Truth and Justice For Patrick Docherty

Judge Hardy stated: "Sometimes ladies and gentlemen there is NO direct evidence at all in a case and this is a case, which if it doesn't come into that category is pretty close to it"

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THIS ISN'T JUSTICE IT'S A CONSPIRACY

Posted by justiceforpat on September 14, 2014 at 6:35 PM Comments comments (0)

“THIS ISN'T JUSTICE IT'S A CONSPIRACY”

 

Those are the words I shouted to the judges after they had turned down my appeal.

 

For nine and a half years I have sat quietly and listened to how the crown lied and denied me a fair trial, and withholding statements that could have made a difference.

 

Then I have to listen the appeal court say they accept that things were withheld but it would not have made a difference to the trial.

 

So now not only do they condone what the crown did but in their so called wisdom they are now second guessing the jury.

 

Surely it's for a jury to decide in a retrial if it would have made a difference?

 

Anyway this is not the end of the fight. I’ll continue to fight to clear my name and get justice for myself and my family and also for Mrs Irvine.

 

As long as I remain wrongly convicted the real killer /killers are still at large.

 

Special thanks to my wife Liz who has stood by me, Karen &Frank Torley and also Wullie Beck for all their support on the day of my appeal and especially for all the campaigning they and my wife do in my behalf I'm truly grateful.

 

None of Mrs Irvine's family were at court on the 29th, maybe that was because of the things they heard concerning C Keers’ 11 statements . Now they know he heard someone being slapped 6 or 7 times

 

(HIS WORDS ) and yet still he did not go in and check on his auntie.

 

It's about time Keers started telling the truth like WHY HIS CCTV OUTSIDE THE HOUSE WASN’T ON THE SATURDAY NIGHT AND SUNDAY MORNING, WHEN BY HIS OWN ADMISSION IT WAS ALWAYS ON.

 

Why was he having talks with Colin Miller’s lawyer in a side room at the court? Why also was he also sitting with Colin Miller every time there was a break in court?

 

If someone murdered my auntie I certainly wouldn't be having hushed talks and whispers with him. Keer's has said all along that he saw 2 men in July when Mrs Irvine was burgled, then he never saw them again till the night before the murder, and he says that I looked like the smaller of the two men.

 

Well it's a now proven fact from appeal that he couldn't have seen me because at the time of first break in I was in Bow house prison.

 

C Keers as far as I'm concerned knows more than he's letting on, that's why he doesn't want the truth to come out.

 

He keeps saying the right people are in jail. If that was the case then why did he go to a certain organisation and offer them a large lump sum of money to stop them campaigning for myself and my co accused. He offered that money because he knows if I overturn my conviction then the crime will be opened up again.

 

He know's he can't afford that to happen because he will be looked at again, after all he was the original suspect before he started to tell his lie's about seeing me .

 

It was not until his 10th or 11th statement he says he saw me or someone like me, by then I was already on remand.

 

I will never stop fighting. I have been in nine and a half years now and I will keep fighting even if it takes another nine and a half years.

 

If I appealed my sentence I could have got it down to 17 or 18 years, but i refuse to do that because I AM INNOCENT

 

I won’t pretend otherwise just to get a reduction in sentence. I have my wife's backing on this.

 

The sentence is irrelevant wither it's 25 years or 25 days, i am not interested in the sentence it's only the wrongful conviction I am interested in and it's only the conviction I will continue to fight.

 

Well that's all to be going on with just now. I will be back next week with some more and every other week to be added to the web pages.

 

Once again a big thank you to my wife Elizabeth and also to Karen and Frank Torley and big Wullie for their continued support and their help in the fight to clear my name

 

Yours Truly

 

Patrick Docherty

Where was Pat that day?

Posted by justiceforpat on August 30, 2014 at 1:15 PM Comments comments (0)


 

On Friday 26th September 2003.

 

 

I was in my house at Knowehead Road, Hurlford till about 1.30pm.Then I left to go to Kilmarnock to visit my mum and Tam in Union Street Kilmarnock.I stayed there with them till 6.15. That's when I got the bus back to Hurlford. I met Alison my ex girlfriends daughter on the bus. We both arrived home about 6.45pm my ex girlfriend, her daughter Alison and myself went over to our friends house, who lived accross the road. We all stayed at the friends house until about 11pm. We then went back across the road to our house together.

 

 

On Sat 27th September 2003

 

 

I left the house at about 11.30 am with Alison to go cash her mum's giro at Hurlford Post Office. We arrived back at the house about 12 oclock. Alison, her mum and myself then left to get a bus to go to Kilmarnock. It was about 1 o'clock when we got the bus.When we arrived in Kilmarnock, Alison and her mum went shopping. I went to visit some friends.While I was there I recieved a text from Alison. Alisons mum was going to babysit a friends daughter. She collected her as she was going to have the wee girl for the weekend.I left my friends house and went to see my mum and Tam. I was with them till i got the bus at 6.15 back to Hurlford.I arrived in Hurlford at 6.40pm and made my way home. Alison, her mum and the two year old girl were in the house. At 7pm we all went across the road to visit our friend again.At about 10pm I left our friends to take the wee 2 year old back to our house as she was tired.Alison and her mum stayed at our friends house till abot 12pm then they came home.Alison, her mum and myself stayed up talking till about 1.30am then we all went to our beds.

 

 

Sunday 28th September 2003

 

 

I was wakened about 8am by someone at the door. I got up and answered the door. It was a friend of Alison and her mum's.She left about 10am to get a bus to Kilmarnock as she said she had her work at 11am. I went to get rolls and a paper from the shop at the end of the street.When I got back from the shop 10 minutes later, Alison was just coming down the stairs.Prior to this it was only me, Alisons mum and the wee girl who was up.Alison and her mum went across to give our friends son his birthday card and present from us all.I stayed in our house with the wee girl. I was in the house all day apart from the 10 mins in the morning when I went to the shop  ( It is about time that this lady SL who woke Pat up that morning came forward and spoke to lawyers. Her slence is helping to keep an innocent man in prison.) ADMIN ADDED

 

 

Monday 29th September 2003.

 

 

I got the bus into Kilmarnock about 9-10am.

This is my true account of my whereabouts that weekend.

 

 

Patrick Docherty

News Article

Posted by justiceforpat on May 4, 2014 at 3:05 PM Comments comments (0)

On 27 April 2014 the Sunday Mail Printed this article

http://www.dailyrecord.co.uk/news/scottish-news/man-who-murdered-91-year-old-widow-3465307

It has taken news media almost a year to pick up on the fact that the SCCRC has referred the case back to the court of appeal.

This in fact is not news since the referal was actually made on 8th August 2013.

The SCCRC did not make their grounds for referal public.  

 

"Last night, Margaret’s nephew, Charlie Keers, 58, who lived next door to her when she was killed in

Galston, Ayrshire, in 2003, said: “The men who murdered Margaret are behind bars – there’s been no miscarriage of justice.”

Mr Keers, People who have taken time to read the entire case and all the evidence from ALL the statements given beg to differ that there has  been a miscarriage of justice.

http://justiceforpat.wix.com/justice-for-pat/home-page

Thinking of Mrs Irvine and her family

Posted by justiceforpat on September 27, 2010 at 7:22 PM Comments comments (2)

Today 28th September is the anniversary of the tragic murder of Mrs Margaret Irvine.

Our thoughts are with the family at this time.

We hope that true justice will prevail for Mrs Irvine and her family.

Resemblance evidence

Posted by justiceforpat on May 19, 2010 at 6:35 AM Comments comments (8)

This was what Patrick Docherty was convicted on



Resemblance evidence — the Dictionary definition of identification evidence includes evidence that a defendant “resembles (visually, aurally or otherwise)…” a person who was, present or near where the offence was committed. Resemblance evidence usually consists of evidence that a person “looks like”, or in the case of aural resemblance “sounds like”, the defendant as opposed to evidence that a person is the defendant. If resemblance evidence is admitted and in dispute — for example, in support of a circumstantial case — then directions under ss 116 and 165(1)(b) must be given. The weight to be attributed to the evidence is a matter for the jury. Resemblance evidence that a person looks like the accused is, on its own, insufficient to sustain a conviction and, ordinarily, forms part of a circumstantial case: Pitkin v The Queen (1995) 69 ALJR 612 at 37–40; R v Cohen [2002] NSWCCA 339 at [17]–[20]. See Circumstantial Evidence at [2-500].



http://www.judcom.nsw.gov.au/publications/benchbks/criminal/identification_evidence-visual_forms.html

Note from Pat

Posted by justiceforpat on April 24, 2010 at 11:00 AM Comments comments (1)

Well that's that part of the appeal over with. But it is not the end of the road. There is still much to do and so I am working on that.


I am angry that no one in authority is yet listening but I refuse to let them beat me down.


As long as I breathe and there is breath in my lungs I will go on fighting to prove my innocence.


I want everything out in the open for all to see and I will try to get as much as possible to put on the website.


I am going through the appeal judgement and many other appeal judgements with a fine tooth comb.


I am hitting the law books and looking into how I can help my case. I refuse to sit back and do nothing.


The fight to clear my name will continue.


I will never give up!!




Decision in Docherty/Dixon Case

Posted by justiceforpat on March 23, 2010 at 1:10 PM Comments comments (0)

 

The decision on Pat and Brendan's appeal will come on Friday 26th March 2010 at Edinburgh High Court.


Please wish us luck. We really need it.


Let Justice be done!!



Send Pat and other Prisoners a card for Christmas

Posted by justiceforpat on December 4, 2009 at 4:21 PM Comments comments (0)

Christmas time is the most difficult for people in prison. It iseven more difficult when you have evidence of innocence like thesepeople below.

We can help brighten a prisoners day bysending a card to them to let them know that they are not forgotten bypeople on the outside world.  

Below is a small list ofprisoners whom I am sure would appreciate a bit of Christmas Cheer. Ifanyone has any other names and addresses to add please post them hereor send me a private message.


Mr William Gage

2319

C3/15

HMP Shotts

Lanarkshire

ML7 4LE


Mr Patrick Docherty

17841

Forth A32

HMP Addiwell

Station Road

Addiwell

West Lothian

EH55 8QA


Mr Nat Fraser

Cell 3/08

47143 C / Hall

HMPrison

Perth

PH2 8FT


Mr Brendan Dixon 14854

HMP Dumfries

Terreagles Street

Dumfries

DG29AX


Mr Luke Mitchell

HMPrison

Perth

PH2 8FT

 

 


Killers wait for appeal decision

Posted by justiceforpat on November 5, 2009 at 12:20 PM Comments comments (0)

Two men challenging their conviction for the murder of an elderly woman during a botched robbery will have to wait for a decision by appeal judges.


Patrick Docherty, 45,and 40-year-old Brendan Dixon were ordered to serve at least 25 yearsfor killing Margaret Irvine in Galston, Ayrshire, in 2003.


Both men allege they did not receive a fair trial.


Lady Paton said it was "a difficult and delicate case" and a ruling would be issued in writing at a later date.


The original trial heard that Docherty and Dixon broke into Mrs Irvine's home on Barward Road, switched off the electricity andstruggled 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.

She was found lying on her bed by her home-help hours after she was murdered on 28 September, 2003.

“ There has been a miscarriage of justice because that evidence was not placed before the jury ”

Gordon Jackson QC Both men lodged special defences of alibi and claimed they were elsewhere at the time of the murder.

But a jury at the High Court in Kilmarnock found them guilty of murder.

At the Court of Criminal Appeal in Edinburgh they claimed they did not get a fair trial because the jury did not get to hear about the sighting of a tattooed man in Mrs Irvine's garden on the Sunday she was murdered.

The man, Peter Fraser, had a history of violence and drug abuse.


'Circumstantial case'


Restaurant worker Sheena Orr who had been passing the house was not called as a witness at the original trial.

Docherty's legal team said that since then it had emerged that there isa 16-hour gap in the alibi offered by Mr Fraser when he was interviewedby police and eliminated from the murder hunt.

Gordon Jackson QC, for Docherty, said: "There has been a miscarriage of justice because that evidence was not placed before the jury."

Advocate depute Alex Prentice QC, for the Crown, saidthe two men had been convicted on the basis of "a classic circumstantial case."

He claimed police had disclosed to the men's defence lawyers everything they were obliged to hand over, and he said the sighting of the tattooed man "did not amount to new evidence of anymateriality".


Story from BBC NEWS:

http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/glasgow_and_west/8343205.stm


 

News Articles from the Appeal

Posted by justiceforpat on November 5, 2009 at 12:12 PM Comments comments (0)

Two men have launched an appeal against their convictions for murdering a 91-year-old woman during a botched robbery at her home in Ayrshire.


Patrick Docherty, 45, and 40-year-old Brendan Dixon were ordered to serve at least 25 years for killing Margaret Irvine in Galston, Ayrshire, in 2003.

Both men allege they did not receive a fair trial.


The hearing at the Court of Criminal Appeal in Edinburgh is expected to last three days.

The original trial heard that Docherty and Dixon broke into Mrs Irvine's home on Barward Road, switched off the electricity and struggled with the pensioner.


There has been a miscarriage of justice because that evidence was not placed before the jury Gordon Jackson QC


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.

She was found lying on her bed by her home-help hours after she wasmurdered on 28 September, 2003. Both men lodged special defences of alibi and claimed they were elsewhere at the time of the murder.

But a jury at the High Court in Kilmarnock found them guilty of murder.


Jailing the pair for life, Judge Lord Hardie said the "wickedly reckless and truly evil" crime was "beyond the comprehension of all decent people".


Docherty's defence QC Gordon Jackson told the Court of Criminal Appeal that the  trial four years ago might have had a different outcome if the jury had known about the sighting of a tattooed man in Mrs Irvine's garden on the day of the murder.

He said the man, Peter Fraser, had a history of violence and drug abuse.


'Tactical value'

Mr Jackson also said restaurant worker Sheena Orr, who had been passing the house, was not called as a witness at the trial.

Docherty's legal team said that since the trial it had emerged that there was a16-hour gap in the alibi offered by Mr Fraser when he was interviewed by police and eliminated from the murder hunt.

Mr Jackson told judges Lady Paton, sitting with Lords Mackay of Drumadoon and Carloway that police had not turned over all their material about the sighting to the defence.

"I would find that tactically of value in defending this man before a jury and I would have used it," said the lawyer.

"There has been a miscarriage of justice because that evidence was not placed before the jury."

Both men also claim that the prosecution's circumstantial case in which there was no DNA link and no confessions should not have led to guilty verdicts.

They also criticise remarks made by Lord Hardie when directing the jury on points of law.

 

 

 

Oct 9 2009 by Colin Rutherford, Kilmarnock Standard

THECourt of Appeal will next month consider the case of the two men convicted of the 2003 murder of Galston pensioner Margaret Irvine. A three-day appeal court hearing has been set for November 3, 4 and 5. BrendanDixon, 40, and Patrick Docherty, 45, claim that they were wrongly convicted at the High Court in Kilmarnock in March 2005. Dixon,of Kilmarnock, and Docherty, of Dalmellington, were jailed for a minimum of 25 years in March 2005 after a jury at the High Court in Kilmarnock found them guilty of murdering widow Margaret Irvine, 91, inher home in Barward Road. Their appeal alleges that the trial judge wrongly refused a submission that there was no case to answer and misdirected the jury on several points of law.


Mrs Irvine was found dead in her bedroom by her carer at 4.50pm on September 18, 2003. She had been gagged and had her hands tied behind her back with a belt. The cause of death was found to be asphyxia, caused by a duster which had been placed in her mouth. She was last seen alive by her carer at 7am the same day. During the trial a number of witnesses gave evidence about conversations with Docherty or Dixon, during which they had admitted taking part in the bungled robbery. According to the witnesses, neither confessed to the murder, but each was alleged to have blamed the other. 

 



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