- Prime Minister,Scottish First Minister, Scottish Justice Minister, Strathclyde police U-Division.
- United Kingdom
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 received a verdict of Not Proven].
There was no physical evidence in this case. It was based on 3rd party hearsay and circumstantial 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. Several of these witnesses where proven in court to have lied and minutes were brought out to disclose this.
It is important that ALL the evidence is now heard, not just for the sake of Brendan, but also for the sake of Mrs Margaret Irvine, who most certainly did not deserve to be killed.
"Justice delayed is Justice Denied"
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 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 circumstantial evidence. The police recovered DNA and footprints from the murder scene that did not belong to any of the accused. A number of key witnesses, who are not strangers to the police had themselves being questioned about the murder and had known criminal activities.
The Murder: On Sunday September 28th 2003, 91 year old Galston woman Margaret Irvine was murdered. She was found by her carer at 4.50pm she had been gagged and had her hands tied behind her back with a belt. The cause of death was asphyxia due to her choking on the duster that had been placed in her mouth. Mrs Irvine was last seen alive at 7.00am 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.) " which was dropped during trial as it fitted in with Brendan's alibi," Colin Miller was attacked by cons whilst in prison for his part of the murder, Brendan 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 says he saw Brendan Dixon and Patrick Docherty, In Catherine Drive. He changes this to 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; 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 or 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 28th September 2003. She looked out her window and seen Colin Miller three times, at 6.00am, 6.40am and again at 7.00am. However witnesses for Colin Miller stated in court that he spent the Saturday night at their house. They stated he did not leave their house until 7.50am on the morning of the murder. Later that morning Colin Miller was at 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 face and head with a hammer. Another neighbour of Mrs Irvine was Mrs Mc Cartney, in court she stated, at around 10 am 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 stranger passing by her house early on the morning of the murder. Both Brendan and Patrick had separate alibis to state that they were no where near the Galston vicinity on the morning Sunday 28th September 2003 when Mrs Irvine was murdered
If capital punishment was still carried out in Britain today, Two innocent men would not be alive to reveal the corruption and underhand dealings in a judicial system in Scotland.
No justice has been done for Mrs Irvine and her family. Galston is a small community; and the murderers of Margaret Irvine must be known to someone in the East Ayrshire area.
Justice has not been served and 2 Men languish in prison for a crime neither committed.
This petition is in order because of the lack of disclosure given in the case and the steadfast refusal to give information that could have saved innocent men from life in prison while the killers walk free.
Privy council decision.
Along with our genuine sympathy for the family and friends of the victim, we the undersigned are also extremely concerned that a terrible injustice has been done to Brendan Dixon. We strongly believe in his innocence and pray that in the interest of truth and justice the Prime Minister, Scottish first Minister and justice Minister will intervene in the conviction and subsequence sentence.
In the absence of relief sought being granted, that of vacating of conviction and sentence, we plead for a full and unconditional pardon or retrial be granted to Brendan Dixon post haste, and that Strathclyde police U-Division, Pitt Street Glasgow and St Marnock street Kilmarnock reveal every detail that has been hidden in this case about the killers of Margaret Irvine.
There is evidence withheld in this case that could have proved beyond a reasonable doubt that Brendan Dixon never committed the Murder of Margaret Irvine in 2003, and that others known to Strathclyde Police committed the crime.
We call on the Prime Minister, Scottish First Minister and Justice Minister to intervene in the case of the innocent men held in connection with this Murder, and order the release of details held of everything relating to the case of Mrs Irvine, and operational matters of U Division, Strathclyde Police regarding their dealing of the case and for them to carry out the threat of taking DNA samples that they said they would do before the arrests of the Men convicted of this serious crime, and find the match for the DNA that they recovered.
The Justice 4 Brendan Dixon petition to Prime Minister,Scottish First Minister, Scottish Justice Minister, Strathclyde police U-Division. was written by Justice4Brendan and is in the category Justice at GoPetition.