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"

Sentenced

 

                                      

The verdict in the case of course was guilty and the sentence was 25 years. This 25 years said Judge Hardy would have to be served before parole could be applied for.

The Judge stated that both men has shown a lack of remorse by not pleading guilty. 

To show remorse you have to be gulity of a crime. They did not plead guilty because they were in fact innocent men.

In fact Judge Hardy himself stated that this was one of the most circumstantial cases he had ever seen.

However, Docherty was later sentenced to an additional year in prison after making a remark to the jurors.

As he was being led away he said: "I hope you can sleep at night".

Lord Hardie said the remark distressed more than one of the jurors and found Docherty guilty of contempt of court.

"It is time that people realised that it is not for them to call into question or to comment to jurors after a verdict," he said.

Donald Findlay QC said, "Mr Docherty accepts that he uttered the words, "I hope you can sleep at night"   it is of course practice and convention as well as an unwritten rule that the accused does not say anything from the dock. 

It is however, clear, My Lord, that this was not anything in the nature of a threat, which would merit at least a potentially serious view of the court.

The very end of a trial, particularly a trial of this seriousness, is an emotional matter for everyone concerned, jurors, the accused and their respective families. My Lord, if everyone who uttered a sound when a sentence is brought back or passed was to be held in contempt it would be to introduce an artificiality in proceedings because it is inevitable that where proceedings are held in public there is going to be some reaction.

Expressions of disappointment or even of approval at a verdict no matter how inappropriate  they may be in the strict sense have, as long as I known it, within bounds been recognised as being likely and tolerated to a certain amount by the court.

My Lord in his remarks as part of his sentencing process commented that there was no remorse shown by Patrick Docherty .That is of course, is a view that Your Lordship is entitled to take and clearly did take, but My Lord will also recognise the defence's position  and indeed the man's position, because it has been Mr Docherty's position throughout all of this that he was not involved in this crime, he has maintained his innocence and therefore of course he is not in a position express remorse.

Any remorse in those circumstances would be hypocrisy to the point of being an obscenity and that is still his position and what he indicated to me when I went down the stairs, his opening line to me was, "You are going to be angry with me ".

I indicated that it was not for me to be angry and he simply indicated to me was that really, he said this because he was, and I put it too gently when I say he was disappointed by the outcome, but it was the reaction of a man, who has right or wrong, maintained by me and those instructing me that he was not involved in the commission of this crime. So however inappropriate it may be for an accused to say anything which might be distressing, particularly to a jury, to have gone through this stressful process of reaching a verdict and delivering a verdict and indeed having to sit and listen to the Judge delivering sentences in respect of their verdict.

My Lord, at the same time on the basis that a man does maintain that he was not involved in a crime, then to be convicted of a murder and to receive a sentence, with all due respect, of the highest reaches that could be imposed by the way of punishment.

Patrick was sentenced to a further 1 year in prison for making the comment “I hope you can sleep at night”