Oct 31 2008
CONVICTED murderer Brendan Dixon has lost his latest court appeal.
Dixon, serving a life sentence for the killing of Galston pensioner Margaret Irvine, had taken his case to the judicial committee of the Privy Council – the highest court in the UK – in a bid to force the prosecuting authorities to release all witness statements relating to the 2003 murder of 91-year-old Mrs Irvine.
But the committee rejected the appeal, with Lord Hope of Craighead ruling that “a reasonable possibility of unfairness has not been demonstrated”.
His four colleagues agreed.
Dixon’s brother-in-law Kevin Donald – a leading campaigner for his release – said this week that a full appeal against the conviction was likely next year.
“Everything looks good for the appeal and new points of appeal will be added in due in due course,” he said.
Dixon’s 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.
Dixon, 39, of Kilmarnock, and 44-year-old Patrick 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 in her home in Barward Road.
A murder charge against a third man – Colin Miller, 35, from Galston – was found not proven.
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 at 7am the same day by the carer who came to her home to make her breakfast.
During the trial a number of witnesses – some themselves no strangers to the police – 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.
http://www.kilmarnockstandard.co.uk/ayrshire-news/news-east-ayrshire/2008/10/31/convicted-galston-murderer-s-appeal-rejected-81430-22139397/
