brendan's lawyer mr aamer anwar has withdrawn his services, there is also an a hearing on the 13th and 14th november for full disclosure in all the 9 cases.
the fight goes on thanks mr anwar for your support!
freethekillie 2
Thursday, 11 October 2007
Sunday, 2 September 2007
sunday herald articles.
http://www.sundayherald.com/news/heraldnews/display.var.1658652.0.mystery_over_significant_witness_at_murder_trial.php
http://www.sundayherald.com/news/heraldnews/display.var.1612329.0.murderer_seeks_new_evidence.php
and kilmarnock standard.
http://icayrshire.icnetwork.co.uk/kilmarnockstandard/news/tm_headline=murder-appeal-new-bid-to-see-witness-papers%26method=full%26objectid=19642249%26siteid=73592-name_page.html
http://www.sundayherald.com/news/heraldnews/display.var.1612329.0.murderer_seeks_new_evidence.php
and kilmarnock standard.
http://icayrshire.icnetwork.co.uk/kilmarnockstandard/news/tm_headline=murder-appeal-new-bid-to-see-witness-papers%26method=full%26objectid=19642249%26siteid=73592-name_page.html
Thursday, 2 August 2007
disclosure,
on the 23, 24, of august brendan dixon will go to the high court in edinburgh. where his legal team will ask again for the release of vital statements.
what have the crown got to hide!,
it does not only happen in the case of the killie 2, but more and more cases in scotland eg william gage, and william beck to name a few.
will the disclosure be released, i hope so, for our justice system to work we need an open system going from police to pf, to crown. and no hold up's, my brother-inlaw has already spent 2, and a half years in prison for a crime he did not do, while the real killer walks free.
The case to be referred to is Holland and Sinclair and made by Privy Council. See following:
THE head of Scotland's biggest association of court lawyers has claimed that a "significant number" of cases are collapsing because of a failure by prosecutors to show the defence key evidence on time.
Gerry Considine, the president of the Glasgow Bar Association, says delays by the Crown Office in disclosing potentially crucial evidence, including DNA reports and witness statements, have caused "terminal delays" to cases.
Two years ago, the judicial committee of the Privy Council, the highest criminal appeal court, quashed the convictions of two Scots, James Holland and Alvin Sinclair, on the grounds the Crown had failed to disclose vital documents and therefore denied their right to a fair trial.
Until then, the disclosure of Crown evidence or information had rested with the Lord Advocate and Crown Office.
But the landmark rulings decreed that, unless there are national security implications, all statements have to be made available to the defence "as a matter of course".
The Crown is also now required to give the defence details of previous convictions and outstanding charges in relation to prosecution witnesses.
what have the crown got to hide!,
it does not only happen in the case of the killie 2, but more and more cases in scotland eg william gage, and william beck to name a few.
will the disclosure be released, i hope so, for our justice system to work we need an open system going from police to pf, to crown. and no hold up's, my brother-inlaw has already spent 2, and a half years in prison for a crime he did not do, while the real killer walks free.
The case to be referred to is Holland and Sinclair and made by Privy Council. See following:
THE head of Scotland's biggest association of court lawyers has claimed that a "significant number" of cases are collapsing because of a failure by prosecutors to show the defence key evidence on time.
Gerry Considine, the president of the Glasgow Bar Association, says delays by the Crown Office in disclosing potentially crucial evidence, including DNA reports and witness statements, have caused "terminal delays" to cases.
Two years ago, the judicial committee of the Privy Council, the highest criminal appeal court, quashed the convictions of two Scots, James Holland and Alvin Sinclair, on the grounds the Crown had failed to disclose vital documents and therefore denied their right to a fair trial.
Until then, the disclosure of Crown evidence or information had rested with the Lord Advocate and Crown Office.
But the landmark rulings decreed that, unless there are national security implications, all statements have to be made available to the defence "as a matter of course".
The Crown is also now required to give the defence details of previous convictions and outstanding charges in relation to prosecution witnesses.
Saturday, 28 July 2007
other cases of injustice.
http://www.annierockstar.com/
http://williambeck.blogspot.com/
http://www.flickr.com/photos/big-wullie/
http://scottishlaw.blogspot.com/2006/09/lawyers-named-in-charges-of-fraud.html
http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=184480766&blogID=258040875&MyToken=d178d67a-a36d-4448-abc3-d44c1ced098d
and some music of injustice.
http://uk.youtube.com/watch?v=iVKzfGyZTyo
http://uk.youtube.com/watch?v=dLZDx_x-DNw&mode=related&search=
http://shirleymckie.myfastforum.org/index.php
http://www.youtube.com/watch?v=sWUCs-lyM_g&NR=1
and mojo scotlands website.
http://www.mojoscotland.com/news.html
injustice is everyones problem, it is time to stand up and be counted about all the miscarraiges of justice.
http://williambeck.blogspot.com/
http://www.flickr.com/photos/big-wullie/
http://scottishlaw.blogspot.com/2006/09/lawyers-named-in-charges-of-fraud.html
http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=184480766&blogID=258040875&MyToken=d178d67a-a36d-4448-abc3-d44c1ced098d
and some music of injustice.
http://uk.youtube.com/watch?v=iVKzfGyZTyo
http://uk.youtube.com/watch?v=dLZDx_x-DNw&mode=related&search=
http://shirleymckie.myfastforum.org/index.php
http://www.youtube.com/watch?v=sWUCs-lyM_g&NR=1
and mojo scotlands website.
http://www.mojoscotland.com/news.html
injustice is everyones problem, it is time to stand up and be counted about all the miscarraiges of justice.
Saturday, 14 July 2007
media reports
http://news.bbc.co.uk/1/hi/scotland/3585052.stm
http://news.bbc.co.uk/1/hi/scotland/3180836.stm
http://news.bbc.co.uk/1/hi/scotland/3149180.stm
http://news.bbc.co.uk/1/hi/scotland/3174676.stm
this is some of the media reports more will follow in time .
Last Updated: Tuesday, 1 March, 2005, 17:43 GMT
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Printable version
Men convicted of pensioner murder
Margaret Irvine was a widow who lived alone Two men have been ordered to serve at least 25 years in jail for the murder of a 91-year-old woman in her home.
Patrick Docherty, 41, and Brendan Dixon, 36, were found guilty of killing Margaret Irvine in Galston, Ayrshire, during a botched robbery in 2003.
Lord Hardie said the "wickedly reckless and truly evil" crime was "beyond the comprehension of all decent people".
He jailed the pair for life after they were convicted by a jury at the High Court in Kilmarnock.
He ordered that they must serve 25 years before they will be eligible to apply for parole.
The case against a third man, 32-year-old James Miller, was found not proven.
Brendan Dixon had 30 previous convictions
The frail pensioner, who lived alone, was bound and beaten before a duster was shoved in her mouth and a pillowcase pulled over her head.
She was found lying on her bed by her home-help hours after she was murdered on 28 September, 2003.
The four-week trial heard that Docherty and Dixon broke into Mrs Irvine's home on Barward Road, switched off the electricity and struggled with the pensioner.
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.
It is time that people realised that it is not for them to call into question or to comment to jurors after a verdict
Lord Hardie
Docherty, of Hillcrest, Bellsbank, Dalmellington, and Dixon, whose address was given as Kilmarnock prison, denied the charges.
Both men lodged special defences of alibi and claimed they were elsewhere at the time of the murder.
Passing sentence, Lord Hardie said: "Your actions defy description and were beyond the comprehension of all decent people."
He said the pair had attacked Mrs Irvine in "the sanctity of her own home" with a view to robbing her of her life savings.
"Such an assault is properly described as wickedly reckless," he said.
http://news.bbc.co.uk/1/hi/scotland/3180836.stm
http://news.bbc.co.uk/1/hi/scotland/3149180.stm
http://news.bbc.co.uk/1/hi/scotland/3174676.stm
this is some of the media reports more will follow in time .
Last Updated: Tuesday, 1 March, 2005, 17:43 GMT
E-mail this to a friend
Printable version
Men convicted of pensioner murder
Margaret Irvine was a widow who lived alone Two men have been ordered to serve at least 25 years in jail for the murder of a 91-year-old woman in her home.
Patrick Docherty, 41, and Brendan Dixon, 36, were found guilty of killing Margaret Irvine in Galston, Ayrshire, during a botched robbery in 2003.
Lord Hardie said the "wickedly reckless and truly evil" crime was "beyond the comprehension of all decent people".
He jailed the pair for life after they were convicted by a jury at the High Court in Kilmarnock.
He ordered that they must serve 25 years before they will be eligible to apply for parole.
The case against a third man, 32-year-old James Miller, was found not proven.
Brendan Dixon had 30 previous convictions
The frail pensioner, who lived alone, was bound and beaten before a duster was shoved in her mouth and a pillowcase pulled over her head.
She was found lying on her bed by her home-help hours after she was murdered on 28 September, 2003.
The four-week trial heard that Docherty and Dixon broke into Mrs Irvine's home on Barward Road, switched off the electricity and struggled with the pensioner.
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.
It is time that people realised that it is not for them to call into question or to comment to jurors after a verdict
Lord Hardie
Docherty, of Hillcrest, Bellsbank, Dalmellington, and Dixon, whose address was given as Kilmarnock prison, denied the charges.
Both men lodged special defences of alibi and claimed they were elsewhere at the time of the murder.
Passing sentence, Lord Hardie said: "Your actions defy description and were beyond the comprehension of all decent people."
He said the pair had attacked Mrs Irvine in "the sanctity of her own home" with a view to robbing her of her life savings.
"Such an assault is properly described as wickedly reckless," he said.
Friday, 13 July 2007
Press Coverage
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 Foootprints not matching is cast aside?
Nephew of tragic Margaret angry at bid to free jail duo
Mar 9 2007
THE 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
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 Foootprints not matching is cast aside?
Nephew of tragic Margaret angry at bid to free jail duo
Mar 9 2007
THE 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
Thursday, 5 July 2007
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/Area-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
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/Area-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
Tuesday, 3 July 2007
Lord Hardie's Critical Report
freethekillie2Joined: 27 Apr 2007Posts: 77
Posted: Tue Jul 03, 2007 6:48 am Post subject:
[this is some words out of lord hardies report] examination of the scene by police officers, forensic scientists and the pathologist disclosed that the electricity had been switched off at the main switch located in a kitchen cupboard . the kitchen was the first room to which access was obtained after entering the unlocked side door of the house. the telephone downstairs had also been disconnected and the zimmer, which was always located at the foot of the stairs to enable mrs irvine to use it there when she came of the stair lift, had been moved away from the area so it could not be used in those circumstances. each of the rooms showed signs of an intruder or intruders having opened drawers and jewellery boxes and having moved items. althought the intruders had been in each room of the house there was a locked wardrobe in the spare room. police officers found a key for this wardrobe and upon opening it discovered a bag containing a pink make up bag, an envelope and a cardboard holder each of which contained sums of money. in total there was £8,150. mrs irvine it was stated was robbed 6 weeks before and anything of importance was stolen. as i have stated on this forum police found purses under a slab in a garden in galston, one of which belonged to mrs irvine from the first robbery in july. also stated is brendans willingness to take a lie detector test, there are many witnesses never called to give evidence that could have undermined the crowns case.
Legal ruling set to delay city courts
HUNDREDS of cases at Scotland's busiest district court could be delayed following a legal ruling over the failure of prosecutors to disclose statements to defence lawyers.
At Glasgow District Court Stipendiary Magistrate Alan Findlay ordered the procurator fiscal to hand over statements and police notebooks in an assault and breach of the peace trial.
Stirling defence lawyer Virgil Crawford had argued the failure to do so, despite repeated requests, had breached the human rights of the two accused men.
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This week, after hearing extensive legal arguments, Stipendiary Magistrate Findlay ruled the defence lawyer was entitled to see the missing statements, police notebooks and details of previous convictions of witnesses.
He ordered the prosecution to produce them "without delay", but granted them leave to appeal.
The trial of the two accused, which should have been heard this month, has been put off until October 10.
Afterwards, Mr Crawford said: "Disclosure is happening in every district court except Glasgow.
"Here, the procurator fiscal's attitude is that if the prosecution has to work with the same statements from the police as the defence, what does it matter?
"That is not good enough. Under European Human Rights legislation the Crown is obliged to hand over all statements to the defence, particularly if they are requested.
"The implication of the ruling is that if every lawyer takes this particular human rights point he or she will win it, so trials could be further delayed for months while disclosure is carried out."
Earlier this year, when told the Crown had not handed over statements in a murder case, High Court judge, Lord Hardie, described the failure as an "act of defiance" and threatened to hold Lord Advocate Elish Angiolini in contempt of court.
Publication date 11/05/07
Thu 21 Dec 2006
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Murder suspects freed on bail after Crown's witness statement error
ARNOT MCWHINNIE
FOUR brothers accused of murder were freed on bail yesterday after the Crown failed to provide more than 100 witness statements to the defence.
The High Court in Glasgow heard that some of the 121 statements, which remained undisclosed by prosecutors until the trial began, could have been of major importance.
The judge, Lord Bracadale, called a temporary halt to the proceedings and set the four brothers free on bail pending a new trial early next year.
Friends and relatives of 29-year-old Michael Lynch, of Kennedar Drive, Linthouse, who was allegedly stabbed to death by the four brothers and another man who was already on bail, were furious as the accused walked from court.
A family friend, who asked not to be named, said: "It is beyond belief that a mistake by the Crown should allow the four accused, who have been in custody on a murder charge since the end of June, to be freed.
"They will doubtless enjoy a better Christmas dinner than they would have in custody."
Yesterday's case was the third murder trial in a few weeks to hit the buffers for the same non- disclosure reasons.
The problem was first identified last month in a trial before Lord Hardie, who made a legal order requiring the Crown to hand all statements in the case to the defence team within 24 hours. When the Crown failed to do so, the furious judge threatened to hold Scotland's new Lord Advocate, Elish Angiolini, QC, in contempt of court for what he described as an "apparent act of defiance".
He was told that the Crown had no failsafe system of checking statements to be disclosed.
Yesterday, Lord Bracadale - who had earlier described the Crown's failings as "lamentable" - told the jury who had sat since last week without hearing any evidence that they were being discharged. He said: "Statements are usually disclosed at an early stage well before the trial.
"In this case, there has been a serious breakdown in arrangements and a vast amount of material has been produced by the Crown after the start of the trial."
He told jurors: "The experience is likely to leave you with a poor view of our criminal justice system in operation, but it is rare for cases to go as badly off the rails as this case did."
The prosecutor, Peter Hammond, revealed that a working party involving police and Crown officials was currently trying to develop a new system to ensure disclosure in all future cases.
The five men accused of murdering Mr Lynch near his home on June 23 this year are Christopher Donohoe, 16, and brothers Craig Hulley, 21, Graham, 19, Mark, 18, and Andrew, 16. In granting them bail, Lord Bracadale ordered that the brothers were tagged and under curfew between the hours of 7pm and 7am.
Posted: Tue Jul 03, 2007 6:48 am Post subject:
[this is some words out of lord hardies report] examination of the scene by police officers, forensic scientists and the pathologist disclosed that the electricity had been switched off at the main switch located in a kitchen cupboard . the kitchen was the first room to which access was obtained after entering the unlocked side door of the house. the telephone downstairs had also been disconnected and the zimmer, which was always located at the foot of the stairs to enable mrs irvine to use it there when she came of the stair lift, had been moved away from the area so it could not be used in those circumstances. each of the rooms showed signs of an intruder or intruders having opened drawers and jewellery boxes and having moved items. althought the intruders had been in each room of the house there was a locked wardrobe in the spare room. police officers found a key for this wardrobe and upon opening it discovered a bag containing a pink make up bag, an envelope and a cardboard holder each of which contained sums of money. in total there was £8,150. mrs irvine it was stated was robbed 6 weeks before and anything of importance was stolen. as i have stated on this forum police found purses under a slab in a garden in galston, one of which belonged to mrs irvine from the first robbery in july. also stated is brendans willingness to take a lie detector test, there are many witnesses never called to give evidence that could have undermined the crowns case.
Legal ruling set to delay city courts
HUNDREDS of cases at Scotland's busiest district court could be delayed following a legal ruling over the failure of prosecutors to disclose statements to defence lawyers.
At Glasgow District Court Stipendiary Magistrate Alan Findlay ordered the procurator fiscal to hand over statements and police notebooks in an assault and breach of the peace trial.
Stirling defence lawyer Virgil Crawford had argued the failure to do so, despite repeated requests, had breached the human rights of the two accused men.
advertisement
This week, after hearing extensive legal arguments, Stipendiary Magistrate Findlay ruled the defence lawyer was entitled to see the missing statements, police notebooks and details of previous convictions of witnesses.
He ordered the prosecution to produce them "without delay", but granted them leave to appeal.
The trial of the two accused, which should have been heard this month, has been put off until October 10.
Afterwards, Mr Crawford said: "Disclosure is happening in every district court except Glasgow.
"Here, the procurator fiscal's attitude is that if the prosecution has to work with the same statements from the police as the defence, what does it matter?
"That is not good enough. Under European Human Rights legislation the Crown is obliged to hand over all statements to the defence, particularly if they are requested.
"The implication of the ruling is that if every lawyer takes this particular human rights point he or she will win it, so trials could be further delayed for months while disclosure is carried out."
Earlier this year, when told the Crown had not handed over statements in a murder case, High Court judge, Lord Hardie, described the failure as an "act of defiance" and threatened to hold Lord Advocate Elish Angiolini in contempt of court.
Publication date 11/05/07
Thu 21 Dec 2006
Printer friendly
Send to friend
Comments (2)
Murder suspects freed on bail after Crown's witness statement error
ARNOT MCWHINNIE
FOUR brothers accused of murder were freed on bail yesterday after the Crown failed to provide more than 100 witness statements to the defence.
The High Court in Glasgow heard that some of the 121 statements, which remained undisclosed by prosecutors until the trial began, could have been of major importance.
The judge, Lord Bracadale, called a temporary halt to the proceedings and set the four brothers free on bail pending a new trial early next year.
Friends and relatives of 29-year-old Michael Lynch, of Kennedar Drive, Linthouse, who was allegedly stabbed to death by the four brothers and another man who was already on bail, were furious as the accused walked from court.
A family friend, who asked not to be named, said: "It is beyond belief that a mistake by the Crown should allow the four accused, who have been in custody on a murder charge since the end of June, to be freed.
"They will doubtless enjoy a better Christmas dinner than they would have in custody."
Yesterday's case was the third murder trial in a few weeks to hit the buffers for the same non- disclosure reasons.
The problem was first identified last month in a trial before Lord Hardie, who made a legal order requiring the Crown to hand all statements in the case to the defence team within 24 hours. When the Crown failed to do so, the furious judge threatened to hold Scotland's new Lord Advocate, Elish Angiolini, QC, in contempt of court for what he described as an "apparent act of defiance".
He was told that the Crown had no failsafe system of checking statements to be disclosed.
Yesterday, Lord Bracadale - who had earlier described the Crown's failings as "lamentable" - told the jury who had sat since last week without hearing any evidence that they were being discharged. He said: "Statements are usually disclosed at an early stage well before the trial.
"In this case, there has been a serious breakdown in arrangements and a vast amount of material has been produced by the Crown after the start of the trial."
He told jurors: "The experience is likely to leave you with a poor view of our criminal justice system in operation, but it is rare for cases to go as badly off the rails as this case did."
The prosecutor, Peter Hammond, revealed that a working party involving police and Crown officials was currently trying to develop a new system to ensure disclosure in all future cases.
The five men accused of murdering Mr Lynch near his home on June 23 this year are Christopher Donohoe, 16, and brothers Craig Hulley, 21, Graham, 19, Mark, 18, and Andrew, 16. In granting them bail, Lord Bracadale ordered that the brothers were tagged and under curfew between the hours of 7pm and 7am.
Monday, 25 June 2007
http://kevin-freethekillie2.blogspot.com/
http://kevin-freethekillie2.blogspot.com/
freethekillie2
would like to thank all organisations, and friends who are trying so hard for the release of brendan dixon and patrick docherty.
freethekillie2
would like to thank all organisations, and friends who are trying so hard for the release of brendan dixon and patrick docherty.
Saturday, 23 June 2007
Crucial Key Witnesses Not Called At Trial
free the killie 2 witnesses not called: acquaintances of brendan's neither preconised nor sited.essentially brendan's previous legal representatives decided that the testimony these witnesses might have to offer was not important. brendan on the other hand believed and still believe, that their evidence as to his whereabouts and demeanour on sunday 28th september, 2003 would flatly contradict the evidence as to my behaviour on that morning offered by lee sheville. at the time both these witnesses contacted the police but the police never took a statement from them, evidence to be challenged: toni wallace: omitted an important fact.two visitors called at her house on sunday 28th september, 2003 toni stated that brendan remained in her house until 5pm on that sunday.yet brendan was watching, with lee, from the green bridge, whilst the visitors were indoors with toni. neither lee nor toni mentioned the visitors presence when interviewed or during the course of their evidence. the visitors were in the house when i was supposedly in the house.i returned to the house after the visitors had departed.shortly thereafter brendan and another person left, leaving lee and toni. their evidence against brendan was not strictly accurate. this is a poem sent to paddy hill, from a girl called:sarah hardy
for so long you have been crying out.
unlike liberty, dignity cannot be denied.
at times it must feel that no one is on your side.
is it because they cannot hear, or will they just not listen?
for so long, injustice has been triumphant,
while staring them in the face have been six innocent men.
when will this nightmare end? they use the word justice.
this cannot be. if justice had been declared you would be free.
There are many unsolved murders in scotland ,there are many innocent men and women in scottish prisons.
Free them all now SNP
for so long you have been crying out.
unlike liberty, dignity cannot be denied.
at times it must feel that no one is on your side.
is it because they cannot hear, or will they just not listen?
for so long, injustice has been triumphant,
while staring them in the face have been six innocent men.
when will this nightmare end? they use the word justice.
this cannot be. if justice had been declared you would be free.
There are many unsolved murders in scotland ,there are many innocent men and women in scottish prisons.
Free them all now SNP
Sunday, 17 June 2007
Some Very Important Details
Some other points of the free the killie 2 case evidence given in court
1:witness Martin Robertson stated in Court. A: he needed his glasses to read his statement. Martin does not wear glasses. b:he said the only reason he gave a statement was to get out on bail.
2: witness Hayden McGonigle was proven in court to have lied. he claimed to have met Patrick Docherty and had a conversation with him, he said Patrick had his hair dyed, he asked what is with the hair pat? pat replied DNA you know. Patrick was in police custody when this conversation was alleged to have taken place.
3: Witness Edward O' brien stated he spoke to Patrick in a back street and that Patrick was looking pale and dodgy.
4: Witness Joseph Leaper stated in court: that Brendan admitted that he was in Mrs Irvine's home, however he did not have time to rob Mrs Irvine because he had to runaway to go and argue with his ex-girlfriend, however there were other witnesses present to say that this conversation did not take place, However,they were not called to court and their evidence was not Heard.
5: Witness Andrew Hay stated in court that he heard that Patrick Docherty, Colin Miller and another man had committed the robbery. He said Patrick was up stairs trying to bite the rings off Mrs Irvine's fingers. Patrick was making too much noise, Colin miller shouted wait and i will show you what to do. It was proven in court that Mrs Irvine's fingers had not been bitten. It was also proven that Patrick Docherty has got false teeth.
Surely if true then this would have left Forensic Evidence like Saliva?
6: Witness Patricia Greening a patient from Crosshouse Hospital stated in court: That she met Brendan in the hospital while he took time out because his mother was dying from cancer, and he had spilt up with his girlfriend. Ms Greening said that Brendan told her he had stabbed someone “17 Times” The prosecution said take away the “17 times” and a murder has been Committed.
7: There were many witnesses not called to court who could have cleared Brendan and Patrick. Why Weren't they Called?
8: Many of the witnesses above had been brought from police custody to give evidence.
Free the killie2 and all the innocent Men and Women in Brittish Prisons. And give William Beck a fair appeal.
1:witness Martin Robertson stated in Court. A: he needed his glasses to read his statement. Martin does not wear glasses. b:he said the only reason he gave a statement was to get out on bail.
2: witness Hayden McGonigle was proven in court to have lied. he claimed to have met Patrick Docherty and had a conversation with him, he said Patrick had his hair dyed, he asked what is with the hair pat? pat replied DNA you know. Patrick was in police custody when this conversation was alleged to have taken place.
3: Witness Edward O' brien stated he spoke to Patrick in a back street and that Patrick was looking pale and dodgy.
4: Witness Joseph Leaper stated in court: that Brendan admitted that he was in Mrs Irvine's home, however he did not have time to rob Mrs Irvine because he had to runaway to go and argue with his ex-girlfriend, however there were other witnesses present to say that this conversation did not take place, However,they were not called to court and their evidence was not Heard.
5: Witness Andrew Hay stated in court that he heard that Patrick Docherty, Colin Miller and another man had committed the robbery. He said Patrick was up stairs trying to bite the rings off Mrs Irvine's fingers. Patrick was making too much noise, Colin miller shouted wait and i will show you what to do. It was proven in court that Mrs Irvine's fingers had not been bitten. It was also proven that Patrick Docherty has got false teeth.
Surely if true then this would have left Forensic Evidence like Saliva?
6: Witness Patricia Greening a patient from Crosshouse Hospital stated in court: That she met Brendan in the hospital while he took time out because his mother was dying from cancer, and he had spilt up with his girlfriend. Ms Greening said that Brendan told her he had stabbed someone “17 Times” The prosecution said take away the “17 times” and a murder has been Committed.
7: There were many witnesses not called to court who could have cleared Brendan and Patrick. Why Weren't they Called?
8: Many of the witnesses above had been brought from police custody to give evidence.
Free the killie2 and all the innocent Men and Women in Brittish Prisons. And give William Beck a fair appeal.
Thursday, 14 June 2007
Freethekillie2 Some Proven Facts
some points of the killie 2 case
1:both brendan and patrick were willing to take the witness stand.
2:colin miller did not take the witness stand to give evidence against brendan and patrick. 3:they were never seen together in the small village of hurlford.
4:they were never in prison for the same crime.
5:mrs paton knew miller because he used her garden as a short cut (which brings you out at mrs irvine's house)
6: every statement brendan and patrick gave remained the same while colin miller gave numerous different statements to police.
THE BIRMINGHAM FRAMEWORK by fr denis faul & fr raymond murray 1976
although we've done nothing wrong the police are to blame they've slandered our families they've brought on us shame our wives are all weeping our homes are in ruin our mothers are crying our sisters the same they've spat on our children what a crying shame the things we've put up with the torture the pain and if they convict us and our prayers were in vain i'll still pray and forgive them in god's holy name WILLIAM POWER free the killie 2 and all innocent men and women in british prisons.
1:both brendan and patrick were willing to take the witness stand.
2:colin miller did not take the witness stand to give evidence against brendan and patrick. 3:they were never seen together in the small village of hurlford.
4:they were never in prison for the same crime.
5:mrs paton knew miller because he used her garden as a short cut (which brings you out at mrs irvine's house)
6: every statement brendan and patrick gave remained the same while colin miller gave numerous different statements to police.
THE BIRMINGHAM FRAMEWORK by fr denis faul & fr raymond murray 1976
although we've done nothing wrong the police are to blame they've slandered our families they've brought on us shame our wives are all weeping our homes are in ruin our mothers are crying our sisters the same they've spat on our children what a crying shame the things we've put up with the torture the pain and if they convict us and our prayers were in vain i'll still pray and forgive them in god's holy name WILLIAM POWER free the killie 2 and all innocent men and women in british prisons.
Monday, 28 May 2007
Crown Disclosure
Under the following i would like to highlight the cases from the following.
http://www.eveningtimes.co.uk/news/display.var.1392068.0.0.php#
http://business.scotsman.com/topics.cfm?tid=859&id=1893992006
Despite the above two articles saying documents should be released crown are still withholding evidence pertinent to the Appeal of Brendan and Pat.
SCCRC had to take action against Crown Office in the cases of Campbell And Steele for the release of crown documents. See the result at:
http://www.scotcourts.gov.uk/opinions/125_2000.html
And see the opinion of SCCRC at the following:
http://www.sccrc.org.uk/accesstocrownpapers.aspx
http://www.eveningtimes.co.uk/news/display.var.1392068.0.0.php#
http://business.scotsman.com/topics.cfm?tid=859&id=1893992006
Despite the above two articles saying documents should be released crown are still withholding evidence pertinent to the Appeal of Brendan and Pat.
SCCRC had to take action against Crown Office in the cases of Campbell And Steele for the release of crown documents. See the result at:
http://www.scotcourts.gov.uk/opinions/125_2000.html
And see the opinion of SCCRC at the following:
http://www.sccrc.org.uk/accesstocrownpapers.aspx
Where Is Justice
Brendan Dixon Serving Life in prison for Murdering Margaret Irvine along With Patrick Docherty who were not friends and did not hang about with each other, Yet they both stood trial and were convicted of murder and sentenced to 25 years.
At one stage the police enquiry were ready to DNA everyone in Galston yet this ceased when they arrested the two above, even though their DNA does not match the DNA found at the murder scene nor the Footprint found.
Brendans family knew he was Innocent as he was with them at the time the murder was supposed to have happened and were willing to give evidence to this effect but were not called to do so Why?
The following is posted on the Shirley McKie fastforums site. Injustices In Scotland
Posted: Tue May 22, 2007 4:25 pm Post subject:
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. FREE THE KILLIE 2 AND CATCH THE REAL KILLERS
Visit Injustice's In Scotland at the following.
http://shirleymckie.myfastforum.org/sutra34.php#34
At one stage the police enquiry were ready to DNA everyone in Galston yet this ceased when they arrested the two above, even though their DNA does not match the DNA found at the murder scene nor the Footprint found.
Brendans family knew he was Innocent as he was with them at the time the murder was supposed to have happened and were willing to give evidence to this effect but were not called to do so Why?
The following is posted on the Shirley McKie fastforums site. Injustices In Scotland
Posted: Tue May 22, 2007 4:25 pm Post subject:
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. FREE THE KILLIE 2 AND CATCH THE REAL KILLERS
Visit Injustice's In Scotland at the following.
http://shirleymckie.myfastforum.org/sutra34.php#34
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