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
Friday, 13 July 2007
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.
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