Murder appeal: New bid to see witness papers

Aug 16 2007

CAMPAIGNERS for the release of two men jailed for the murder of a 91-year-old Galston woman this week issued a fresh appeal for witnesses.

The call comes just a week before one of the men is due to launch a legal challenge for the release of prosecution witness statements.

Patrick Docherty, 43, of Dalmellington, and Brendan Dixon, 38, of Kilmarnock, were jailed for a minimum of 25 years in March 2005 after a jury at the High Court in Kilmarnock found them guilty of killing widow Margaret Irvine in her home in Barward Road. A murder charge against a third man — Colin Miller, 34, from Galston — was found not proven.

Next week, Dixon’s solicitor will apply to the High Court in Edinburgh for the release of statements and other documentation in a bid to gather evidence for his appeal.

These are understood to include statements made by a woman who claimed to have seen two men outside the dead woman’s house on the day her body was found. She was unable to identify either of the men.

The restaurant worker was not called to give evidence at the murder trial, despite police apparently telling her that what she saw “could have great significance to the murder”.

She is believed to have provided a statement saying that she saw the men as she left her mother’s house nearby and to have given a detailed description of clothes one of them was wearing.

Supporters of the appeal have described her as “pivotal” and a “credible witness”.

Her evidence should have been available during the trial, they say.

Dixon’s solicitor Aamet Anwar said that he was requesting full disclosure by the prosecution because investigations had revealed that there were matters which should have been brought before the trial jury which were not.

One of the main campaigners for the release of the two men — Dixon’s brother-in-law Kevin Donald — said this week that his confidence in the success of the appeal was growing.

“Things are moving in the right direction,” he said.

And he called on anyone in Galston who might have information about the murder to come forward.

“There could be more people out there who know something which could help,” he said.

And he thanked those who had already provided information.

“We are very grateful to them,” he said.

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 with a belt. The cause of death was found to be asphyxia, caused by a duster which had ben placed in her mouth.

Mrs Irvine 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.