Convicted murderers’ appeal plea decision due

Oct 9 2009 by Colin Rutherford, Kilmarnock Standard

THE Court 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.

Brendan Dixon, 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, in her 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.