIMING TO HAVE SEEN BRENDAN AND PATRICK AT THE SCENE OF CRIME. COLIN MILLER WAS THE ONLY WITNESS THAT CLAIMED TO HAVE SEEN BRENDAN AND PATRICK NEAR THE SCENE ON THE MORNING OF THE MURDER. IT WAS PROVEN IN COURT THAT COLIN MILLER COULD NOT HAVE SEEN BRENDAN OF PATRICK FROM THE LOCATION THAT HE CLAIMED TO HAVE BEEN AT. COLIN MILLER WAS THE ONLY PERSON SPOTTED NEAR THE SCENE THAT MORNING.MRS PATON A NEIGHBOUR OF MRS IRVINE,STATED IN COURT THAT SHE WAS UP EARLY THAT SUNDAY MORNING. SHE LOOKED OF HER WINDOW AND SEEN COLIN MILLER THREE TIMES, AT 6.00 AM , 6.40 AM, AND AGAIN AT 7.00 AM. HOWEVER WITNESSES FOR COLIN MILLER STATED IN COURT THAT HE SPENT THE SATURDAY NIGHT AT THEIR HOUSE. THEY STATED THAT HE DID NOT LEAVE THEIR HOUSE UNTIL 7.50 AM ON THE MORNING OF THE MURDER. LATER THAT MORNING COLIN MILLER WAS AR ANOTHER FRIENDS HOUSE. AFTER RECEIVING A TEXT MESSAGE, AROUND 10 AM COLIN MILLER WENT OUTSIDE TO MAKE A PHONE CALL. SHORTLY AFTER HE RETURNED TO THE HOUSE, HE WAS IN A RAGE AND HIT HIS FRIEND ON THE HEAD AND FACE WITH A HAMMER. ANOTHER NEIGHBOUR OF MRS IRVINE WAS MRS MC CARTNEY,IN COURT SHE STATED, AT AROUND 10AM SHE HEARD A MALE VOICE SHOUTING ARE YOU THERE? SHE LOOKED OUT HER WINDOW AND SEEN A MALE FROM THE BACK STANDING IN THE KITCHEN OF THE MURDER SCENE.SHE ALSO STATED THAT SHE NOTICED A MALE STANGER PASSING BY HER HOUSE EARLY ON THE MORNING OF THE MURDER. BOTH BRENDAN AND PATRICK HAD SEPERATE ALIBIS TO STATE THAT THEY WERE NO WHERE NEAR THE GALSTON VICINITY ON THE MORNING OF SUNDAY 28 TH SEPTEMBER 2003, WHEN MRS IRVINE WAS MURDERED. IF CAPITAL PUNISHMENT WAS STILL CARRIED OUT IN BRITAIN TODAY, A LOT OF INNOCENT MEN AND WOMEN WOULD NOT BE ALIVE TO TELL THEIR STORIES OF POLICE CORRUPTION, AND UNDERHAND DEALINGS IN THE JUDICIAL SYSTEM! NO JUSTICE HAS BEEN DONE FOR MARGARET IRVINE OR HER FAMILY. GALSTON IS A SMALL COMMUNITY; AND THE MURDERS OF MARGARET IRVINE MUST BE KNOWN TO SOMEONE IN THE AREA.Lord Hardie went to his chambers early in the trial to debate wether the trial should continue as the evidence the crown used was small in nature...The trial was held in Kilmarnock 6 miles away from where the murder took place, Glasgow and Edinburgh did not want the case.Attempt to overturn murder conviction as legal team casts doubt on evidence ............................................................ ............................................................ ................................legal move as UK’s highest appeal court prepares to hear caseBy John Bynorth, Home Affairs EditorA MAN will take his bid to overturn his murder conviction to the UK's highest appeal court after the High Court blocked his appeal bid.Brendan Dixon's legal team has argued that crucial witness statements, which they claim could have cleared him, were not disclosed to the defence at his trial.Now Dixon has been granted leave to appeal directly to the judicial committee of the Privy Council after statements were uncovered which his legal team suggests cast serious doubts about whether his conviction for the murder of Margaret Irvine, 91, in 2003, is safe.It is a rare legal move, with only a handful of cases every year winning an appeal directly to the council's judicial committee which sits as the final court of appeal on devolved issues.If Dixon, 38, is successful, legal experts believe it could spark a number of similar appeals to the council on the controversial issue of non-disclosure of evidence.One legal source told the Sunday Herald: "If the decision of the appeal court is overturned, and quite comprehensively, the Lord Advocate will presumably have to re-investigate a large number of cases where there has been non-disclosure."It's difficult to overstate how important this case is in trying to get at the issue of historical non-disclosure of evidence. It has been a shameful stain on the justice system. It's pretty obvious that full disclosure has not taken place with Dixon."Dixon, 38, and his co-accused Patrick Docherty, 42, were found guilty at the High Court in Kilmarnock in May 2005 of Irvine's murder in Galston, Ayrshire, despite no forensic evidence linking them to the crime.Their trial ended shortly before the practice of disclosure was tightened following the Privy Council's decision to quash the convictions of James Holland, who was convicted of assault and robbery, and Alvin Sinclair. In the case, the Crown's refusal to disclose documents at their trial was found to have breached their right to a fair trial under the European Convention on Human Rights.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.Dixon and Docherty's is one of a number of cases before the appeal courts which preceded the Holland and Sinclair case. Any decision in a Scottish case by the Privy Council's judicial committee, which sits in a courtroom in Downing Street, is binding on Scottish courts.The development came after Lord Coulsfield, in a report commissioned by the previous administration, last year called on the government to introduce legislation to ensure that prosecutors are legally bound to hand over full information to defence lawyers before a trial. The government is consulting on the practice, which is already in force in England and Wales.The legal source added: "It's a high risk strategy to go to the Privy Council as if it says no to the appeal on the grounds of disclosure that's it. It's ironic that given the nature of the legislation a court sitting outside Scotland has jurisdiction in criminal matters north of the border."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."Dixon's brother-in-law Kevin Donald, 36, who has led a three-year campaign to clear the father-of-two, said: "Brendan is buoyed by this news. There were no DNA or fingerprints linking Brendan to Margaret Irvine's murder - and no sightings of him. If we get the documents, it will help prove his innocence and show that a murderer is still walking around. This is the furthest we have ever got with this case and raises wider issues about how the Crown held back documents which could have cleared people."Lord Advocate Elish Angiolini, or the Solicitor General Frank Mulholland, is expected to argue on behalf of the Crown at the two-day hearing, which is set down for next month, that Dixon's defence did have access to the documents and could, therefore, have used it as part of his defence.The Crown Office declined to comment on the case. ............................................................ ............................................................ ................................From the Sunday Herald..........Murderer seeks new evidence By John Bynorth Appeal lawyer applies for full disclosure of statementsTWO MEN appealing against their convictions for the murder of an elderly woman are embroiled in a legal challenge which could have consequences for the way prosecution evidence is disclosed to the defence in advance of trial or after conviction for appeals.Heroin addict Patrick Docherty, 41, and housebreaker Brendan Dixon, 38, were found guilty of binding and beating up 91-year-old Margaret Irvine during a bungled robbery at her home in Galston, Ayrshire, four years ago. Both were jailed for a minimum of 25 years at the High Court in Kilmarnock in 2005 by Lord Hardie, who branded them "truly evil" in his summing up.A third man, Colin Miller, 36, also from Galston, walked free from court when the charge against him was found not proven.Dixon's solicitor, Aamer Anwar, will apply to the High Court in Edinburgh later this month for the Crown to release prosecution witness statements and other documents as part of his attempt to gather evidence for his appeal.These include statements made by a restaurant worker who it is understood claimed to have seen two men, neither of whom she could identify, outside the dead woman's house on the day her body was found.The restaurant worker was not called to give evidence at Docherty and Dixon's trial, despite providing evidence to a precognition officer after police reputedly told her that what she saw "could have great significance to the murder".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. Sources close to the appeal have said she is "pivotal" and a "credible witness" whose evidence should have been available at trial.Anwar confirmed that he hopes to obtain the documents the defence seek when the two-day case begins on August 23, although the Glasgow-based lawyer refused to comment specifically on the restaurant worker's evidence.If he is successful, the case could have implications for other solicitors fighting alleged miscarriages of justice who have problems obtaining prosecution documents from the Crown. The current process has faced criticism from leading members of the legal system.Gerry Considine, the president of the Glasgow Bar Association, said earlier this year that "significant" numbers of criminal cases are collapsing because key evidence is not being released to the defence in breach of Article 6 of the European Convention on Human Rights, which enshrines the right of an accused to a fair trial. In a letter to our sister paper The Herald, Andrew Smith QC also attacked the Crown for "jealously" protecting its "right" to decide what should, and should not, be disclosed.The rules on disclosure changed two years ago after the judicial committee of the Privy Council, the UK's highest criminal appeal court, quashed James Holland and Alvin Sinclair's convictions for assault and robbery on the basis that the Crown denied them a fair trial by failing to disclose crucial documents. Previously, the Lord Advocate and Crown Office were responsible for deciding what evidence should be automatically disclosed to the defence, although the defence were able to apply to the High Court for further disclosure if they could show it was relevant to the defence. Last year, the Scottish Executive set up a review of the process.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."The restaurant worker is believed to have said she saw the men as she left her mother's house nearby and provided a detailed identification of the clothing one was wearing. However, she added that she could not identify them.The restaurant worker refused to comment. However, her husband said: "It was strange that she wasn't called, but it's not for us to decide who appears in court.The trial heard the men had 84 previous convictions between them. Docherty had two for assault and robbery and Dixon had four involving violence.A Crown office spokesman said it was "not appropriate to comment" before the appeal. ------------------------------------------------------------ ------------------------------------------------------ From the Kilmarnock Standard---------------------------------------------------- -------------------CONVICTED murderer Brendan Dixon is to take his appeal to the highest court in the UK. Dixon, found guilty three years ago of the killing of Galston pensioner Margaret Irvine, has been granted leave to appeal to the judicial committee of the Privy Council after the discovery of witness statements which his lawyers claim cast doubt on his conviction. The move follows the failure of an earlier appeal to the High Court. Thirty eight-year-old Dixon and Patrick Docherty, 42, were found guilty at the High Court in Kilmarnock of the murder of 91-year-old Mrs Irvine at her home in Barward Road in 2003. No forensic evidence was presented at their trial, with the prosecution relying on admissions they were alleged to have made to third parties following the murder. Now their legal teams have uncovered evidence which they say was not made available to the defence. This includes a restaurant worker who was not called to give evidence, but had given a statement that she had seen two men outside Mrs Irvine?s house on the day her body was found. One of the men, who was picked out from a photo investigation, appeared at the trial as a prosecution witness. Dixon?s brother-in-law Kevin Donald, who has led the campaign to clear his name for three years, said this week: ?Brendan is hanging in there and is buoyed up by this move. ?His dearest wish is to sit in court and see whoever killed that old lady stand trial.? Mr Donald conceded that the appeal to the Privy Council was a high-risk strategy. ?If we lose this appeal, we will be back at the beginning and we will have to wait another three years.? Alternatively the judicial committee could order the release of all witness statements or even quash the murder conviction as unsafe. Dixon?s appeal is one of only a handful every year which go directly to the committee ? the final court of appeal on devolved issues. Margaret Irvine was found dead in her bedroom by her carer at 4.50pm on September 28, following what is thought to have been a botched robbery attempt. She had been gagged and had her hands tied behind her with a belt. The cause of death was found to be asphyxia, caused by a duster which had been placed in her mouth. During the trial, a number of witnesses gave evidence about conversations with Dixon and Docherty, during which they had admitted taking part on a raid on the Galston house. Neither was said to have confessed to the murder, but each was alleged to have blamed the other. ------------------------------------------------------------ ------------------------------------------------------ Some stuff about how things were in 2003 for my family...Let me tell you some facts...... "Things that were happening in our lives at the time of the murder" Brendan had been staying with us because he had split up with his girlfriend, he would sometimes not come home till after 12 at night some nights not at all he would stay at a friends.he was and is the type of person who doesnt like seeing his family arguing and didnt take sides in our dispute but was stuck in the middle of things that were happening in his life that were to change his life forever. Also around this time Brendan's mother was diagnosed as having cancer and his family went into shock and freefall, arguments in our house were the worst they have ever been in my 15 years of being with Marie, Brendan's sister. Brendan took it bad he fell into depression and despair and would sign himself into Crosshouse hospital on and off. The house was not talking, it was silent Marie would go into a daze and walk about between the house and the hospital seeing her mum, sometimes forgetting if she had gotten Bernadette from School. I was still getting over losing my Mother the year before so it brought lots of memories flooding back for me. I dont know if anyone has ever had these type of family disputes and know the feeling of how your mind switches off and goes into overdrive the empty strange way like you are in a bad dream and cant wake up. I would say Brendan and his Mum were close he helped her with lots of things, Bridie was a strong willed Irishwoman who did things her way and it was frightening to see this woman who was always on the ball fall apart mentally.A few weeks into October the CID were constant visitors to our home and were always treated with respect and given anything they needed from the family, they charged Brendan on October 31st 2003. but would still come to the house for weeks after it asking things one even saying he didnt think Brendan was responsible for the crime.When Brendan's mum died his Sister went to Northern Ireland to bury her, Brendan would phone and ask where she was i had to tell him that she was out every time he phoned from prison, he never knew his mother was dead.There are so much that has to come out about this case lots of it are very sad and as a family we cant move on in life we are stuck in 2003 still and find it hard to move forward as a family knowing Brendan should not be in prison.All we want is the truth told nothing more Mrs Irvine also deserves that.------------------------------------------------------- ----------------------------------------------------------- About Brendan ----------------------- Brendan Dixon was born in Altnagelvin Hospital in Londonderry on 28th November 1968.He was one of five children in his family.He grew up 3 miles outside Derry city in a place called Ardmore, near the River Faughan, where he had spent many happy days fishing and hanging around with his friends.He grew up there and went to Ardmore primary school, and then he went onto high school at St Brecan’s Boys School.Brendan like many kids did not like school much.He struggled a little with learning to read and write.He was always a happy boy and a nice child. Brendan was full of life and fun.He was never in trouble at school. Anyone who met him liked him and still does.He is one of those people who would never pass you on the street, he always said hello to everyone.His friends still talk about the craic they had back then.He still has family in Ireland and his Irish roots go back to Gweedore, Co Donegal.Brendan moved to Scotland after his father died when he was 15 years old.He stayed in a rough estate in Kilmarnock called Longpark, where he began hanging around with the wrong crowd and started being a petty thief.He had trouble with the local police for petty crime.Brendan fell in love and two sons were born. Young Brendan who is disabled and needs respite care quite a lot.His other son is Connor, who went everywhere with Brendan on his bike.He loves his two kids so much.Life took a turn for the worse for Brendan when he and his girlfriend split up and she stopped him seeing his two children.Soon after this, Brendan was arrested on a murder charge. A murder for which there was no evidence of his involvement. (circumstantial hearsay evidence only)Then his mother died of lung cancer, Brendan did not get to say goodbye to his mother. He was not at her funeral.Brendan was devastated when he was told of her death and things got very bad for him and for the rest of his family.He was a good caring son to his mother. She had a good son in him and she knew it. She loved it when he visited her.Brendan has a very supportive family and friends, not just in Ireland but in Scotland too.Brendan does not read or write very well but he makes up for it in other ways. He doesn’t let it hold him back from getting on with life.He is well known amongst the neighbours for helping the elderly and others with odd jobs, both in Ireland and Scotland.He was the kind of guy who would give you his last, and often would give money to the homeless, since he felt that they needed it more than he did.He felt lucky to live with his sister Marie and her family.Brendan would spend his days fixing up bikes and would look around dumps and skips to get bits and pieces to fix up. He enjoyed being outdoors and would spend hours on end doing this stuff. He would go on long bike rides after he fixed them up.Even in prison he is well liked and people in there know he is an innocent man.He misses Ireland but grew to love Scotland and its friendly people.His family, friends and supporters know that Brendan is innocent of this crime he was convicted of and will continue to fight for his release.Brendan himself wants to continue to fight and find who really killed Mrs Irvine and for justice not just for himself but for Mrs Irvine too. Brendan feels very strongly about this.Brendan is willing to take a lie detector in this case to prove that he was not involved in anyway with the murder of Mrs Irvine.We realise that lie detector results would not be admissible in court but it would prove to everyone else that yes he is indeed an innocent man. ------------------------------------------------------------ ------------------------------------------------------From The Kilmarnock Standard---------------------------------------------------- -------------------CAMPAIGNERS for the release of two men jailed for the murder of a 91-year-old Galston woman this week issued a fresh appeal for witnesses.The call comes just a week before one of the men is due to launch a legal challenge for the release of prosecution witness statements.Patrick Docherty, 43, of Dalmellington, and Brendan Dixon, 38, of Kilmarnock, were jailed for a minimum of 25 years in March 2005 after a jury at the High Court in Kilmarnock found them guilty of killing widow Margaret Irvine in her home in Barward Road. A murder charge against a third man — Colin Miller, 34, from Galston — was found not proven.Next week, Dixon’s solicitor will apply to the High Court in Edinburgh for the release of statements and other documentation in a bid to gather evidence for his appeal.These are understood to include statements made by a woman who claimed to have seen two men outside the dead woman’s house on the day her body was found. She 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.Supporters of the appeal have described her as “pivotal” and a “credible witness”.Her evidence should have been available during the trial, they say.Dixon’s solicitor Aamet Anwar said that he was requesting full disclosure by the prosecution because investigations had revealed that there were matters which should have been brought before the trial jury which were not.One of the main campaigners for the release of the two men — Dixon’s brother-in-law Kevin Donald — said this week that his confidence in the success of the appeal was growing.“Things are moving in the right direction,” he said.And he called on anyone in Galston who might have information about the murder to come forward.“There could be more people out there who know something which could help,” he said.And he thanked those who had already provided information.“We are very grateful to them,” he said.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 with a belt. The cause of death was found to be asphyxia, caused by a duster which had ben placed in her mouth.Mrs Irvine 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. ............................................................ ............................................................ ................................From The Kilmarnock Standard---------------------------------------------------- -------------------A KEY campaigner for the release of the two men convicted of the murder of Galston pensioner Margaret Irvine this week responded to critics who slammed his Christmas card campaign as “distasteful”.The ‘Free the Killie 2’ group ended 2007 by mailing around 70 cards to pubs and businesses in the Irvine Valley town to thank thanking those who have come forward with information which could aid their case.But the stunt attracted a sharp reaction from some local people, including the dead woman’s nephew Charles Keers.Patrick Docherty, 43, of Dalmellington, and Brendan Dixon, 38, of Kilmarnock, were each jailed for a minimum of 25 years in March 2005, after a High Court jury found them guilty of killing the 91-year-old widow in her home in Barward Road.Since then, Dixon’s brother-in-law Kevin Donald has been determinedly campaigning for their release, claiming that the case against them was “based on hearsay and circumstantial evidence”.Mr Donald said this week that, while the cards had been intended to provoke “some kind of reaction”, their primary purpose had been to thank those who had already come forward with helpful information.“First and foremost, that was what it was about,” he said.“We wanted to thank the new people that has come forward.”Mr Donald stressed that he and his fellow campaigners had no intention of upsetting the murdered woman’s family.“That was the furthest thing from our mind,” he said.And he vowed that the campaign would continue until the two are granted an appeal against their convictions.Planned for later this year are a renewed leaflet campaign, targeted on Galston, and the printing of Free the Killie 2 t-shirts.Mr Donald said that he expected that any appeal would not take place until the end of this year.Dixon and Docherty were found guilty of murder after a five-week trial during which much of the prosecution evidence consisted of admissions they were said to have made to third parties, following the killing of Mrs Irvine in September 2003.The campaigners for their release claim that a number of key witnesses in the case had themselves been questioned about the murder and that several had been proven to have lied while giving evidence.Mrs Irvine was found dead in her bedroom by her carer at 4.50pm on September 28 2003 after what is thought to have been a botched robbery bid.She had been gagged and had her hands tied behind her with a belt.The cause of death was found to be asphyxia, caused by a duster placed in her mouth.[The idea of the Cards was to thank the many local people from the Kilmarnock area who came forward with new information.] It worked as more came forward. ------------------------------------------------------------ ------------------------------------------------------ This is how the Scottish justice department deal with inquiries.From Brother-in-law to nephew what planet are they on?First Minister & Justice Department "What A Joke" In response to my letters of complaint, Clearly this response shows that our Justice Department clearly Are Not Interested.Dear Mr Donald Thank you for your e-mail of 30 May 2007 addressed to the First Minister about your brother-in law, Mr Brendan Dixon. I have been asked to reply as the Scottish Executive is responsible for the way in which the justice system addresses potential miscarriages of justice. If someone has been convicted of a crime in a Scottish court and they believe that a miscarriage of justice may have occurred in respect of that conviction or in relation to the sentence imposed, then they should contact the Scottish Criminal Cases Review Commission. The Commission’s role is to review and investigate cases where it is alleged that a miscarriage of justice may have occurred in relation to conviction, sentence or both. If you feel that the Commission may be able to assist in your nephew’s case you should submit an application to the Commission. You can download an application form from their website www.sccrc.org.uk or you can request a form by contacting them at Scottish Criminal Cases Review Commission, Portland House, 5th Floor, 17 Renfield Street, Glasgow, G2 5AH, telephone number 0141 270 7030. Integrity is the absolute cornerstone of modern day policing and I know that the Scottish police service is fully committed to tackling all aspects and allegations of corruption and misconduct. The Police (Scotland) Act 1967, which clearly defines the roles of Scottish Ministers and Chief Constables, also makes it clear that Chief Constables are entirely responsible for operational matters affecting their force including complaints. Neither Scottish Ministers nor the Scottish Executive has any place to intervene or comment on individual cases. Any issues you wish to raise with the Chief Constable, Strathclyde Police, 173 Pitt Street, GLASGOW, G2 4JS, will be taken very seriously by the police. If this is not your area police force, you can find further information at http://www.scottish.police.uk/mainframe.htm Alternatively, you may wish to contact the Area Procurator Fiscal if you suspect that a police officer has behaved in a corrupt manner. Details of the Procurator Fiscal Service in your area can be gathered by visiting the following hyperlink: http://www.crownoffice.gov.uk/About/Departmental-Overview/Ar ea-Procurator-Fiscal/APFIndex I hope this reply is helpful. Yours sincerely ELEANOR McLEAN Criminal Justice Directorate Criminal Law & Licensing Division, GW.15 St Andrews House Regent Road Edinburgh EH1 3DG Tel: 0131-244 2216 ------------------------------------------------------------ ------------------------------------------------------The following press coverage shows conclusively that the DNA and Footprint found in this case does not match any of the Accused. Strange how Crown want to rely on such evidence to convict but when the shoe is on the other foot the evidence of DNA and Footprints not matching is cast aside?Kilmarnock Standard......... ------------------------------------------------------------ --- Nephew of tragic Margaret angry at bid to free jail duo Mar 9 2007THE nephew of a murdered pensioner has slammed a campaign to free the men convicted of her killing. Charles Keers was living next door to his 91-year-old aunt, Margaret Irvine, in Barward Road, Galston, when she was killed in September 2003 in what is thought to have been a botched robbery attempt. And he was himself a witness in the High Court trial which led to two Ayrshire men being jailed for life. Patrick Docherty, 43, of Dalmellington, and Brendan Dixon, 38, of Kilmarnock, were each ordered to serve a minimum of 25 years after a jury found them guilty of murder. A murder charge against a third man — Colin Miller, 34, from Galston — was found not proven. Now a campaign — backed by the Miscarriage of Justice Organisation — has been launched to have the two released. But Mr Keers, 50, said that he was convinced that they were guilty. “I have absolutely no doubt whatsoever,” he said. “I am 100 per cent certain.” Mr Keers, who still lives in Galston, said that a leaflet produced by the campaigners, titled ‘Free the Kilmarnock 2’, had left him “annoyed and upset”. “They even sent one to my local pub,” he said. “People were afraid to tell me because they knew I would be upset.” Mr Keers was himself extensively questioned after the murder. “I have no problem with that,” he said, “they had to cover every angle.” The leaflet issued by campaigners for Dixon and Docherty claims the case against them was “based on hearsay and circumstantial evidence”. Much of the key prosecution evidence during the five-week trial at the High Court in Kilmarnock consisted of admissions Dixon and Docherty were alleged to have made to third parties. No forensic evidence was found which could be linked to any of the accused. The co-founder of the Miscarriage of Justice Organisation, John McManus, said: “I have serious doubts about this case. I normally wouldn’t be so quick to jump in, but I do think these guys are innocent.” And Kevin Donald claimed that there was fresh evidence in the case, which is expected to go to appeal in May or June.The above appeal has been postponed because of the lack of and refusal of Crown to disclose Key evidence not heard at original trial. There is a time set for a hearing for disclosure which again delays the Appeal date somewhat and in the meantime two Innocent men languish in Prison ------------------------------------------------------------ ------------------------------------------------------ Threats made to murder accused-------Kilmarnock Standard............A MAN cleared of the murder of a Galston pensioner was threatened as he helped a friend move a washing machine.Colin Miller, who was found not guilty of the 2003 killing of 91-year-old Margaret Irvine, was branded a ‘murderer’ and a ‘paedophile’ during the row in a close in Galston’s Clinchyard Place in February last year.At Kilmarnock Sheriff Court last week 36-year-old Kevin Gilmour was jailed for a total of 10 months after he was found guilty of threatening violence as well as committing a breach of the peace by shouting and swearing.But the jury found an allegation that he had a knife on the same occasion not proven.The majority verdicts came after a three-day trial during which evidence was led that Gilmour had chased Miller with a knife.Brian Little, 25, of Clinchyard Place, told the court that Miller was helping him move a washing machine when Gilmour appeared and launched a tirade of abuse at the former murder suspect, saying that he did not want him near his house.Mr Little said that Miller had left the scene and he had gone back into his own house, upstairs from Gilmour.He told the court: “As I was sitting in the house, Mr Gilmour came out and started shouting in the entry that he was going to f***ing kill me if I phoned the police.“My door was getting kicked in that night and he was going to do me.”The jury was told that Mr Little went to his parents house nearby to call the police, but then returned to the close with his parents and Miller.It was then he claimed that Gilmour pulled a knife and chased Miller “straight up the street”.The court also heard from his mother Mrs Jeanette Little who described a fight between her and Gilmour’s girlfriend Myra Simpson.She claimed that Simpson was also armed with a knife.Simpson was originally in the dock along with Gilmour, accused of having a knife and assaulting Mrs Little, but Andrew Lazarrin, prosecuting, abandoned the case against her during the trial.All the prosecution witnesses denied suggestions by Neil McPherson, defending, that they had concocted a story about knives in a bid to help Mrs Little, who was later prosecuted on a charge of assaulting Simpson.No defence evidence was led.Mr McPherson told the jury that two of the witnesses had been proven to have lied while giving evidence.Miller, he said, had denied taking drugs, although he had five convictions for possessing them.And Mrs Little had claimed in court that she had never been in trouble in her life and had a clean record. She had, in fact, been convicted on a breach of the peace charge 11 years ago.Brian Little, he said, had been unable to stop swearing, even when giving evidence.“He swore at me,” said the solicitor.Gilmour, now of West Main Street, Darvel, was sentenced to six months imprisonment for the breach of the peace, but received a consecutive four-month term for making racist remarks about a police surgeon. He had previously pleaded guilty to the offence, which was committed at Kilmarnock police station after his arrest.Mr Lazarrin said the incident took place when Gilmour asked to see a doctor.When he was reminded he had already seen the police surgeon, he made abusive remarks and added: “I’m a racist.”Simpson, 31, of the same address, was fined £225 after pleaded guilty to failing to appear at court on a previous occasion. ------------------------------------------------------------ ------------------------------------------------------ From BBC news...OAP murder hunt launched Mrs Irvine had recently become housebound Police are hunting the killer of a 91-year-old woman who was found dead in Ayrshire. The body of Margaret Irvine, who lived alone, was discovered in her home at Barward Road, Galston, at 1650 BST on Sunday.Strathclyde Police said a post mortem examination revealed that Mrs Irvine was the victim of a "brutal and callous attack".An incident room has been set up at Kilmarnock police station and officers were carrying out door to door enquiries in the area.As well as carrying out an extensive investigation, extra police attention will be given to the communityDCI Willie Prendergast Detective Chief Inspector Willie Prendergast, the officer in charge of the investigation, said: "At this time we have still to establish a motive for this senseless crime committed against a well respected senior member of the community."Mrs Irvine was a grandmother and had recently become housebound.DCI Prendergast said that a friend had spoken to her at 0725 BST on Sunday morning."Although crimes of this nature are thankfully very rare, it is vital that we trace the person or persons responsible," he added."I would like to reassure members of the Galston community, particularly elderly citizens who may be living alone, that as well as carrying out an extensive investigation, extra police attention will be given to the community."Officers have issued an appeal for information from anyone who was in the area of Barward Road on the day and may have seen anything suspicious.The Kilmarnock incident room telephone number is 01563 505058. ------------------------------------------------------------ ------------------------------------------------------From BBC news..New leads in OAP murder. Margaret Irvine was a widow who lived alone Police hunting for the killer of a 91-year-old Ayrshire woman are pursuing new lines of inquiry. Great-grandmother Margaret Irvine was found tied up and beaten to death by an intruder to her Barwood Road home in Galston on Sunday 28 September.Det Supt Stephen Heath, the officer in charge of the inquiry, said that new leads were emerging.DS Heath refused to give details but revealed that extra police officers from other divisions were being drafted in to Galston for door-to-door inquiries.He said it was vital to interview people as quickly as possible before they forget what they may have seen on the day of the murder.Detectives have interviewed a number of local people about the killing but have not yet made an arrest.It has emerged that the frail widow was the victim of a previous break-in last July during which some personal effects were stolen.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. ------------------------------------------------------------ -----------------------------------------------------From BBC news....Door-to-door inquiries over killing. Margaret Irvine died a week ago Detectives investigating the brutal murder of a 91-year-old great-grandmother are stepping up their inquiry, a week after the killing. Officers have been conducting door-to-door inquiries and questioning people in the hope of uncovering information crucial to catching the killer of Margaret Irvine.Police believe someone in Galston - the Ayrshire town where Mrs Irvine lived - holds the key to solving the murder.The frail pensioner had been tied up and beaten to death by an intruder to her Barwood Road home.Police said there was no sign of a forced entry but the housebound pensioner, who was visited by home-help assistants twice daily, had been in the habit of leaving her door unlocked.Det Supt Stephen Heath, who is overseeing the investigation, said a team of uniformed officers were making inquiries in Galston on Sunday morning.Previous break-inMr Heath said it was known that the crime had been committed last Sunday during the day, and having such a focused time frame could help the inquiry."Any small piece of information is very useful," he said.Detectives have interviewed a number of local people about the killing but have not yet made an arrest.It has since emerged that the frail widower was the victim of a previous break-in last July during which some personal effects were stolen.Earlier this week Mrs Irvine's daughter, Lily Green, flew in from Michigan to make an emotional appeal for anyone with information to come forward.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. ------------------------------------------------------------ -----------------------------------------------------Murdere d OAP had been tied up.From BBC NEWS........Margaret Irvine: "Frail and lonely" Police have revealed that the 91-year-old woman who was murdered in her Ayrshire home had been tied up in the attack. Margaret Irvine was the victim of a brutal beating and was found dead on Sunday by a family friend.Detectives said she would have been completely unable to defend herself.At a news conference on Tuesday, the officer in charge of the investigation, Detective Chief Inspector Willie Prendergast, described the killer as "brutal and callous".He said the person would have been bloodstained but would almost certainly have shown signs of a serious mood swing in the hours after the crime."Whoever committed this crime had no regard for the consequences," said DCI Prendergast."Whatever the motivation, there was absolutely no need for this level of violence to be perpetrated against a very fine lady."'Too afraid'He added that the motive for the attack was probably theft.Mrs Irvine's home was broken into three months ago, it has emerged.Karen Bracher, who lives opposite Mrs Irvine's house in Barward Road, Galston, said: "I don't let my kids play out at the front and I'm too afraid to go out after dark without my man."She was a quiet, frail, harmless old lady."It's terrible to think someone could do this to her."Police have sealed off the crime scene Another neighbour, who provided home help for Mrs Irvine, said: "The people who did this are animals."I used to visit Margaret on Saturday and Sunday mornings to cook her breakfast and draw her blinds."She used to just sit down and want to speak to me about my family and about hers. She was so frail and lonely."An elderly woman, who also asked not to be named, said: "It's very frightening. I never even used to lock my front door but now I lock all the doors."The officer in charge of the investigation said on Monday that no motive had been established for the murder.Mrs Irvine was a grandmother and had recently become housebound.Detectives said she was in the habit of leaving her door unlocked. ------------------------------------------------------------ ------------------------------------------------------ Evening times articles........WELL-KEPT gardens sit next to shops draped with metal curtains. On one street, the words, ''Colin is a dead man'', are scrawled across an empty building. Galston may be an East Ayrshire village with typical problems of drugs and deprivation. But, until Sunday, it was not known for violent crime against its elderly residents. The vicious attack on Margaret Irvine, a 91-year-old grandmother, on Sunday set it apart from the break-ins which have recently worried people on Barward Road. Detective Chief Inspector Willie Prendergast said the widow, whose home had been raided within the past few months, had been subjected to a particularly violent ordeal. He said: ''This was your typical old lady who was too trusting. At this time, we have still to establish a motive for this senseless crime committed against a well-respected senior member of the community.'' Mrs Irvine suffered from sciatica, a condition which impaired her mobility. Her body was discovered by Violet Connell, one of five home helps who visited her . A widow who lost husband John several years ago, Mrs Irvine was understood to have two daughters, Lillian and Margaret, who both live in Ayrshire and a son, who died many years ago. She lived next door to nephew Charles Keers, who was too upset to comment. Detectives yesterday reassured residents that the police presence will be stepped up and unmarked cars will be on patrol. The murder has shaken Mrs Irvine's neighbours, many of whom are elderly and living on their own. One woman, who has lived on the street for more than 60 years, said: ''It knocks you for six to be told something like that. I just would not have thought this could happen. My doors are locked all day but still, it makes you wonder. It is quite a shock.'' Another neighbour and friend, Nancy Boyes, said: ''She was a lovely chatty lady but I knew she hadn't been keeping well. ''It's very worrying. I'm concerned about my mother - she's on her own and an awful one for opening the door to strangers.'' Mrs Boyce added: ''The community has changed for the worse, with a lot of the young ones drinking heavily and taking drugs. Somebody was stabbed on Catherine Drive just a couple of months ago. I have seen ones that I know are dabbling in it h