On October 31st, 2003, Patrick Docherty and Brendan Dixon were charged with the murder of Mrs Margaret Irvine.
Brendan and Patrick did not hang around with each other, although they did know each other.
They spent from November 3rd 2003, until January 6th 2004 in prison on remand for this crime.
Colin Miller, the third accused man in this case had gone from being the chief witness to being a suspect.
Almost a year later, Colin Miller aged 31, was charged with murder and appeared at Kilmarnock Sheriff Court.
On January 6th, 2004, the crown decided, due to unforseen circumstances they no longer opposed bail for the men. All three defendants where all freed on bail from November 2003 until the trial in March 2005
The unforseen circumstances:
None of the DNA recovered from the scene by the Crown matched any of the suspects.
Neither did the footprint.
There was no physical evidence in this case. It was based on hearsay and circumstantial evidence
Police recovered DNA and footprints from the murder scene but they did 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 statements were extremely contradictory and at best totally uncorroborated.
On Tuesday March 1st 2005, At Kilmarnock High Court Brendan Dixon and Patrick Docherty were both found guilty of the murder of Margaret Irvine.
Colin Millar was found to be "Not Proven" (The 'not proven' verdict is an acquittal used when the judge or jury does not have enough evidence to convict but is not sufficiently convinced of the defendant's innocence to bring in a "not guilty" verdict. Essentially, the judge or jury is unconvinced that the suspect is innocent, but has insufficient evidence to the contrary.)
It is important that ALL the evidence is now heard, not just for the sake of Patrick and Brendan, but also for the sake of Mrs Margaret Irvine, who most certainly did not deserve to be killed.
On Friday 26th March 2010, an appeal against the conviction was refused at Edinburgh High Court.
We will put the evidence in this case on this site that will show that this case is not open and shut by any manner or means.
We believe that there has been a miscarriage of justice in this case and that the real killer/killers are still walking free.
The entire case was based on hearsay and circumstantial evidence.