Justice For Patrick Docherty.

Family Letters

2008-11-18T10:56:00.001-08:00

Click on to enlarge.

2008-11-18T10:56:00.000-08:00

Justice For Patrick Docherty Poster

2008-11-17T08:06:00.000-08:00

Proof that Patrick Docherty COULD NOT have been the person seen

2008-10-28T07:26:00.000-07:00

by Charles Keers on 3 or 4th July 2003.

Patrick Docherty was in prison on this date

He was released on this day. Which proves he could not have been the person who burgled Mrs Irvine's home on 4 July 03.

Letter From Patrick Docherty

2008-10-25T07:49:00.000-07:00

17841 D2-10,

HMP Shotts,

Cantmill Road,

Lanarkshire

ML7 4AS

October 2008

Dear Sir/Madam,

I am at present lying in Prison rotting away for a crime I did not commit.

I was charged alongside my co defendants Brendan Dixon and Colin Miller, with the murder of a 91 year old woman named Margaret Irvine.
Colin Miller walked free from court with a not proven verdict, despite him being the only one of us that people identified as being seen in the area.

I have been sentenced to life with a maximum tariff of 25 years which I received at Kilmarnock High Court, February 17, 2005. Brendan Dixon received the same sentence.
I was convicted on circumstantial evidence. I did not kill Mrs Irvine. I had nothing to do with this crime at all!
There was no physical evidence, forensics nor DNA linking me to the crime. Nothing at all links me to this crime because I was not there. I did not do it.
Although my appeal is still pending on this matter, I find myself not building my hopes up over this, because a crown prosecution service which can so easily prosecute me on nothing what-so-ever, isn’t going to be in too much of a hurry to admit their mistakes. Even though it has now come to my attention and the attention of the legal team that the crown with held evidence from us that could have so easily resulted in a different outcome at trial.
In person, I am constantly told I must do this and I must do that, though I refuse to do any programmes because I should not be here.
SPS policy goes by the courts decision and verdict, so in their eyes I must be guilty because I was found guilty.
I'm not the first person to claim innocence and I won't be the last, but in the meantime the SPS makes no allowance for us, courts say we're guilty so that’s it as far as SPS are concerned.
Rather than burying the fact that some of us could genuinely be innocent like we say we are, look at Campbell and Steele, Johnson and Allan, just some recent examples of being miscarriage of justice victims, can't the SPS be accepting that there is going to be people in prison wrongly convicted.?
Allowing people like me and others who claim to be innocent to undergo a polygraph test would go some way to showing SPS we are innocent and not just saying we are for the sake of it.
I've lost nearly four years of my life for something I did not do and it angers me when I read reports like Bill Aitken MSP calling for sex offenders to be put through lie detectors.
Lie detectors aren't admissible in court, but they do show if someone is lying or not. Rather than calling for sex offenders to be tested, why can't Mr Aitken support calls for lie detectors for people who claim they are wrongly convicted?
At least then people would see that I and others like me just could be totally innocent of our crimes, and so may end up supporting us in our fight for justice.
If it's a matter of cost then my family would pay for any costs to test me.

It took Campbell and Steele twenty years, and Johnson and Allan ten years to prove their innocence.
I guess I’ll have to be prepared for a long fight to clear my name.

I am hoping MPs and other people who are against injustice will be interested in me and my family’s fight for truth and justice. Not just for me and Brendan Dixon but also for Mrs Margaret Irvine too. Mrs Irvine deserves justice and she is not getting justice either, so long as the real killer/killers still walk free.

Kenny MacAskill, as justice secretary, Why can't you have some say on whether or not I can have a polygraph test?

I will prove my innocence in the courts, once all the evidence has been heard.

My case along with my co-defendants Brendan Dixon is being added to this site. Please take a look at the case and more will be added soon.
http://www.freewebs.com/justiceforthekillie2/

Yours Sincerely

Patrick Docherty.

What Happens To The Innocent?

2008-10-11T09:07:00.000-07:00

2008-09-02T05:58:00.000-07:00

On Friday 26th September 2003.

I was in my house at Knowehead Road, Hurlford till about 1.30pm.Then I left to go to Kilmarnock to visit my mum and Tam in Union Street Kilmarnock.I stayed there with them till 6.15. That's when I got the bus back to Hurlford. I met Alison my ex girlfriends daughter on the bus. We both arrived home about 6.45pm my ex girlfriend, her daughter Alison and myself went over to our friends house, who lived accross the road. We all stayed at the friends house until about 11pm. We then went back across the road to our house together.

On Saturday 27th September 2003.

I left the house at about 11.30 am with Alison to go cash her mum's giro at Hurlford Post Office. We arrived back at the house about 12 oclock. Alison, her mum and myself then left to get a bus to go to Kilmarnock. It was about 1 o'clock when we got the bus.When we arrived in Kilmarnock, Alison and her mum went shopping. I went to visit some friends.While I was there I recieved a text from Alison. Alisons mum was going to babysit a friends daughter. She collected her as she was going to have the wee girl for the weekend.I left my friends house and went to see my mum and Tam. I was with them till i got the bus at 6.15 back to Hurlford.I arrived in Hurlford at 6.40pm and made my way home. Alison, her mum and the two year old girl were in the house. At 7pm we all went across the road to visit our friend again.At about 10pm I left our friends to take the wee 2 year old back to our house as she was tired.Alison and her mum stayed at our friends house till abot 12pm then they came home.Alison, her mum and myself stayed up talking till about 1.30am then we all went to our beds.

Sunday 28th September 2003

I was wakened about 8am by someone at the door. I got up and answered the door. It was a friend of Alison and her mum's.She left about 10am to get a bus to Kilmarnock as she said she had her work at 11am. I went to get rolls and a paper from the shop at the end of the street.When I got back from the shop 10 minutes later, Alison was just coming down the stairs.Prior to this it was only me, Alisons mum and the wee girl who was up.Alison and her mum went across to give our friends son his birthday card and present from us all.I stayed in our house with the wee girl. I was in the house all day apart from the 10 mins in the morning when I went to the shop.

Monday 29th September 2003.

I got the bus into Kilmarnock about 9-10am.

This is my true account of my whereabouts that weekend.

Patrick Docherty

Observations

2008-09-02T05:56:00.000-07:00

Mrs Irvine was seen by a carer between 7am and 7.30am on the morning of her death. She was found dead at 4.50pm by another carer.Over EIGHT hours had passed from breakfast till Mrs Irvine was found dead. That is a long time to leave someone who is so elderly. Who was meant to be going into give her lunch and why didn’t they?Mrs Irvine had told her carer to leave the door unlocked to allow other persons to enter the house. Who else was Mrs Irvine expecting?A neighbour said she saw a man of around 5ft 10 to 5ft 11 in Mrs Irvine’s kitchen about 10am. She heard him shout, “are you there?”Who did she think it was? Because if this did not concern her then it must have been someone whom she thought should be there?

Proven Facts.

2008-09-02T05:14:00.000-07:00

If Lie Detector Tests Were Allowed To Be Used As Evidence; Like They Are In Some Countries, Patrick Docherty Would Pass It, 100 %, And Would Not Be Lying In A Prison Doing A Life Sentence For A Crime He Did Not Commit.

The Case Was Based On Hearsay From Third Parties.

There Was DNA Found that was not linked to Brendan Or Patrick.

There Was A Footprint found that couldn't be linked to Patrick or Brendan

Crown Witness No.7 Testified In Court Under Oath, That On 27th September 2003 He Noticed Two Men Walking Up And Down The Street Past His Home, Which Was Attached To The Home Of His Aunt.

They Always Apperaed Together, But Gave The Impression That They Were Not Together. They Did Not Appear To Speak To Each Other. He Was Suspicious Of Them On 27th September 2003, Because It Was A Hot Day And One Of Them Was Wearing A Baseball Cap, With A Hood Over It.

He Was Unsure Of The Identification, But He Thought The Accused Docherty, Was The Smaller Of The Two, And The One Wearing The Baseball Cap And The Hooded Garment.

Pressed Further On Identification, He Finally Concedes; Maybe It Was Him, Maybe It Wasn't.

When Asked Under Oath If He Had Ever Seen These Two Men Before, He Said He Had Only Ever Saw These Two Men On A Previous Occasion, Two Months Before Hand, At The Beginning Of July, 2003, When He Saw Them Walking Up And Down The Street.

His Aunts House Was Broken Into On Or About 4th July.

After The House Was Broken Into Around The Beginning Of July, Witness No.7 Said The Two Men Dissappeared Out Of Sight For A While, And He Never Saw Them Again Until They Appeared Walking Up And Down The Street Again On September 27th 2003.

Who Ever Broke Into The House On The First Occassion Has Never Been Caught, But If The Two Men Seen On September 27th 2003 Are The Same Two Men Witness No.7 Saw In July 2003, Then Without A Doubt, And With 1OO % Accurecy, Patrick Docherty Was Not One Of Those Two Men, As At The Time The House Was Broken Into, July 4th 2003, Patrick Docherty Was In Bowhouse Prison Doing A 30 Month And A 5 Month Sentence. He Went Into Bowhouse Prison On February 14th 2002, And Did Not Get Released Until August 1st 2003, Some 17.5 Months Later.

So Being In Prison And Having An Air-Tight Alibi For The First Break-In On July 4th 2003, It Would Be Physically Impossible For Him To Have Been One Of The Two Men Seen Walking Up And Down The Street In July.

The Trial:

On Tuesday March 1st 2005, At Kilmarnock High Court Brendan Dixon And Patrick Docherty Were Both Found Guilty Of The Murder Of Margaret Irvine.

Both Men Were Given Life Sentences For A Crime That They Did Not Commit.

Colin Miller [The Third Accused Was Found Not Proven].

There Was No Evidence In The Case.

The Case Was Based On Hearsay And Circumstancial Evidence.

The Police Recovered DNA And Footprints From The Murder Scene That Do Not Belong To Any Of The Accused.

A Number Of Key Witnesses, Who Are No Strangers To Police Had Themselves Been Questioned About The Murder, And Many Of These Witnesses Had Been Brought From Police Custody To Give Evidence.

Several Of These Witnesses Against Patrick Were Proven in Court To Have Lied While Giving Evidence.

Patrick Docherty Put Joined Minutes Out In Court To Prove Lies Were Being Told Against Him.

One Joined Minute Was Brought Out For All Three Accused Proving There Was No Forensic Evidence Found Against Them. (DNA)

Every Statement Patrick Gave Remained The Same Through-Out, Even The PF At Trial, When Giving Final Judgement To The Jury, Said: "All Due Respect To Mr Docherty. His Statement Has Stayed The Same Through-Out."

The Murder:

On Sunday September 28th 2003, 91 Year Old Galston Woman Margaret Irvine Was Murdered.

She Was Found By Her Carer At 4.50 PM. She Had Been Gagged And Had Hands Tied Behind Her Back With A Belt.

The Cause Of Death Was Asphyixia, Due To Her Choking On The Duster That Had Been Placed In Her Mouth..

Mrs Irvine Was Last Seen Alive At 7.OO AM By The Carer Who Came In To Make Her Breakfast.

She Instructed The Carer To Leave The Door Unlocked To Enable Others To Gain Entry. Mrs Irvine Was Described As Been Mentally Alert Although She Was Housebound.

On October 31st 2003, Brendan Dixon And Patrick Docherty Were Both Charged With The Murder Of Margaret Irvine.

Colin Miller Was Charged Almost A Year Later.

The Original Suspect However Was Colin Miller, Who Met Brendan Dixon In Kilmarnock HMP, (Colin Miller Was In For A Week For Non-Payment Of Fines And Brendan Dixon Was In For Smashing His Ex-Girlfriends Windows);Colin Miller Was Attacked By Cons Whilst In Prison For His Part In The Murder.

Brendan Dixon Tries To Reassure Him By Telling Him The Police Were Also Putting Him And Patrick Docherty Forward As Suspects And Many Other Known Criminals, As Soon As He Got Released From Prison .

COLIN MILLLER went to the police and made a 3rd statement, Only this time he says he saw BRENDAN DIXON and PATRICK DOCHERTY in Catherine Drive, which he changes in a 4th statement to seeing them outside Mrs Irvines house.

COLIN MILLER then becomes the cheif witness, that is, until almost a year later when the PF realises that COLIN MILLER couldn't have seen anyone from where he states, and eventually after ten months is charged with Mrs Irvines 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 Witness That Claimed To Have Seen Brendan And Patrick Near The Scene On The Morning Of The Murder.

It Was Proven In Court That Colin Miller Could Not Have Seen Brendan Or Patrick From The Location That He Claimed To Have Been At.

Colin MIiller Was The Only Person Spotted Near The Scene That Morning.

A Neighbour Of Mrs Irvine, Stated In Court That She Was Up Early That Sunday Morning.

She Looked Of Her Window And Seen Collin Miller Three Times, At 6.00 AM , 6.40 AM, And Again At 7.00 AM.

However 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.

Later That Morning Collin Miller Was At Another Friends House.

After Recieving A Text Message, Around 10 AM Collin Miller Went Outside To Make A Phone Call.

Shortly After He Returned To The House, He Was In A Rage And Hit His Friend On The Head And Face With A Hammer.

Another Neighbour Of Mrs Irvine Stated In Court, "At Around 10AM She Heard A Male Voice Shouting Are You There?"

She Looked Out Her Window And Seen A Male From The Back Standing In The Kitchen Of The Murder Scene.

She Also Stated That She Noticed A Male Stranger Passing By. Brendan And Patrick Had Seperate Alibi's To State That They Were Nowhere Near The Galston Area On The Morning Of Sunday 28th September 2003, When Mrs Irvine Was Murdered.

No Justice Has Been Done For Margaret Irvine Or Her Family.

Galston Is A Small Community; And The Murderer Or Murderers Of Margaret Irvine Must Be Known To Someone In The Area.

All Ptarick Docherty Wants Is Justice For Magaret Irvine And Her Family, And The Real Killer Or Killers To Be Found.

Miscarrige Of Justice Organisation (MOJO) Have Been Working On The Case For The Past Four Years And Know That Patrick Docherty And Brendan Dixon Are Innocent.

Anyone With Any Information Should Contact MOJO On:

http://www.mojoscotland@mac.com/

Also, Please Visit Brendan's Website On:

www.justiceforbrendandixon.blogspot.com

I'd Also Like To Say Thank-You To John McManus, Paddy Hill And Cathy Malloy For All Their Help, Support And Hard Work In This Case, And For Believing In Patrick And Brendan's Innocence.

Also, Thanks To Kevin For Starting Up The Campaign Of FreeTheKillie2 And For Highlighting The Case.