An affront to open justice

Last Friday I reported on an appeal judgment handed down in the Leeds Registry of the High Court of Justice (read more here). It was a civil claim in which the Chief Constable of West Yorkshire Police and his legal team were defeated by a Bradford GP and medico-legal practitioner, Dr Abdul Rashid.

It was an expensive loss, in terms of reputation of the police, public confidence in them, as well as the consequential costs and, as yet unquantified, damages. Four chief officers, Norman Bettison, Mark Gilmore, Dionne Collins and John Robins have overseen this debacle from its genesis in October, 2011 and an unlawful dawn arrest five months later, involving no less than sixteen officers. The former two chiefs would have known very little about the case. Both left the force under dark clouds. The latter two deeply involved because of the huge sums of money at stake, potentially topping £5 million. Dee Collins, as she likes to be known, authorised a ‘Part 36’ offer of just £10,000 plus costs to settle the claim.

Robins has been on the scene throughout as divisional commander of the arresting officer and his cohort; temporary deputy, deputy and then chief constable. He has a great deal to answer for:

Criminal offences have been committed by officers, on the clearest of evidence (read more here), and the level of misconduct and gross misconduct by a number of other officers in the force, not least to perpetuate a grotesque ‘cover-up’ has been simply breathtaking. Pursuit of satellite interests, instinctive lying, data breaches, police computer misuse, concealing or destroying documents, suppressing witness evidence, grotesque smearing of a hard-working professional man and the pursuit of a zealous, persistent, long-running vendetta by the police, designed not only to ruin him but, principally, to defeat the civil claim.

Selective memory, of course, comes as standard with WYP in court proceedings and their main witness answered no less than 13 times in terms of ‘I don’t remember’ or ‘I don’t recall’ when questioned by defence counsel about key events or missing documents. The same officer, Sergeant Mark Taylor (as he was then) was present at the arrest and has been involved continuously in the case as exhibits and disclosure officer ever since. He should know the case backwards and have logged and preserved every single piece of evidence. That was his principal duty. Some of the key documents he couldn’t produce were his own notebooks and emails. Taylor is still a serving inspector in Bradford CID.

With, it must be said, the aid of a judge whose verdict has now been quite properly overturned, but not quite in the terms it should have been (read more here), the police very nearly got away with it. Rounding off a bad week for Mr Recorder Nolan QC as he was at the centre of a complaint outcome upon which I exclusively reported here. The complaint was not upheld, but is presently the subject of appeal to the Judicial Conduct Investigation Office.

The standing of the legal team deployed by the chief constable, in this most unpleasant of debacles, is also diminished and their own conduct, it can be argued, might well be the subject of a regulatory investigation, at the very least, in order to maintain public confidence in the civil justice system. Litigation is not for snowflakes, but what has been allowed to pass here as professional conduct is seriously troubling.

The instructing solicitor, Alison Walker, Deputy Head of Legal Services for West Yorkshire Police, is said to be already under investigation over other civil proceedings, but neither her own force or the force to whom, I am told, the matter has been referred (Cleveland) will confirm or deny. Mrs Walker will, doubtless, deny any allegations of impropriety in that particular case, and no imputation, beyond the fact that an investigation may be taking place, is made, but she has a much greater difficulty in the Rashid claim as I (and others) have witnessed it, recorded it in my notebook, reported upon it assiduously and have the complete trial transcript (running to 1166 pages) and trial bundle (electronic version of 12 lever arch volumes) to back up those scribblings. Not one word of which has been challenged by the police, or anyone else.

It is also not clear whether it was on instructions from her client, or of her own motion, but Olivia Checa-Dover of counsel sought to have me removed from the substantive hearing of the claim brought by Dr Rashid on the beginning of the fourth day (of ten). At a hearing in the same court building seven weeks later, she objected to my presence in the press box during another civil claim against West Yorkshire Police brought by a former officer, Kerry Perkins (read more here). The latter case cost the taxpayer over £80,000 in costs shortfall; the Rashid case could well cost the same taxpayers over £1 million in costs and damages. That is on Olivia’s opinion and advice. Seemingly, she, and the police, would much rather these matters, of huge public interest, were not reported and the foundation principle of open justice defeated. Not to mention the routine WYP disclosure failings, questionable witness box testimony, and the ‘cover-ups’ referred to earlier in this piece.

That, from my position in the press seats, diminishes her standing as both counsel and an officer of the court – and those instructing her, including other police forces such as Durham Constabulary (read more here) and Staffordshire Police to name but two, might, in future, consider anxiously whether she is an appropriate guardian of public funds. Or able to contain her innate bullishness.

Nothwithstanding those criticisms, I am an admirer of Miss Checa-Dover’s undoubted talent as a courtroom advocate, her ability to charm the bench and enviable case preparation skills.

As a footnote I would add that, having been adjacent to the Perkins case for over two years, from its very first public hearing in Wakefield County Court, if Kerry had not been worn down mentally, physically and financially by her former employers during the legal process, and forced to withdraw her own appeal to the High Court, she would also have ultimately succeeded in her data protection, privacy claim. A view shared by her legal team, including Sarah Hemingway of counsel, which would have been bolstered by the addition of the formidable Stephen Cragg QC to the legal team at appeal. That would have added around £175,000 to the West Yorkshire taxpayer bill, by way of costs and damages.

The spectacular oversight failings in this case of such as West Yorkshire’s hapless, hopeless Police and Crime Commissioner, Mark Burns-Williamson and his slippery chief executive and string-puller, Fraser Sampson, will be the subject of a separate article. The Independent Office for Police Conduct and Crown Prosecution Service also feature strongly in the facilitation of this grotesque debacle.

The IOPC, in particular, can expect to be put to the sword. They concealed a former WYP detective constable, Mark Lunn, in their Wakefield office for over three years and refuse to confirm that a full review of every case to which he was a party. He just happened to be the arresting officer of Dr Rashid. Even the most basic of checks by the police watchdog would have raised sufficient concerns for him not to be employed in an organisation where flawless integrity should be an absolute necessity.

Lunn is described by a former senior IOPC colleague as “lazy and corrupt, spending more time pursuing his own business interests (selling free range eggs) than his job here”. Given what is written extensively, elsewhere on this website (read here), about the wayward and dishonest Lunn, that observation has the necessary ring of truth.

Page last updated: Monday 28th September, 2020 at 1535 hours

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‘That particularly dubious constabulary merits careful investigation’

No-one, over the past six years, has come close to writing more words challenging the conduct of North Yorkshire Police than the author of this piece. On this website alone there are 32 articles, on social media there are thousands of posts. I have taken them, and their disgraced Police and Crime Commissioner, both to county court and information rights tribunal and defeated them at each venue.

A highly attritional relationship

The relationship between investigative journalist and a police force that utterly resents any form of scrutiny is, at all times, highly attritional.  It is in no way an exaggeration to say that I played a not inconsiderable role in the professional demise of NYP’s previous chief constable, the hugely over-rated Dave Jones and the soon to depart, disgraced, and deeply unpleasant PCC, Julia Mulligan.

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The latter is benefiting from an ill-deserved reprieve, as a result of police and crime commissioner elections being deferred, by a full year, whilst the country deals with the Corona virus epidemic. She was de-selected as a candidate by her own political party last year and should, in all decency, have resigned there and then. ‘In post, but not in power’ as one of her political opponents succinctly puts it.

Time and again, the reputations of both were trashed as I uncovered, within this police force, and the police commissioner’s office, a trail of mind-boggling incompetence, discredited major criminal investigations, dishonesty, leadership failings, cronyism, profligacy, and persistent, mendacious law breaking – and an unsavoury tendency to use precious police resources and public funds to smear, bully, vex, annoy and harass critics.

The propensity to cover up, rather than address and rectify, the force’s many failings is constant and, at times, seriously shocking. Another very senior NYP officer, Tim Madgwick, was in the vanguard of a significant number of the force’s catastrophes and, most regrettably, it took Jones far too long to work this out. His deputy left the force after 30 years service without any of the fanfare one might usually expect – and no valediction from his boss, or any other senior colleague. For his last three months at NYP, Madgwick had been removed from operational duties and given a project to occupy his time.

When Madgwick was, quite amazingly, awarded the Queen’s Police Medal (QPM) in 2016, at the height of the scandals and exposés, Jones made one of the most ludicrous assertions in recent policing history: ‘Tim has led teams through some of the most serious incidents North Yorkshire Police has dealt with, in recent years, in an exemplary way‘ (read more here).

In 2012, when Mrs Mulligan was elected as the county’s first ever PCC, Madgwick was acting as chief constable after the departure of the discredited Grahame Maxwell, whose best known line during his tenure as top man in NYP was: “I’m a chief constable, I can do what I want“. This was during an Independent Police Complaints Commission investigation in which he was ultimately found guilty of gross misconduct.

PCC Mulligan, understandably, decided that she wanted a new chief, not steeped in the rotten culture that pervaded within NYP, and, in April 2013, appointed an assistant chief constable from the Police Service of Northern Ireland, whom she described as ‘a tough man for a tough job’. Jones had served with Greater Manchester Police for the first 22 years of his career. Whose record in producing sub-optimal chief constables in other police forces should have sounded loud alarm bells in the ears of the PCC.

Madgwick, having tasted life at the top table, was pushed back down the ranks. Given the opportunity to fight his corner in a court witness box, under cross-examination from me, he chickened out. Aided by a supine tribunal judge who refused my application to serve a witness summons, on the single ground that he had retired from NYP earlier that year, nearly two years after the information rights case in which Madgwick was absolutely central (as Gold Commander) had been launched. It is fair to say he would have faced a struggle extricating himself from the web of deceit that had been woven around the case by the force and two of its lawyers.

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Dave Jones was awarded the QPM himself, exactly a year later, but was under a constant barrage of well aimed, and highly justified, criticism from this quarter and, ultimately, the pressure told. At the end of March, 2018 he broke his contract with more than two years to run, did a ‘moonlight flit’ and has never been sighted publicly, since. He claimed that his ‘retirement’ was ‘to spend more time with his family’. The ‘tough man’ had gone soft. Julia Mulligan was spurned, in the end, by the man she both idolised and resolutely defended through some mind-boggling scandals.

Amid this turbulence, it might not be so surprising, therefore, that a well-publicised miscarriage of justice campaign, with NYP at its heart, slipped the net.  

In October, 2019 I attended, as an observer, a conference in Liverpool, organised by United Against Injustice. I have known the leading lights in UAI for some years, but this was my first conference visit to their annual gathering. The fact that three representatives from the Criminal Case Review Commission were due to give a presentation, and be available to answer questions afterwards, was at least one compelling reason to justify the journey.

The Melsonby post office murder

One of the cases on the conference agenda was the murder of Diana Garbutt, by her husband, Robin Joseph Garbutt, at the village store and post office they ran in Melsonby, North Yorkshire. He was found guilty after a four week trial at Teesside Crown Court in April, 2011 and sentenced to life imprisonment. The miscarriage of justice campaign was launched soon after. 

Fully committed elsewhere, it was not possible to engage with the Garbutt case at that time. But the publicly accessible documents, which always form the starting point in any investigation I undertake, have since been obtained: The summing up and sentencing remarks at trial; and the Court of Appeal judgment. They provide a shortcut to the best arguments of both sides; the police and Crown Prosecution Service on the one hand and the defendant (appellant) and his legal team on the other. 

It also gives an experienced reviewer a firm handle on how high the bar is set in order to overturn a conviction. Most crucially, if the necessary ‘new evidence’, as strictly defined in section 23 (2) of the Criminal Appeal Act, 1995 [read here], is likely to be available. To an extent that it would persuade the law lords that the conviction is ‘unsafe’, and quash it, under powers vested by way of section 2(1)(a) of the same Act.

Following the trial in 2011, the murder conviction was challenged by Robin Garbutt at the Court of Appeal, in May 2012. The appeal was dismissed. Even though new evidence, that the judges agreed had not been available to the defence team at the trial, was before the appellate court. This was in the form of Post Office HQ records between 2004 and 2009. The three law lords ruled that, whilst conceding that Garbutt may have suffered some prejudice at trial, in the event, the irregularities in the drawing of cash from HQ, asserted by a Post Office fraud investigator who gave evidence, could not, on its own, prove theft. It only became important to the police, and later the prosecutors, once it was known that the safe was empty and Garbutt’s explanation was the armed robbery.

The core of the defence submission was that the alleged theft was advanced by the Crown, at trial, as the motive for murder – and that the jury took that route to their guilty verdict. 

The three senior judges, presided over by Lord Justice Hughes, were satisfied that the jury had rejected the possibility of the robbery having taken place at all, independently of the financial evidence. For that reason they say the conviction is safe. That sets the bar very high in terms of any future appeal that may reach the same court: The task facing Garbutt and his lawyers is now, effectively, to persuade a reviewing body, to the criminal standard, that the alleged armed post office robbery did take place, in order to disturb the Court of Appeal stance. That is one of the inherent iniquities of the modern criminal justice system in England and Wales. As is the perennial reluctance to go against jury findings in the lower court.

The original powers of the Criminal Court of Appeal, under the 1907 Act, gave it an unrestricted power to quash convictions: ‘….if they think that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or that on any grounds there was a miscarriage of justice’ (section 4(1)).

The 1907 Act had no restrictions on the admission of new evidence. Those disappeared after the 1968 revision. A catastrophic sea change for those fighting against wrongful convictions.

The three Garbutt appeals to CCRC

In the Garbutt case, two subsequent rejections of appeals to the Criminal Case Review Commission (CCRC), a product of the 1995 reforms of the Act, did not appear to have received very much publicity at the time. It has not been possible to gain access to the submissions made by the Robin Garbutt team and the consequent decisions by the ‘watchdog’.

The CCRC Statement of Reasons are not published, as one might expect, on the Garbutt campaign website (see here). Indeed, the submission of the first appeal, in March 2015, is mentioned, but there is no reference at all to the second. Either the date of its submission or when the decision was subsequently communicated to Robin Garbutt’s legal team, headed by Martin Rackstraw at Bindmans. The CCRC press office has disclosed that the first appeal was closed in June, 2016 and the sceond appeal, submitted in February, 2017 was closed in July, 2017.

Nevertheless, neither application met the ‘real possibility test’ of overturning the conviction, in the opinion of the Commissioner(s) reviewing the applications, and making the final decisions. As set out on their own website (see here), it is not the function of the CCRC to facilitate a replay of a criminal trial on the basis that the defence evidence was not accepted by the jury and the prosecution evidence was. A point the Robin Garbutt campaigners appear, at all times, slow to accept.

More recently, a third application has been submitted to the CCRC and this has attracted a welter of publicity, both in the press and on regional television in the Yorkshire and Tyne Tees area. This time, it seems, the Garbutt campaign team are much less reticent about the grounds for the appeal. They will be covered in detail in a fourth article in a series of four to be published shortly on this website. The first was published earlier this week (read here). This is the second in the series. The third is a deeper dive into the police failings in the Garbutt investigation.

Briefly, they appear to be another challenge to the time of death; proven flaws in the Post Office computerised accounting system (Horizon); cross contamination of evidence; and ITV news film from the day after murder that shows the murder weapon was not in the place where the police say they found it one day later. 

An independent investigation – a search for the truth

These four articles are viewed through an almost entirely different lens to those appearing elsewhere. These are not of the news item genre, or a cheerleading boost to the justice campaigners. They are an extensive, informed, well-grounded, independent, open-minded search for the truth. Aided in this case by an exceptional knowledge of the police force, and a number of the dramatis personae, involved in the murder and armed robbery investigations.

For reasons that are unclear to me, at least, the Robin Garbutt campaigners have taken exception to this investigation. A curiosity when one considers their frequent, almost monotonous, war cry of ‘Robin has always told the truth‘. If that were the case – and it very plainly isn’t, given what was heard in court – then there should be nothing to hide from a search for the same truth, by a journalist who is adjacent to the criminal justice system every single day: Who killed Mrs Garbutt and, if there is a killer still on the loose, then press the authorities very hard for the case to be re-opened as a matter of urgency. 

 

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The murder of 40 year old Diana Garbutt took place on 23rd March 2010. The scene was the living quarters above the post office in Melsonby, in the Richmondshire district of North Yorkshire. The village, with its remarkably low crime rate, lies 1.2 miles to the west of the A1 trunk road and 1.2 miles north of the A66 route towards Penrith in Cumbria. The well known, and very busy, Scotch Corner interchange is just over 3 miles away.

Diana, brought up in Eggborough near Selby, was struck by three heavy blows from a blunt instrument, a rusty iron bar, according to the evidence heard at the criminal trial the following year. The assailant attacked her to the top of the head and once on each side.

One of the blows was fatal and she was found, wearing only a camisole, some time after the murder, by her husband, with her head in a pool of blood, face down on top of the duvet cover in the spare bedroom. Moments after an alleged armed robbery had taken place in the post office area of the village store. This is a tape recording of the 999 call made to the police:

That robbery would have been the second, almost identical attack, within 12 months. On 18th March, 2009, just before 8.30am it is said that two hooded young men, aged between 20 and 25 years old, wearing dark clothing, one of them armed with a handgun, threatened Robin Garbutt with the weapon, before making off with more than £10,000 in cash and an A4 book of postage stamps. Garbutt, who made no comment to the local press at any time after the first attack, was said by police to be ‘shocked, but unharmed’.

Detective Inspector Heather Pearson, who led that investigation and features elsewhere in this piece, in the section covering the disastrous Operations Rome and Hyson, said at the time of the robbery: “The area [around the post office] was busy with people driving to work or taking their children to school”.

“We are still appealing to passers-by who possibly noticed suspicious individuals or vehicles in the vicinity of the post office to come forward as a matter of urgency.”

There was no description of the getaway vehicle, or its direction of travel, given by Garbutt in the aftermath of the incident. No sightings of any persons matching the descriptions given by the shopkeeper. He told police that the robbers had entered the post office through the front door of the shop and made their exit the same way, one a short time before the other, after the safe containing an A4 Post Office book of stamps and around £10,000 in cash was emptied. It was said Mrs Garbutt was upstairs at the time and heard nothing. She rarely rose from her bed before 8.30am.

The police made no public appeal regarding the handgun allegedly pointed at Robin Garbutt in the course of that robbery. Or, it seems, gave any warnings not to approach the men if they were suspected of involvement in the Melsonby robbery. An imitation firearm was recovered during what, police said, were extensive enquiries, but not linked to this crime. No one was ever identified as a suspect, or arrested, in connection with the robbery and the incident is still logged by police as an unsolved crime. Following a general police appeal for information, two days later, it appeared that the trail had gone completely cold and nothing, it seems, was subsequently reported upon, in the local press, until Diana Garbutt’s murder. 

At the murder trial, the issue of whether the 2009 raid actually occurred was not pursued by prosecuting counsel, David Hatton QC, in cross-examination, but, in his closing speech to the jury, he briefly oulined that it may have given Garbutt the idea for the alibi for his wife’s murder, almost exactly a year later. Both on a Tuesday morning, at the same time, at 8.35am just after the school bus had left the village. Two young(ish) robbers, similar physical descriptions, dark clothing, one armed with a handgun. No details of the getaway in either instance. The robbers vanishing into thin air.

A prosecution witness at the murder trial, fraud investigator Andrew Keighley, also gave evidence concerning another similarity: In the months leading up to both reported robberies, Post Office Limited recorded an increase in requests from the Melsonby branch for extra money to be delivered.

It may never be known if the requests in 2009 were needed to replace misapproprated cash, as police believe happened in the time leading up to Diana Garbutt’s murder. One of the foundation stones of the investigation that the justice campaigners feel they have since undermined.

‘A comedy of errors’

The court heard of a number of North Yorkshire Police blunders, some of which were described by defence counsel, James Hill QC, as a ‘comedy of errors’ but. of course, not at all funny to the man in the dock. The trial judge, Mr Justice Openshaw said, in turn, that the stewardship of the crime scene demonstrated ‘a regrettable lack of professionalism’. Briefly, these were or are:

(i) Police claimed a bloodstained pair of boxer shorts found in a rubbish bin was Garbutt’s. They belonged to a neighbour. This ‘evidence’ enabled the police to persuade a Magistrates’ Court to refuse bail and have Garbutt held on remand at Holme Hall prison.

(ii) An iron bar – said to be the murder weapon – has caused consternation both regarding the circumstances of its alleged discovery, two days after the murder, and the results of DNA tests taken from it four months after its discovery. The fact that a police officer’s DNA showed up on the bar was, at first, concealed from Robin Garbutt’s lawyers.

(iii) Strands of hair found on the pillow near an outstretched hand of Diana were said to be ‘lost’ by the police. They never made it to the forensic science labs after being captured on scenes of crime photographs. As a consequence, they were never available for DNA testing. Providing, of course, the follicles were still present.

(iv) DNA tests taken from the pillow are now the subject of further challenge by the Garbutt campaign team over potential cross-contamination with biometric samples taken from the murder weapon . 

(v) Two bedside lamps were removed by the police from their position within the crime scene, and placed in a cupboard. There were signs of blood spots on at least one of them.

(vi) A bedside mirror and carpet beside the bed were not tested for blood spatter. There was no blood spatter on any of Robin Garbutt’s clothing. 

(vii) The defence team assert that the fish and chip wrappers, containing the remnants of the couple’s supper on the evening before the murder, were the wrong ones. This casts doubt on the analysis of the food decomposition in Diana’s stomach by the police’s chosen expert.

(viii) Questions for Melsonby villagers, interviewed during post-incident house to house enquiries, included confirmation of their hair and eye colour, whether they wore body piercings, or a watch. Householders were also asked ‘intrusive’ questions about neighbours. 

(ix) Detectives issued an appeal regarding owners of white vans, and a number were interviewed and eliminated. But a similar appeal was not made about a metallic or electric blue car seen around the village on the morning of the murder. Or a vehicle seen parked near the entrance to Low Grange Quarry, about a mile from the post office along West Road.

(x) According to CCTV evidence, a vehicle following Robin Garbutt was picked up eight times on the journey to Stockton-on-Tees and back on the night before the murder. The campaign team say that the driver was not traced and the vehicle was sold four days after the murder.

(xi) Police and prosecutors claim that no struggle between Diana and the killer took place before the murder. That is disputed by the Garbutt campaigners who claim that pictures were displaced and bedside lamps were knocked over. They say that Diana with her armed forces background would have fought an attacker.

(xii) A balaclava and ball-bearing handgun were found by Cleveland Police in Thornaby, 19 miles from Melsonby, on 24th March, 2010. The campaigners say there was no attempt to link them forensically to the Garbutt murder.

(xiii) At first, the police accepted the time of death of Diana Garbutt was 6am at the earliest. This stance was changed at trial, which started a year later, based on expert evidence from a forensic archeologist.

(xiv) Neighbour Pauline Dye was allowed to wash her bloodstained hands in the Garbutts’ bathroom sink after handling the body of Mrs Garbutt.

This is, on any view, a truly shocking catalogue of serious investigative failures and is much more extensively reviewed in a seperate analyis on this website (read in full here).

Confirmation bias

In this light, Robin Garbutt can safely say that he suffered prejudice at the criminal trial as a result. In that sense, there is merit in the argument of his campaign team that there has been, potentially, a miscarriage of justice. But not an unsafe conviction.

Without the armed robbery story, Garbutt would, very likely, NOT have been convicted of the murder. Indeed, the police and prosecutors, absent of a confession, may well have struggled to get even a charge against him, let alone a trial. There was simply no evidence linking him to it, forensic or otherwise.

A well known retired senior police officer and commended detective, who spent his entire career with a large metropolitan police force, told me that the smaller county forces didn’t have the well-oiled machinery and the know-how of their big city cousins to roll out an effective, efficient investigation in the ‘golden hours’ just after a serious crime had been committed. They often didn’t have the required personnel, either. The cream of the crop tended to be skimmed off by the larger forces. 

Another friend, of even higher rank, was actually brought up in Melsonby village. He is also scathing of the abilities, of what was his local police force, to conduct major investigations.

Defence barrister, James Hill QC, put it this way to the jury in his closing speech: “You can’t just cherry-pick the evidence. You can’t just ignore the parts of the evidence that you don’t like, in order to put forward a theory. I’m going to suggest that the prosecution case is nothing more than that – a theory. Ever since, they’ve been trying to make that evidence fit that theory.”

North Yorkshire Police had 30 officers assigned to the murder investigation, closed off the village, and set up a mobile facility in Moor Road, adjacent to the gate at the rear of the village shop premises. But, almost from the moment the first officer arriving on the scene, Traffic Constable Chris Graham-Marlow, had spoken to the paramedic, Michael Whitaker, the husband was the main suspect and it seems, particularly to the Garbutt campaign team, that police activity only concerned their man – and focused on evidence that supported their hypothesis and ignored anything that went against it. A well-discussed policing phenomenon of confirmation bias.

That bias, and the narrow, rigid mindset and weak organisational culture that accompanies it, is a recurring feature of almost every high profile NYP investigation – and has led to some tragic failures, most notably during Operation Cabin, the first, bungled, investigation into the disappearance of Claudia Lawrence.

Nevertheless, after having heard ample evidence of the poor police investigation, the rubbishing of it by the defence barrister and the more restrained, but damning, criticism  from the trial judge, the jury found Robin Garbutt guilty of the murder of his wife.

In a piece published earlier this week (read in full here) it sets out in considerable detail the two crucial decisions that the twelve members of the panel had to decide. Namely the time of death and whether, in fact, there was truth in the assertion, by Robin Garbutt, that an armed robbery had taken place moments before he had discovered the bloodied body of his wife. The article, in which is embedded a police film of Garbutt’s first account of the robbery, is said to be a compelling read.

More neutrally, if the earlier 2009 robbery was also a fake, it raises the probability that, had North Yorkshire Police uncovered this at the time, a murder could have been prevented. That is the view of Diana’s mother, 70 year old Agnes Gaylor, who sat through every hearing day of the trial at Teesside Crown Court, and is convinced of Robin Garbutt’s guilt. Nevertheless, as a matter of legal correctness, the presumption of his innocence must prevail over the 2009 incident. 

In fairness to the police, and in the absence of CCTV nearby, proving the robbery didn’t take place would be next to impossible. Nevertheless, in policing circles, it would have been surprising if Robin Garbutt’s ‘card hadn’t been marked’ as the local saying goes: The failure to activate the silent alarm and the complete absence of any sightings of robbers or getaway vehicle, in the busiest part of the day in this village, would, doubtless, have troubled them.

Mrs Gaylor was interviewed, very briefly, by the media, after the Garbutt sentencing and alongside Detective Constable John Bosomworth (watch short video clip here). Based with Northallerton CID, DC Bosomworth read from a statement prepared on behalf of the family in which the murder investigation was warmly praised, particularly for its ‘care and compassion’. This is a recurring NYP trait. The rest of the country knows that this was a quite appalling investigation from beginning to end, and still with huge question marks against it, and their first, and persistently irritating, instinct is self-praise.

More recently and, perhaps, less surprisingly Agnes told ITV News: “I attended every day of the trial and after listening to every word said and with great effort to put myself mentally in the jury box, with an open mind, I am beyond confident that Mr Garbutt is in the right place. I understand why his family and friends would love to see him freed, but all I hear is – he’s such a nice man he couldn’t possibly have done such a thing. But nice men, sadly, do”.

But this wasn’t the only police investigation in which DC Bosomworth was centrally involved around that time and his underperforming NYP colleagues were later the subject of fierce, and highly justified, criticism by those pursued by them. As in the Garbutt case (criticised by the trial judge), in this case the force was criticised by a senior officer from another constabulary, appointed by the police watchdog, to assess an appeal into a quite disgraceful internal investigation by NYP (read press report in full here). That case involved a mother being falsely, and, on the evidence, perversely and irrationally accused of the attempted murder of her own disabled young daughter. None of the officers concerned in this case was properly held to account.

As far as Operation Nardoo is concerned, the police codename for the calamitous Garbutt investigation, a review into the failings of North Yorkshire Police handling of the murder probe was promised in a statement to the local press, shortly after the trial concluded. There is no trace of such an inquiry ever taking place and, as a consequence, the force has been tasked with providing details, by way of a freedom of information request (read here). The Gold Commander for Nardoo was ACC Tim Madgwick, whose command team portfolio at the time included criminal investigations. A bitter and protracted battle is expected with the police force to extract that information and place it in the public domain.

Madgwick was also Gold on Operation Cabin, later reviewed internally by NYP in an operation codenamed Essence, which highlighted some of the failings of the original investigation into the disappearance of Claudia Lawrence after leaving her York home to travel to work at the city’s university. No arrests were made during this investigation. An inaccurate photograph of Claudia was issued by the police at the outset. Failure to establish basic facts such as distances and timings. Failure to preserve Claudia’s home as a crime scene. Failure to eliminate a suspect vehicle by using even the most rudimentary investigative techniques. Obsession with a theory based around Claudia’s love life. Bull in a china shop approach to locals in the area where Claudia lived. Disaffecting members of Claudia’s family. 

The 2009 reported armed robbery at Melsonby post office took place on the last day that Claudia was seen alive. The pre-occupation with her disappearance, reported by her father, Peter, on 20th March, 2009 may well have resulted in the investigation into the alleged robbery fizzling out quickly.

Operations Rome and Hyson (one flowed into the other) feature extensively on this website as one of the biggest investigation failings in police service history. Yet again, Madgwick was at its very heart as Gold Commander of Rome, upon which almost £1 million of public money was squandered in a farcical, meandering, highly partial investigation into what they resolutely maintain concerned ‘alleged harassment’, that lasted 7 years and resulted in not one single arrest. He remained as the controlling mind, and chief ‘cover-upper’ of Hyson, even though his subordinate, ACC Paul Kennedy, was nominally Gold. Heather Pearson played a signifant part in that investigation, as Senior Investigating Officer, at least for part of the time that the investigation ran, exceeding her powers and exhibiting an alarmingly closed mind when ordering the arrest of a citizen journalist, Timothy Hicks, over his criticism of the force. Tim is a professional man, a chartered accountant and certified fraud examiner, of exemplary character. His detention at a York police station, followed by pointless and utterly irrelevant questioning, had an Orwellian look to it.

Rome ran from 2008 until 2014, Hyson 2014 until 2016. Lord Maginnis of Drumglass was refused a meeting with Theresa May, Home Secretary at the time, to raise grave concerns over Operation Rome and the way North Yorkshire Police was running it. She refused, so he raised the matter in Parliament. He told those assembled on the red benches: ‘That particularly dubious constabulary merits careful investigation’. 

That startling submission was on 15th May 2012, less than a month after Robin Garbutt was sent to prison. It is a quote, entirely factual, that police force and its senior leaders came to resent and detest.

The Private Eye magazine eventually featured the scandal in August, 2016 with a near full page article headlined ‘North Yorkshire Boors‘. It signalled, thankfully, the beginning of the end for Tim Madgwick. Who, curiously, has lived around the Easingwold area (the names of two of the villages are known, but it simply would not be right to publish them) since he moved north to join NYP from his Hampshire origins; the same area of York in which Robin Garbutt grew up and lived in, Tholthorpe and Huby respectively, before he and Diana bought the post office in Melsonby. 

This is far from an exhaustive list of NYP failures; in my time spent scrutising the force they run well into double figures. Including serious allegations, supported by employment tribunal findings, of being a racist and sexist organisaion. But it gives the reader a flavour of just how low the ethical and professional bar is set in this police force. Add to that a breathtaking level of incompetence, layered over with ingrained, overbearing arrogance and superiority, that seeps into almost every business area, and the scale of the problems within this organisation begins to crystallise. It is almost certain that justice campaigners such as the Garbutt team, and their legal team, will recognise these unpleasant, and wholly unacceptable traits, as they have battled to uncover the truth behind a grotesquely failed Operation Nardoo investigation.

Robin Garbutt campaigners - ITV package

Obtaining disclosure of relevant materials will also be a constant thorn in the side of the campaigners, led by Jane Metcalfe (on the left in above pic), his sister Sallie Wood and brother-in-law, Mark Stilborn, as it is for anyone who deals with the force on a professional level, such as lawyers and journalists. Best exemplified by this case, wherein the Lord Chief Justice was blistering in his condemnation of, amongst others, the Chief Constable of North Yorkshire Police. Sir John Thomas described the force’s conduct as ‘reprehensible’. At one point, Dave Jones was summoned to appear before the law lords in London. The full handed down judgment can be read here. The only officer ever held to account was an inexperienced detective constable, recently posted in a department that was widely known for its failings and, of course, in true NYP style, the decision makers and top brass escaped any censure, whatsoever.

So, we come to the key questions:

 ~ Did Robin Garbutt get a fair trial in April, 2011 at Teesside Crown Court?

Emphatically not, in my submission. A police investigation so inept it borders on the criminally negligent; a senior leadership and detective mindset mired in confirmation bias: a threadbare prosecution absent of anything other than circumstantial evidence and accompanied by the almost standard disclosure failings that, seemingly, weave through every operation conducted by North Yorkshire Police.

~ Did the jury come to the right verdict?

It should first be said that I am not an advocate of majority verdicts. Until 1967, a jury had to reach a unanimous finding, ‘beyond reasonable doubt’. Now a 10-2 or 9-1 verdict, where the jury is ‘sure’ of the defendant(s) guilt is within the law (Juries Act, 1974). On the evidence heard in the Garbutt trial, summed up by an experienced, senior judge and properly directed on the law, it was not surprising to the neutral observer that they concluded Garbutt was guilty of the murder of his wife. Such a conclusion must have embraced at least one of the two main planks of the prosecution case: (i) The robbery at the post office did not take place (ii) The time of the murder was before Robin Garbutt served his first customer in the shop at around 5.15am that morning (according to the till roll).

~ Was the Court of Appeal wrong to dismiss Robin Garbutt’s claims of a miscarriage of justice at the hearing in May 2012?

For my own part, every judgment that this court delivers is read, as part of learning how to understand and assess other cases. I have also been in the press seats at the Royal Courts of Justice to hear an appeal in which I was assisting the person convicted of murder, and his family, and, in fact, made a successful oral application to Lord Justice Davies, from the press seats, to live tweet those proceedings. From that informed perspective, the refusal to quash the Garbutt conviction was routine, given what was before the court. The defence team, still led by James Hill QC and praised by the law lords for their skilful submissions, had a mistaken grasp of the very probable route to verdict taken by the jury. Their majority decision says the robbery didn’t take place and, on the only alternative put to them by the prosecution, Robin was found to have killed Diana. That is the legal position and, as I say to every single person who seeks out my view, the appellate courts are almost always where law is decided, not justice. That has been the position, for better or worse, since 1968.

 ~ Will the Criminal Case Review Commission refer the case back to the Court of Appeal after the third application by Robin Garbutt?

The conclusion reached on that discussion is reserved for the fourth article in this series, in which I set out the grounds, as I know them, and my reasoned views as to if, and why, they do, or not have merit. It would take just one compelling ground for a referral out of the four believed have been advanced by his legal team for the CCRC to make the prized referral.

Timeline 

An at-a-glance timeline of events leading up to the murder and all that happened since can be viewed here.

The Robin Garbutt justice campaigners were contacted for comment. They did not respond.

 

Page last updated: Thursday 11th June, 2020 at 2035 hours

Photo Credits: ITV News, Press Association, North Yorkshire Police, North Yorks Enquirer

Corrections: Please let me know if there is a mistake in this article. I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

© Neil Wilby 2015-2020. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

 

Scandal-hit police stonewall ‘sex ring’ allegations

A major sex scandal has been brewing at Cleveland Police for almost two years.

The lid was partially prized open by John Beggs QC at a disciplinary tribunal that attracted widespread media attention in late 2016. Sensationally, the troubled force abandoned proceedings against an officer, Sergeant Waseem Khan, who had been suspended for three and a half years, at the start of the second week of the hearing.

But, during the first week, Beggs had probed a personal relationship between Superintendent Beverley Gill and Chief Superintendent Jon Green which the ‘attack-dog’ barrister characterised as “exceptionally close“. Green had been moved sideways from his role as Head of Professional Standards Department (PSD) as scandal after scandal dogged him and his disgraced department. The replacement Head was his “personal friend“, Bev Gill. Her evidence at the hearing had troubled the Panel chairman.

On 7th November, 2018 Gill was suspended by the force, at the outset of an investigation codenamed Gosport, over allegations she subdued an investigation into former colleague and ‘dirty detective’, Simon Hurwood. The latter was officially outed, at another disciplinary hearing in October, 2018, at which Beggs QC was again heavily involved, as a manipulative sex fiend.

Cleveland Police is very clear that they are not naming the officer, and their head of communications confirmed this in response to a press enquiry in which Beverley Gill was named, and a request made for her length of police service with Cleveland to be provided. The force continues to rely on the press briefing given the previous day.

Hurwood was found guilty of eight allegations of gross misconduct, plus a number of other misconduct allegations, after the inquiry found he had groomed and pestered 21 female Cleveland Police colleagues, most of them of junior rank, for sex and other indecent acts, over a 14-year-period.

Leeds barrister, Simon Mallett, Chair of the police disciplinary panel which heard the complaints, said: ‘Simon Hurwood was treating the professional standards department as a personal recruitment centre for his own sexual gratification.’ Nevertheless, Hurwood was allowed to retire with a pension pot of £1.1 million, according to a report in the Sunday Times.

On Friday 2nd March 2018, Hurwood was arrested on suspicion of sexual assault offences,  interviewed, released under investigation and, subsequently, suspended from duty later the same day.

Following further enquiries, early consultation with the Crown Prosecution Service (CPS) complex case unit in London took place. This was in relation to four victims. Subsequently, Detective Chief Inspector John Wrintmore made the decision that there was insufficient evidence to proceed with either the alleged sexual offences, or misconduct in public office. This left police disciplinary proceedings as the only course of action available.

Described as ‘creepy and sleazy’ by his victims, Hurwood abused his position as a management rank officer to have sex in police cars, and in his own office in PSD, the department charged with holding up the highest standards of conduct amongst all the force’s officers. He also persuaded female officers to send him sexually explicit pictures and videos of themselves. He was obsessed with the colour of females’ underwear, and having explicit photos and videos sent to him on his mobile phone.  One witness alleged Hurwood forced her into ‘non-consensual sexual intercourse’ and others complained of being coerced into performing sex acts.

There are also allegations surfacing that Hurwood threatened to blow the whistle on other senior officers if he was prosecuted. The name of an alleged ‘go-between’ that allegedly brokered a deal is circulating on social media. If true, this cover-up was conducted at a senior level in Cleveland Police.

There was no public appeal for witnesses, internally or externally, and some complainants were instructed to sign confidentiality agreements. Police have offered up the rationale that it was to prevent cross-contamination of evidence, but, to the more enquiring mind, it simply fuels belief in a senior management cover-up. Particularly in the light of the most recent revelations.

When approached by a Sunday Times reporter at Hurwood’s £400,000 home last week, his wife, Kimberly, said: “We are not answering any questions.” Her husband has completely denied any misconduct or sexual assaults. He has been married twice previously.

Force spokesperson, Xanthe Tait, a former Chief Crown Prosecutor for North Yorkshire, said the suspension of Bev Gill was a ‘neutral act’ and the presumption of innocence remains.

There are other allegations on social media, made by a regular and very well informed, critic of the force, Michael Carey, which, no doubt, Operation Gosport will explore, that Bev Gill was also “close” to Hurwood, in a similar way to her friendship with Jon Green. There are, it is said, other senior officers who enjoy similar relationships as part of a friends group.

After the Hurwood disciplinary hearing, and it may not necessarily be connected, it was said that Deputy Chief Constable Simon Nickless, who had portfolio responsibility for PSD at the material time, was leaving Cleveland Police to join the College of Policing as Senior Policing Adviser. Which has, one might say, the look and feel of the situation pertaining to ex-West Yorkshire Police chief constable, Mark Gilmore, who was sent off to do a ‘non-job’ at the National Police Chiefs Council, for over a year, in an attempt to disguise the fact that he was on gardening leave.

On 7th November, 2018 it was announced by Cleveland Police that a new deputy chief had been appointed for a temporary six month period. It was Helen McMillan, drafted in from Northumbria Police, who suspended Beverley Gill. Helen previously worked with Durham Constabulary, based in Hartlepool. She would be well advised to make a trawl of the public complaints made against Gill and re-visit them. There are at least two shocking cases that should be the subject, at the very least, of gross misconduct investigation. One made by the aforementioned Michael Carey and the other by Karim Allison, who succeeded in a substantial civil claim against Cleveland Police, and has been relentlessly persecuted by the force since. Including an unsuccessful prosecution against him. Carey has also been arrested and all his computer devices seized, but very recently informed by the police, after an eighteen month hiaitus, that the CPS will not prosecute.

On 17th September, 2018, six weeks before the Hurwood disciplinary hearing became public knowledge, a series of questions was put to Cleveland Police, and its Police Commissioner, Barry Coppinger:

“A statement is requested from PCC Coppinger regarding a report that is circulating on social media concerning an alleged ‘sex ring’ operating in the upper echelons of Cleveland Police.
The reports states, inter alia:
1. Insp Simon Hurwood, whose arrest was reported in the press earlier this year, may have assaulted, harassed up to 30 female officers, staff.
2. Insp Hurwood and Insp [name redacted] (whom it is said are involved in a physical relationship) are part of a police sex ring that may include five other named officers of managerial rank, including the present [name redacted] . It is also said that Insp Hurwood was present in the vehicle when Insp [name redacted]  was found to be OPL (subsequently convicted).
3. The sex-ring has operated for many years and those involved ‘cover-up’ for each other if misconduct or criminal matters are reported against them.
4. Insp [name redacted] has discussed publicly how ‘sex-corruption’ is rife in the force and institutional sexual assault is commonplace.
5. The chief constable and PCC are actively seeking to conceal these matters from public scrutiny.”

It took almost four weeks, and several reminders, for this response to be provided:

I take any allegations of misconduct within Cleveland Police very seriously and I have developed a small Complaints Triage team to assist the newly established Directorate of Standards and Ethics in investigating concerns raised by the public.

I will not, however, comment on unsolicited and unsubstantiated reports appearing on social media. An appropriate complaints process is in place, details of which can be found on the Cleveland Police website.

The statement glosses over the fact that since Mr Coppinger was elected as PCC in 2012, the force over which he has oversight has staggered from crisis to crisis, with scandals, across the misconduct spectrum, featuring routinely in the national press. He previously served on Cleveland Police Authority, under the chairmanship of David McLuckie, who was jailed in 2013 for perverting the course of justice.

In the light of the suspension of Bev Gill on 7th November, 2018, a request was made for an updated statement. The response was almost immediate:

Cleveland Police has informed the Police & Crime Commissioner of the suspension of an officer. This matter is within the remit of the Chief Constable and the PCC is assured that the necessary investigation will be carried out thoroughly, promptly and fairly.

It would not be appropriate for the PCC to comment further at this time.”

The statement carefully, and ironically, avoids the point that this routinely scandalised police force has proved almost entirely incapable of carrying out any thorough, prompt or fair investigation when its own PSD (now re-badged as Standards and Ethics) has been involved. There is also the collateral issue that Mr Coppinger employs a chief constable who is a proven liar, twice over. An  unsatisfactory situation, by any measure, and one that the PCC defends with extraordinary zeal.

If there are two officers already suspended, and the working hypothesis is that is the minimum number, it also suggests that the force may be drip-feeding information to Mr Coppinger, and his PCC team, to minimise the risk of ‘leaks, or for other operational reasons.

Operation Gosport is an investigation that should, quite properly, and on any independent view, have started out as a criminal investigation, not one of gross misconduct, and been referred by its chief constable, Mike Veale, to another police force for investigation.

Veale, unusually, and bizarrely, given his recent history, is the portfolio holder for Standards and Ethics. A role undertaken by the deputy chief constable in most other police forces. However, he is said by a well placed police source to be ‘furious’ over what is now being revealed and is ‘wielding the knife’ in an attempt to cut out deep-seated cancer of corruption in that department. Whatever his recent history in Wiltshire Police, this is an important, and most welcome, step in the right direction for Cleveland and its constituents.

But, until the Veale ‘surgery’ is complete and the integrity of the force recovered, Cleveland Police simply cannot be trusted to investigate itself. But, there is some light at the end of what must have been a very dark tunnel for Hurwood’s victims, as their press office provided me with this statement on 9th November, 2018.

Cleveland Police fully supports any victim’s right to review (VRR) such decisions and is currently supporting a review in this case by another police force. It is important that there is transparency in decision making and that any such decision is rigorously tested in the best interests of victims and the public.”

On 12th November, 2012, it was confirmed that Northumbria Police had been appointed to assist with the VRR. No timescale has been given.

That police force, however, could not have been West Yorkshire Police, headed by chief constable, Dee Collins. From the start of her police service in 1987 until the end of 2005 she served with Cleveland Police, including a spell in its ill-starred PSD. In the offices where Hurwood would later have illicit sex and be pleasured orally. She was also a Police Federation representative as an inspector.

She was a superintendent when she left the force to join Cumbria Police in December, 2005. Hurwood had begun his sex spree against female colleagues almost two years earlier.

Ms Collins was asked for a statement on 7th November, 2018 – the day Bev Gill was suspended –  and has ignored the request (a routine occurence, it must be said).

She has also been, subsequently, invited to comment on well sourced information that she is ‘very, very good friend‘ of 50 year old Bev Gill (a couple of years younger than Dee Collins).

The point to these questions is that the WYP chief was honoured recently by the Queen, and quite rightly, as a champion of women in policing. But that does not sit easily with any knowledge, at all, of what was happening to her junior ranked female colleagues, in what is a relatively small police force. Hurwood, Gill and Collins all have similar lengths of police service and would, at the very least, it is reasonable to infer, have been well known to one another as they progressed up the ranks.

Despite his predatory behaviour, after he became a sergeant in 2003, Hurwood was promoted and moved to the professional standards department, where most of the offences took place. Even after complaints were made against him, he was put on a recruitment panel where he could choose potential victims, implying to one woman that he could help her get a job.

Two detective inspectors were informed about Hurwood’s sexual encounters at the material time, and one victim was at a rank of chief inspector, or higher. Yet the misconduct continued, not just unabated, but even more blatantly.

It may well be that Dee Collins didn’t know, and there cannot be any presumption, at all, of wrongdoing by her, without probative evidence. But if she didn’t know, then serious questions need to be asked ‘why not‘ given her various, and highly relevant, roles in the Cleveland Police.

It’s the same question asked by many others about what she does, or doesn’t know, about alleged misconduct and criminality of her own West Yorkshire Police officers: Apart from the selfie-loving, teddy-bear hugging, gushing, heavily sentimental, fluffy, public relations role which she enthusiastically adopts, it is difficult to see, from an investigative journalist’s perspective, what contribution she makes to maintaining the requisite ethical and professional standards in the force.

In January, 2019, Dee Collins takes up a three month role at the College of Policing in Surrey. There is speculation, explored in an earlier article on this website (read here), that she will only return to WYP to say her goodbyes and then retire. That is denied by the force, but in terms sufficiently vague to leave that open as more than a possibility.

An approach has been made to the WYP press office for comment or a statement from the chief constable. In their routine, unethical, unprofessional manner, and taking their lead from the chief constable, who conducts herself in much the same way, it has not even been acknowledged, so far.

 

Page last updated on Saturday 10th November, 2018 at 2050hrs

Corrections: Please let me know if there is a mistake in this article. I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

© Neil Wilby 2015-2018. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.