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"

Witnesses

 

The police recovered DNA and footprints from the murder scene that did not belong to ANY of the accused.

 

Colin Miller.

 

The original suspect was Colin Miller. Who had met Brendan Dixon in Kilmarnock HMP, (Colin Miller was in prison for a week for Non-Payment of Fines and Brendan Dixon was in for smashing his ex-girlfriends windows.

 

Colin Miller was attacked by other prisoners whilst in prison for his part in the murder. Brendan Dixon tried to reassure him by telling him that the police where also putting him and Patrick Docherty forward as suspects and many other known criminals. As soon as he got released from prison, Colin Miller went to the police and made a 3rd statement, Only this time he said he saw BRENDAN DIXON and PATRICK DOCHERTY in Catherine Drive, which he changes in a 4th statement to seeing them outside Mrs Irvines house.

 

Miller then became the chief witness, that is, until almost a year later when the Procurator Fiscal realised that Colin Miller couldn't have seen anyone from where he stated he did.  Eventually after ten months he is charged with Mrs Irvine’s murder but only after being the only witness to see BRENDAN DIXON and PATRICK DOCHERTY at the scene of crime

 

Colin Miller was the only person to say he saw Brendan Dixon and Patrick Docherty at the scene of the crime that morning.

 

It was proven in court that Colin Miller could not have seen the men from the location he claimed to have been at.

 

Colin Miller was the only person spotted near the scene that morning.

 

Mrs P a neighbour of Mrs Irvine, stated in court that she was up early that Sunday morning. She looked out of her window and saw Colin Miller three times.  The Times were :6.00 AM , 6.40 AM, and again at 7.00 AM

 

Witnesses for Colin Miller stated in Court that He spent the Saturday night at their house. They stated that he did not leave their house until 7.50 AM on the morning of the murder.

On the morning of the murder, Collin Miller was at another house, laying flooring. While he was there, at around 10am he recieved a text message. Miller went outside to make a phone call. He was in a rage about something and shortly after he returned to the house, he hit his friend on the head and face with a hammer.


MRS Mc

 

Mrs Mc said that she saw a male about 5ft 10 to 5ft 11 from the back through Mrs Irvine’s kitchen window at 10 am that Sunday morning. (Pat Docherty is approx 5 foot 7)

She heard a male shout, “Are you there?”

She did not pay much attention as she had a joiner in her house doing work for her that morning.

She also stated that she saw male stranger passing by.

Brendan and Patrick had separate alibis to state that they where nowhere neat the Galston area on the morning of Sunday 28th September 2003, when Mrs Irvine was murdered.

Galston is a small community and the killer/killers of Margaret Irvine MUST be known to someone in the area.

 

MR K (Mrs Irvine's nephew)

 

Mr K was also her next door neighbour.

During his testimony at court, Mr K stated that he was wakened at around 8am on the morning of 28th September 2003.

He was wakened he explained by a commotion coming from next door, his aunts house. He said he heard someone running up and downstairs. He said he knew it could not be his aunt because she was 91 years old and needed a zimmer frame to get around. Then he said he thought he was just dreaming and did not see anything that was happening because he looked at his dog and the dog was sleeping. So he went back to sleep.

Under cross examination by Donald Findlay QC, Mr K was asked, “Is it not true that you where the main suspect for about five weeks?

Also asked was, “Is it not a fact that you where told in a public house by a drunk person whom you did not know, on September 29th 2003, the very next morning that your aunt was tied up and strangled?”

At that point in time no details of how Mrs Irvine had died had been released.

Mr K also admitted under oath that the same drunk person also told him exactly how his aunt died and told him that the Serious Crime Squad were going to pay him a visit on the 30th September.

The Serious Crime Squad did indeed interview Mr K on this date to discuss the large sum of money recovered from Mrs Irvine’s wardrobe.

Six weeks prior to her death, Mrs Irvine had been burgled before and £1000 plus her jewellery had been stolen.

Mr K said in court he saw two men at the time of the first robbery and claimed he had seen the same two men in the area on Saturday 27th September. This was day before Mrs Irvine’s murder.

He was suspicious he said because it was a hot day and one of them was wearing a baseball hat with a hood over it.

He was unsure of his identification but he thought the co accused Docherty was the smaller of the two men and the person who was wearing the cap and hood.

MRS P

 

Giving evidence, Mrs P said she spotted the third accused, Colin James Miller, three times on Sunday 28 September 2003, the morning of the murder.

She first seen him at 6 am, then again at 6.40am and then at 7.00am around the scene of the crime. She knew Miller because he used her garden as a short cut.

 

GR

G R told the court that he and Colin Miller were friends.

On Sunday, 28th September 2003, they were laying flooring for a lady.

At 10am Mr Miller received a text message. He went outside to make a call and came back ten minutes later in a rage. So much so that he hit his friend twice on the face and head with a claw hammer. When Mr Miller saw the blood he freaked out.