Sunday, 5 July 2009

Justice 4 Brendan Dixon Innocent Irishman serving 25 years for a crime the evidence says he did not do.

In response to my letters of complaint, Clearly this response shows that our Justice Department clearly Are Not Interested.Dear Mr DonaldThank 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 http://www.bebo.com/Link.jsp?Url=http://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.bebo.com/Link.jsp?Url=http%3A%2F%2Fwww.scottish.police.uk%2Fmainframe.htmAlternatively, 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.bebo.com/Link.jsp?Url=http%3A%2F%2Fwww.crownoffice.gov.uk%2FAbout%2FDepartmental-Overview%2FArea-Procurator-Fiscal%2FAPFIndexI hope this reply is helpful.Yours sincerelyELEANOR McLEANCriminal Justice Directorate Criminal Law & Licensing Division, GW.15 St Andrews House Regent Road Edinburgh EH1 3DG Tel: 0131-244 2216 ------------------------------------------------------------------------------------------------------------------
Brendan was refused at a hearing of the privy council his legal teams wishes to have full disclosure of the case, but will be back at court soon to amend his points of appeal, to bring in the new evidence that has been found on the case..Court opinion Dec21st 07..That started his plea for Disclosure..http://www.bebo.com/Link.jsp?Url=http%3A%2F%2Fwww.scotcourts.gov.uk%2Fopinions%2F2007HCJAC75.htmlHis recent opinion can be found on the profile page, Thanks.

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 duoMar 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 launchedMrs 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 community DCI 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-in Mr 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. -----------------------------------------------------------------------------------------------------------------Murdered 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 hanging around down Mrs Irvine's end of the street.''This concern was shared by Chris Wilson, whose parents have lived near Mrs Irvine for more than 20 years: ''There have always been problems here but the council have now moved a lot of drug addicts into Catherine Drive. It's getting really rough.''Some residents claim that council housing policy has increased a significant number of people who they believe are responsible for many of Galston's problems.However, Isobel Macrae, a resident and local councillor, warned villagers not to discriminate. ''I do realise people are concerned, but you cannot create sections within the community which would become ghettoes.''But she added: ''This has certainly put a lot of fear into residents, especially the elderly who are most at risk. They do get frightened alone in their own home town. They should make sure they will be secure and not be afraid to approach myself, the council or the police.'' --------------------------------------------------------------------------------- EVENING TIMES STORY- SCOTLAND was outraged at the murder of frail great-grandmother Margaret Irvine a month ago.She was tied up and beaten to death in her home in Galston, Ayrshire - and her killer is still on the loose.................................. ....................................... ...................................SHEILA HAMILTON visited Galston to find villagers gripped by fear, and impatient for the killer to be caught.THE horrific murder of 91-year-old Margaret Irvine sent shockwaves far beyond her village of Galston in the Irvine Valley.And it has struck deep into the heart of the close-knit former mining and weaving village.There's anger, fear and disbelief that such a thing could happen to a frail, defenceless old woman living in their midst.The villagers of Galston all say the same thing - ''It could have been your granny or mine.''They are alarmed that nearly a month after Mrs Irvine was beaten to death in her sitting room, her brutal killer has not been caught.The residents of this handsome little village want the murder solved - but they fear the hunt for the killer has come to a standstill.They are becoming increasingly cynical as the investigation drags on and the police seem to have no leads.Detectives have sought the help of a TV Cracker-style psychologist, and they have not ruled out DNA testing the whole village.One village shopkeeper, who didn't want to be named, said rumours were flying thick and fast, with everyone saying the police didn't have a clue.And pointing to a copy of the newly-released police poster appealing for help, a passer-by suggested it smacked of desperation.As she stuck a poster up in the window of her hairdressing shop in the town's Cross Street, owner Lindsay Christie, 42, was inclined to agree.She said: ''We have only just got these posters - more than three weeks after the murder. It seems as if they are locking the stable door after the horse has bolted. ''If they had done more about it the first time Mrs Irvine had her house broken into, they might have prevented this.''Mrs Christie admitted a lot of her elderly clients didn't feel quite as safe as they had.''My own mum is 75 and lives in Galston and, like everyone else, she doesn't have the same confidence to answer her door,'' she said.Ironically, they have probably never been safer, as there's a heavy police presence in the village.You can't miss the murder scene in Barward Road. Floral tributes on the pavement are regularly renewed and a police incident van is parked outside.Round every corner, it seems you come on a police van or a foot patrol.''We have suddenly acquired a police presence,'' Mrs Christie said. ''Before, you were lucky to see a policeman if a window was smashed in.''And before this, there were only two police officers for the whole of the valley.''Mrs Irvine's nephew, Charles Keers, who lives next door to her home, said he had been advised by the police not to comment.And other close neighbours were equally guarded, perhaps intimidated by a police van nearby.All said they were more wary, more careful, and now locked their doors when they popped out.Most of the houses are well kept and the residents are good people, but locals speak of an influx of drug users into the area.As she made her way back from the shops to the murder scene, a building scarred with graffiti, 26-year-old mum Joanne Zaisluk said: ''In the past year, it has been crummier around here.''When I come home late in the evening from work, I don't feel happy just walking up the path from the car.''It's hard to think someone could do such a thing to an old woman, and to know it happened just round the corner is so shocking.''It makes you more aware. You think you know people - now you look at everyone differently.''Before, when I was going to the shop, I would just shut the door behind me. Now I make sure it's locked.''This year, she won't be taking her seven-year-old daughter Nichole round the houses guising at Hallowe'en.''I would be quite scared to do that and we're just going to have a party at home,'' she said.MRS Margaret Connell, 50, a near neighbour of Mrs Irvine, said: ''The person who has done this is just an animal.''Even hardened criminals wouldn't do this.''She suggested that one of the biggest problems was that the murder happened on a Sunday when most people were indoors.''Every other day of the week, people would have been out and about,'' she said.Mrs Fiona Marshall, 39, who also lives nearby, said she was inclined to think from the number of police in the area they considered the killer was definitely a local person.She said: ''Everyone is totally disgusted. We feel it must have been someone who knew her house wasn't secured during the day and that's the most worrying thing.''Councillor Isabel Macrae, a near neighbour, said: ''She was one of my constituents and a friend.''The community has gone through initial shock and fear to a feeling of empathy for the family.''Later, she issued a statement praising the local police for their understanding and thorough approach.She also promised that East Ayrshire Council had taken on board the community's fears and concerns and was confident the murderer would be caught.Families all over the village are much more fearful and concerned for their elderly relatives.Mrs Jean Crombie, 78, has lived in Galston all her life and is grateful she stays in sheltered accommodation with an alarm and buzzer.Her family have impressed on her that she must not open her door at night and must always use the buzzer.''It is terrible it has had to come to this,'' said Mrs Crombie. ''You couldn't imagine this happening in such a quiet area. It makes you feel insecure, even in your own house.''Mrs Irene Paterson, 63, said: ''I just wish they would hurry up and catch someone. Why were the posters so long in going up? Someone is hiding the murderer.''Another neighbour said: ''Everyone's so angry and just hoping someone is caught soon. But as time goes by, you begin to wonder if they ever will be.''

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