An absorbing and, at times, testing four days was spent last month looking into the beautifully ornate Court 4 at the Royal Courts of Justice in London, writes Neil Wilby.
Held remotely, of course, in this virus epidemic era, it was a Court of Appeal Criminal Division hearing of forty-two cases remitted by the Criminal Case Review Commission, following the outcome of what became widely termed as ‘The Post Office Group Litigation’: A class action brought in the High Court, by over 500 claimants, against the organisation owned by UK Government Investments and run by the Department for Business, Energy and Industrial Strategy.
Formerly part of the Royal Mail Group, Post Office Ltd (“POL”) became independent in 2012. They repeatedly claimed that their Fujitsu-developed Horizon software system was not faulty and the ‘institutional obstinacy or refusal to consider’ that it might be flawed was highlighted by the trial judge, Mr Justice Fraser.
Characterising this stance as ‘the 21st-century equivalent of maintaining that the earth is flat’.
The criminal prosecutions by Post Office Ltd, against its sub-postmasters, were described as ‘aggressive and, literally, dismissive’. No recognisable investigations by the specialist POL fraud team took place and crucial disclosure of documents was routinely withheld from those accused of fraud or theft.
During the High Court hearings POL attempted, in desperation, to remove the judge by way of an application to recuse himself. It was, unsurprisingly, dismissed.
At the conclusion of the final hearing of the claims, more formally known as Alan Bates and Others v Post Office Ltd (read in full here), sixty-one applications were made to the criminal justice watchdog by former sub-postmasters, or managers or counter staff in Post Office branches, who had been convicted of, or who had pleaded guilty to, theft, fraud or false accounting in cases where the Post Office was the claimed victim.
The CCRC submitted that there was new evidence concerning (i) failings in the Post Office’s Horizon computer system and (ii) the response of Post Office Ltd to those failings which was relevant to the safety of their convictions.
Those post-trial applications took the total up to seventy-five since March 2015.
As of 22nd January 2021, the CCRC had referred the convictions of 51 of the Post Office applicants to the appropriate appeal court on the basis that the prosecutions amounted to an abuse of process. The convictions in six of these cases had previously been quashed and another thirty-nine of the appeals were upheld and the convictions quashed earlier today (23rd April, 2021).
The CCRC decided to refer the cases of the Post Office applicants because, in light of the findings of the High Court in what are termed as the “Common Issues” and “Horizon Issues” judgments, it was satisfied that there was a real possibility that the Court of Appeal would conclude that it was an abuse of process to prosecute these cases and that the convictions are, accordingly, unsafe.
In the CCRC’s view, the key points were (and still are):
That there were significant problems with the Horizon system and with the accuracy of the branch accounts which it produced. There was a material risk that apparent branch shortfalls were caused by bugs, errors and defects in Horizon.
That the Post Office had failed to disclose the full and accurate position regarding the reliability of Horizon.
That the level of investigation by them into the causes of apparent shortfalls was poor, and that the Post Office applicants were at a significant disadvantage in seeking to undertake their own enquiries into such shortfalls.
The criminal justice watchdog concluded that the reliability of Horizon data was essential to the prosecution and conviction of those applicants and that, in the light of the High Court’s findings, it was not possible for the trial process to either be fair and/or was an affront to the public conscience.
The ‘real possibility’ test that the relevant appeal court would overturn the convictions was, therefore, met.
The Court of Appeal, very largely, agreed with the watchdog and commended them for their work on the applications to them. Dismissing only three of the cases, all of which the Post Office had opposed, almost from the moment the CCRC referred them back to the appeal court.
This is an extract from the judgment of Lord Justice Holroyde, sitting with Mr Justice Picken and Mrs Justice Farbey.
“The failures of investigation and disclosure were in our judgment so egregious as to make the prosecution of any of the ‘Horizon cases’ an affront to the conscience of the court.
“By representing Horizon as reliable, and refusing to countenance any suggestion to the contrary, Post Office Limited effectively sought to reverse the burden of proof: it treated what was no more than a shortfall shown by an unreliable accounting system as an incontrovertible loss, and proceeded as if it were for the accused to prove that no such loss had occurred.
“Denied any disclosure of material capable of undermining the prosecution case, defendants were inevitably unable to discharge that improper burden. As each prosecution proceeded to its successful conclusion the asserted reliability of Horizon was, on the face of it, reinforced. Defendants were prosecuted, convicted and sentenced on the basis that the Horizon data must be correct, and cash must therefore be missing, when in fact there could be no confidence as to that foundation.”
The CCRC say that they continue to receive applications from new Post Office applicants and currently has 20 cases under consideration.
In December, 2019, Robin Garbutt made his third application to the CCRC in a bid to overturn the jury verdict that he bludgeoned his wife, Diana, to death, in what is known as The Melsonby Post Office Murder. It took place in the living quarters above the village store in March 2010 where Robin struck three blows to his wife’s head, with a rusty iron bar, whilst she lay sleeping.
Following the trial at Teesside Crown Court that spanned March and April, 2011, an appeal by Garbutt to the Court of Appeal Criminal Division was dismissed in May, 2012. As were the first and second applications to the CCRC, made in 2015 and 2017.
There is nothing unusual or sinister about this pattern; convictions are overturned, with troubling frequency, where such persistence has been necessary to persuade the CCRC to refer a case back to the Court of Appeal. Robin Garbutt has steadfastly maintained his innocence since the day his wife was murdered. Even though he fell under suspicion shortly after the first two police officers arrived on the scene.
In July, 2020, Garbutt’s legal team made what is described elsewhere as an addendum to the third CCRC application, concerning the Horizon software faults and their alleged impact on the safety of his murder conviction. An issue never raised previously either before, during or after the trial. Or, at the Court of Appeal, where the single permitted ground of challenge was another matter concerning availability at trial of Post Office Ltd records of cash transfers to and from the Melsonby shop (read more here).
On all information available in the public domain, including scrutiny of the regular outpourings of Robin’s active and vociferous campaign team, and their supporters, it appears that Horizon software failings did not form part of any previous challenge.
To the author of this piece, having spent approaching 600 hours investigating the Garbutt innocence claim, a Horizon ground of appeal certainly came as a surprise. Particularly, having read the numerous and lengthy judgments handed down by Mr Justice Fraser in the consolidated civil claims against the Post Office. Now even more so, having sat through the recent Court of Appeal hearings and read the consequent judgment of the three law lords.
The facts of those sub-postmaster (or sub-postmistress) claims differ markedly from the circumstances at the heart of the killing of Diana Garbutt. Not least, because the reason given to police for the missing money, amounting to over £16,000, is that it was taken at gunpoint by armed robbers. Software glitches were not in issue then and it is very difficult to see how they can be now.
The Court of Appeal’s hearing of the cases flowing from Mr Justice Fraser’s findings heard repeatedly that the abuse of those convicted arose from Post Office Limited’s dual role as investigator and, in effect, prosecutor in its own cause as victim. In so doing, withholding time and time again, crucial evidence about the known failures of the Horizon accounting software, first introduced at the turn of the century (the Legacy version) and whose architecture was substantially revised in 2010, a few months after the murder of Diana Garbutt.
A recent freedom of information request (read more here) revealed that the contemporaneous records of Post Office Ltd do not show any complaints made by Melsonby Post Office, regarding Horizon software, or cash shortfalls attributed to any other reason, in the year or so before the murder.
Indeed, the position of the defence at trial was the books balanced with the amount taken from the Post Office safe and shop till. An alleged robbery at the same Post Office, almost exactly a year earlier, had netted over £11,000 for those responsible. That crime remains unsolved.
Conversely, and perversely, in the words of the judge in his summing up, Robin Garbutt had ‘scant explanation’ for the extravagant, cash-fuelled, millionaire lifestyle that he and Diana had enjoyed over the previous twelve months. On one weekend alone, at picturesque Bolton Abbey, they blew £1,200. In total, they spent well in excess of £20,000.
The belated attachment of the Horizon software failings had, and still has, all the appearance of opportunistic bandwagon-jumping: The facts of the Melsonby case are so very different, as are, plainly, the findings of Mr Justice Fraser, the CCRC and now the Court of Appeal in terms of the legal test and the hurdles to be overcome, using this particular device as a ground to overturn the conviction.
The expectation, from this quarter, that the CCRC will roundly reject this ground of application remains high. If, of course, they have not already done so.
A significant clue being a very recent post on Robin Garbutt’s own Facebook page (maintained by his family and friends) from campaign leader, Jane Metcalfe. It signals a significant change of tack, insofar as Horizon is no longer blamed, but it is the evidence of the Post Office fraud specialist, Andrew Keighley, who gave expert evidence at the murder trial about movements of cash to and from the branch, that is now challenged, according to her.
Jane has previously invented two other armed robberies that she says took place before 2003, the year in which the Garbutts took over the business. That was proved, conclusively, to be yet another gratuitous embellishment to the campaign by way of disclosure to the author of this piece from both POL and NYP (read more here).
Those media outlets, and freelance journalists, that have enthusiastically accepted, and supported, whatever variation of the innocence claim that Jane, and the Garbutt family, have put forward must now be dreading the CCRC’s decision on the case. Notably, the iconic Private Eye magazine, The Justice Gap and The Metro newspaper all of whom have been repeatedly exhorted to correct their flawed reporting (read more here).
Such as the York Press, Northern Echo and Yorkshire Post have steadfastly declined to run with any news adverse to the campaign, however solidly grounded it has been (there are few firmer foundations than freedom of information requests) and regardless of its high public interest.
Readers of this website are respectfully invited to draw their own conclusions from those omissions.
Jane Metcalfe was offered right of reply. The email received no response.
Page last updated: Saturday 1st May, 2021 at 0605 hours
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This is the fourth in a series of six articles that comprise the deepest dive yet into the murder of Diana Garbutt, by her husband Robin, in March 2010. She was bludgeoned to death in the living quarters above Melsonby Village Store and Post Office as she lay sleeping in bed.
The first article, headlined ‘Don’t do anything stupid, we’ve got your wife‘ can be accessed here.
The second, ‘That particularly dubious constabulary merits careful investigation‘ here.
The third, which is an amplication of the list of investigative failings which forms a part of the second article, ‘A regrettable lack of professionalism’, here.
The fifth looks at the appalling conduct of the campaigners behind this innocence claim, here.
The sixth is an in-depth analysis of an interview by Dr Sandra Lean of the lead campaigner, Jane Metcalfe, here.
From his cell in HMP Frankland, 54 year old Robin Garbutt continues to vehemently deny the crime of which he was convicted at Teesside Crown Court in April, 2011. A stance he has never varied since the day he was arrested, three weeks after his wife was so tragically and brutally killed.
His protestations have spawned a well-publicised miscarriage of justice campaign, led by Garbutt’s close friend, the aforementioned Jane Metcalfe, and his sister and brother-in-law, Sallie Wood and Mark Stilborn.
The catalyst for recent widespread coverage of the case is a third application to the miscarriage of justice watchdog, the Criminal Case Review Commission (CCRC). The first was submitted in 2015, the second believed to be in 2018. These applications followed an unsuccessful appeal to the Criminal Division of the Court of Appeal in May 2012. Three senior judges, led by Lord Justice Hughes, ruled that the conviction was ‘safe’.
Details of the previous Garbutt applications, and the CCRC’s Statement of Reasons for rejection, are scarce. On the campaign website there is a brief mention of the 2015 application being made, but nothing thereafter. Curiously, there isn’t a single mention of the specific grounds upon which those two prior applications were made, or why they were dismissed, in any of the multitude of press and television reports. The suspicion is, absent of explanation from the campaigners, that the grounds were not strong enough for the CCRC to even launch an investigation.
That surprising omission is a case in point in an ‘exclusive’ given to The Metro newspaper on 6th March, 2020. But, it appears, from reading Sam Corbishley‘s piece, that the grounds for the latest Garbutt application are as follows:
(i) DNA evidence: When the murder weapon, a 58cm rusty iron bar, was first swabbed, it was found to contain a full DNA profile belonging to an unknown male, and another which later matched one of the police officers present when it was discovered, PC Darren Thompson. The campaigners now suggest, following further testing, that the same constable’s sample could potentially be among a mixed profile, of at least three unknown males, recovered from a rust mark on a pillowcase in the bedroom where she was killed – despite the officer not being on duty when the scene was examined – suggesting key evidence may have been contaminated.
~ This part of the application may meet the test for ‘fresh evidence’, not before the jury at the murder trial, if the techniques for DNA profiling have changed since. Otherwise, the CCRC will, quite legitimately, ask why the testing was not carried out pre-trial and the issue of alleged cross-contamination raised there by the defence team. They will, one presumes, also look at what evidence was presented to the jury regarding the murder weapon, the competing arguments during closing speeches and how they were directed on the law on that specific item and, most crucially, whether the campaigners’ fresh information would have impacted on the jury’s route to verdict. The answers to those questions appear to be (a) The weapon has been tested post-facto by a different scientist with results that do not go much further than speculation. (b) The jury was aware that there was no Garbutt DNA on the weapon and there was DNA of the police officer, and at least one other unidentified male identified on it. The defence argued strongly that this was a crucial strand supporting Garbutt’s claimed innocence. (c) The jury was also aware of rust specks on the pillow and cross-contamination onto Garbutt’s clothing. The judge directed them to disregard that piece of scientific evidence. (d) The jury’s finding was that the armed robbery alleged by Garbutt didn’t take place. Largely, as a result, one might fairly infer, of hearing Garbutt’s testimony in the witness box. Which led, immediately afterwards, to the judge revoking his bail mid-trial. This new DNA evidence, if that is how the CCRC classify it, would make no difference at all to the verdict. Particularly, in the light of the DNA on the murder weapon not matching any biometric data on the Police National Computer (PNC). It would be highly unlikely that perpetrators of such a brutal, random, murder and armed robbery would make the quantum transition from ‘clean skins’ to serious, highly dangerous criminals in a single leap. It would also be at least as remarkable that they would have returned to a law-abiding life, having escaped detection from the killing of Diana Garbutt and a successful £16,000 raid on a rural post office.
Conclusion: It is doubtful that this ground would persuade the CCRC that the ‘reasonable prospect of success’ test is met and a referral of the case back to the Court of Appeal would be appropriate. It does, however, raise further grave concerns about the conduct of the police investigation [see also ground (iv) below].
(ii) Time of death: The food digestion scientist who gave expert evidence at trial, Dr Jennifer Miller, has since, the campaigners say, been contradicted by a Home Office pathologist. Jurors heard her proposition that Diana may have died between 2.30am and 4.30am. Well before the Post Office central locking system de-acivated the alarm and allowed the safe to be woken up, at 8.30am. Dr Miller’s report may have further persuaded the jury that Garbutt’s claims of a robbery gone wrong was false, but given that it concerned, bizarrely, the rate of consumption of a fish and chip supper there can be no certainty about that. Especially in the light of the other more conventional scientific evidence put before the jury. The expert now instructed by Garbutt’s legal team, Dr David Rouse, has concluded the time of death may have been much later than 4.30am – possibly even after 6.45am.
~ The matter of the timing of Diana’s death was well ventilated at trial. The key evidence was from the pathologist who examined Diana’s body at the scene, Dr Stuart Hamilton. He was a prosecution witness and gave testimony to the effect that death occured at least one hour before Diana’s body was discovered, and possibly, in the early hours of the morning. Cross-examined by defence counsel, he said that it was “reasonably possible” for death to have occured later. It also emerged that a second pathology report had been commissioned by the Garbutt defence team – and its conclusions were, more or less, the same. A short time after retiring, the jury asked to see the statement of a witness, Brian Hird, who said he heard Diana speaking through a closed door at 6.45am, even though he didn’t know her. As a matter of law, the request was refused, but the jury was plainly alert to the significance, or otherwise, of that evidence and, more widely, the other expert assessments concerning time of death. The new opinion does not appear to alter the position at all.
Conclusion: For all those reasons set out above, it is more likely than not that the CCRC will reject this ground.
(iii) Horizon Software scandal:
Defects in the Post Office’s Fujitsu-driven IT system culminated in them recently settling a high profile High Court case. A consolidated claim, brought by over 500 former postmasters and, unoriginally, known as The Post Office Group Litigation, was heard before Mr Justice Fraser and, ultimately, after a bitter fight, resulted in an award of £58 million in damages (read full judgment here). Although Robin Garbutt is not one of the 60 postmasters and postmistresses who applied to the CCRC, regarding criminal prosecutions brought against them following thefts alleged by the Post Office, it is said that his campaigners hope the added weight of the scandal will help force the criminal justice watchdog into action. 39 cases have already been referred by the watchdog to the Court of Appeal.
~ The attempt to piggyback the scandal by the Garbutt campaigners has been successful to a degree: Their latest application to the CCRC has attracted more press and television coverage than it might otherwise have done. The downside to the strategy is that the resort to leveraging public support in this way simply invites closer attention to how weakly grounded the rest of the application really is. On the The Justice Gap website, they report that the campaigners now assert that similarities in the Horizon failings existed in the Melsonby post office accounts at the material time. That is to say, in simple terms, the software showing more cash deposited in the safe than was actually held there, and the assumption by the Post Office, in all cases, that the difference was pocketed by postmasters. The difficulty for the campaigners, within the terms of this application, is that Robin Garbutt asserted that the sum in the safe – and allegedly stolen by the armed robber – tallied with the accounts. There was no apparent discrepancy. If there was no armed robbery and an empty safe, then the only explanation left is that Robin helped himself to the cash. The CCRC will also be alert to fact that he admitted false accounting during the course of his evidence (“not all the business [receipts] went through the till” he said under cross-examination).
Conclusion: Based on what is set out in the Court of Appeal judgment, regarding the impact on the jury of the Post Office evidence at the murder trial, and the applicable law regarding the proving of motive, this ground appears to be misconceived.
(iv) Television footage of West Road, Melsonby on 24th March, 2010:
This, apparently, shows the wall outside Nixon’s Garage (see blue map pin) where the murder weapon was found the following day. The iron bar is not there. A fact, it is said, confirmed by at least one journalist who sat on the same wall, as a vantage point, on that day. Bill Nixon says he had never seen the bar before on his premises, and that members of the press were stood on that section of wall taking photos. On some television footage, there appears to be a mobile police cabin (from which a forensic science officer emerges) positioned as close as six to eight feet from where the bar was found. It was more or less opposite the rear entrance to the Village Store and Post Office premises.
~ This, again, may meet the fresh evidence test. But the CCRC may adopt a counter argument and say: Why didn’t the defence team challenge more rigorously the peculiar circumstances in which the rusty iron bar was discovered? By, for example, obtaining police and press photographs, and TV film, between the pre-trial review on 28th September, 2010, when the existence of the weapon was first disclosed to them, and the start of the trial in March, 2011? The question is also likely to be asked by the watchdog as to why the journalist(s), or indeed the film crew, didn’t come forward with this vital information in the period between the time the discovery of the iron bar became public knowledge and the early part of 2020? A gap of over 9 years.
Nevertheless, the CCRC will have to anxiously consider these two competing arguments within their overall assessment of the application: (a) Campaigners rightly point to the flawed prosecution hypothesis regarding the murder weapon, in that Robin Garbutt had placed the iron bar on top of the wall after bludgeoning Diana, together with an oblique suggestion that he had scraped his knuckles, that morning, scaling the eight foot high wall. Those factors advance both the arguments that the case against him wasn’t entirely well grounded – and that he suffered further prejudice. (b) On the other hand, conversely and perversely, the absence of the iron bar, for two days after the murder, further undermines the claim, by Garbutt, that the murder was committed by an armed robber. It would be far-fetched in the extreme to expect a criminal of that class to, firstly, hold on to a weapon, with the victim’s DNA upon it (and possibly his own), then, secondly, stealthily return it to a position around 20 metres from the scene of the murder, two days later. Even without the latest evidence, the jury found that Garbutt had lied about the armed robbery and before that, the trial judge, Mr Justice Openshaw, was so concerned about his evidence in the witness box that he revoked his bail and had him remanded in custody for the remainder of the trial. There is, then, the matter of positioning this ‘new evidence’ in the matrix of (c) the overall police conduct of the investigation, which is covered in great detail in two earlier articles on this website: Is police impropriety a factor in the belated discovery of the iron bar so close to the murder scene? No doubt the North Yorkshire force will have plenty to say to the CCRC on that topic, with the considerable benefit of their submissions being made well away from public scrutiny.
Conclusion: This ground is the one that should trouble the independent reviewer the most, and is the only one that may go close to persuading the CCRC that the appropriate test is met. But, irrespective of the watchdog’s ultimate decision, as with ground (i) the latest mystery around the ‘discovery’ of the iron bar raises further serious concerns about the police investigation.
Will the CCRC refer the case back to the Court of Appeal
The key points the CCRC consider, in determining an application, are whether there is a ‘real possibility’ the appeal court would overturn a conviction, sentence or finding and whether this real possibility is due to evidence or argument (or in the case of sentences, evidence or information) which was not put forward in the trial or appeal. This is generally referred to as the need for ‘new [or fresh] evidence’.
‘Real possibility’ was assessed by the High Court in the case of R v CCRC ex
parte Pearson  1 Cr.App.R. 141 as being “more than an outside chance
or a bare possibility but which may be less than a probability or likelihood or a racing certainty. The Commission must judge that there is at least a
reasonable prospect of a conviction, if referred, not being upheld.”
The CCRC cannot perform a ‘re-run’ of a trial just because the evidence of the defence was not accepted by the jury and the evidence of the prosecution was. They have to be able to present to the appeal court a new piece of evidence or new legal argument, not identified at the time of the trial, that might have changed the whole outcome of the trial if the jury had been given a chance to consider it.
As set out in the previous Robin Garbutt articles on this website, the jury had two main points to resolve, the approximate time of the murderous attack and did the armed robbery actually take place? The Court of Appeal, in 2012, was asked to rule on new evidence brought before them. This was Post Office Ltd records dating back to 2004. At trial, only the records dating back to 2009 were made available to the defence. There was also new evidence, of marginal significance, in regard to variable limits for cash requests, made by postmasters to HQ, which would trigger an enquiry or request for justification. The appeal court ruled that the conviction was not unsafe, as the Garbutt legal team argued. Lord Justice Hughes underscored the jury decision, with comprehensive reasons set out in six lucid paragraphs (26 to 30 in the judgment), that the robbery did not take place, and was one in which they would be very slow to interfere. Those reasons included three generous assumptions in Garbutt’s favour.
Taken individually, or together, the grounds in the latest CCRC application do not appear, from what is in the public domain, to be compelling enough to meet the real possibility test of overturning that finding by both the jury and three law lords. It is also clear from the action taken mid-trial that Mr Justice Openshaw did not believe Garbutt was telling the truth, either.
The overall conclusion, therefore, is that Robin Garbutt and the campaign team face further disappointment. One that is completely at odds with the bullish statement of solicitor, and honorary QC, Glyn Maddocks: ‘The way in which the forensic work has been handled and dealt with is disgraceful. It’s absolutely disgraceful and no-one could possibly argue otherwise’. He adds, ‘It’s just such a shocking case. If it was you, or your relative, you’d be absolutely horrified.’ With the key planks of the original prosecution case having seemingly disintegrated, Mr Maddocks says he is not even sure the Court of Appeal would pursue a retrial if the case is referred back to them.
One thing is abundantly clear; either lawyer, Glyn Maddocks, or journalist, Neil Wilby, will have egg on their face when the CCRC make their decision. The reader can take their pick. But, either way, the public deserve to know, and understand fully, what went wrong with this investigation and why.
Oversight of North Yorkshire Police and the Robin Garbutt investigation
Two of the principal reasons that North Yorkshire Police staggers from crisis to crisis, and from one bungled major investigation to another is a complete lack of oversight from those either elected to provide it, or paid from public funds to do the job.
North Yorkshire’s Julia Mulligan is amongst the four worst police and crime commissioners in the country (two of her friends and policing area neighbours, Barry Coppinger and Mark-Burns-Williamson, also feature in the list) providing almost ZERO oversight. Since she was elected in 2012, in almost every serious situation requiring the holding of the chief constable to account, she has failed miserably. It is a startling dereliction of her statutory duty and one of the reasons that grandees in the Conservative Party decided to unceremoniously dump her as their candidate for the next election.
The top brass in NYP just do as they like, knowing that she has neither the basic knowledge of policing (she was a car salesperson and a media strategist before entering full-time politics) or, more crucially, the will to take strong action.
The so-called police watchdog, the Independent Office for Police Conduct (IOPC), is already widely regarded as even worse than its failed and disgraced predecessor, the Independent Police Complaints Commission (IPCC). There has always appeared to be a special relationship between the regional office of the IOPC/IPCC at Wakefield and North Yorkshire Police, whereby even the worst cases of misconduct, or even criminality, are whitewashed away.
Completely divorced from the latest CCRC application, and in order to maintain public confidence in the police, this murder investigation, codenamed Operation Nardoo, really ought to be referred, urgently, to the IOPC by the police commissioner, who should in turn request Her Majesty’s Inspector of Constabulary to recommend an external metropolitan police force, such as Northumbria or West Yorkshire, to thoroughly review the case from start to finish – and re-open it at any time if that is where the evidence takes them.
When will Robin Garbutt be released from prison
In April 2011, he was sentenced to life imprisonment with a recommendation that he serve not less than 20 years. He will receive credit for the time he spent on remand at HMP Holme Hall between the committal hearing at Northallerton Magistrates Court and the pre-trial review at Teesside Crown Court. There will also be a credit allowed for the time he spent on remand, during the latter stages of the murder trial, after the judge dramatically revoked his bail.
Garbutt would be eligible for parole, therefore, near the end of 2030, under normal circumstances, and provided he had undertaken the necessary rehabilitation programme. The difficulty he faces is that, if he continues to protest his innocence, the parole option falls away and he faces the rest of his life in jail. He would also be denied the opportunity for his detention to be re-classified from the high security Frankland jail to a less rigid regime and, ultimately, an open prison in preparation for a phased release back into society. That prison holds some of the most dangerous offenders in the country.
After a failed criminal court appeal, and three subsequent applications to the CCRC, it is difficult to see how the campaign can sustain if the latest incarnation is also refused. As seems more than likely for all the reasons rehearsed in this article.
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 Campaign has been exposed, in the course of this investigation, as more white noise than substance. Jane Metcalfe, in particular, whose true attachment to Robin Garbutt she has yet to reveal, is very active on social media and her output is almost entirely confined, in terms, to ‘There is nothing left of the prosecution case’ (without, it seems, understanding what, precisely, it was); ‘Robin is such a nice man he couldn’t possibly have killed Di’ (every single person at trial spoke well of him so there is some substance to that) and, absurdly, ‘Robin Garbutt has always told the truth‘. The latter is, as Sir Peter Openshaw DL (as he is now styled) and senior Crown Prosecutor, Xanthe Tait, observed from their privileged vantage points, a grotesque misrepresentation: He lied to the police; he lied on oath in court and his evidence before the court was, in other aspects, repeatedly unimpressive. Particularly, the belated embellishment in court of accounts he had had given to the police, previously, over many hours of interviews, regarding Diana calling out to him through a closed door and the description of the weapon.
Those characteristics chime with the campaigners‘ modus operandus of ignoring and/or denigrating anything, or anybody, that doesn’t conform to the Garbutt innocence narrative. Including the author of this piece and the CCRC. This behaviour concerns me, having never encountered anything like it before (read more here). The unpleasantness and ready resort to personal abuse by such as Michael Naughton, a private investigator who describes Robin Garbutt as his client, simply adds an even bigger question mark to their activities. If a group is campaigning against a miscarriage of justice then a foundation stone has to be an open book policy, nothing to hide. There is only one version of the truth.
On another troubling tack, Mark Stilborn publicly claims that the Garbutt case is the worst miscarriage of justice he has ever seen. Which begs the question of how many has he actually studied, with the appropriate rigour and objectivity, and how is he is qualified to judge, in any event? On this website there is a very widely read and shared piece concerning a genuine miscarriage of justice that appears to have passed Mark by; the utterly tragic case of Stefan Kiszko (read in full here). A case that, for many years, has been recognised as one of the worst in criminal justice history. On any independent view, Robin Garbutt’s case comes nowhere close. He is, largely, the author of his own misfortune.
The adverse impact on Diana’s family caused by this style of campaigning, headed of course by her mother, Agnes Gaylor, is incalculable. They thought they had closure at the trial; Agnes is is no doubt, whatsoever, about the verdict that marked her son-in-law as the perpetrator of the murder of her daughter. She said recently that she attended every day at the trial and tried to put herself in the place of a juror with an open, independent mind considering only the evidence she had heard in court. The conclusion was inescapable.
This series of articles, of over 40,000 words, are the fruits of an open-minded, independent investigation. They have been almost entirely grounded in the summing up of the trial, running to 106 pages; the Court of Appeal judgment; and piecing together what key witnesses said, verbatim, from contemporaneous newspapers reports during the trial. The entry point was my unique knowledge of the shortcomings of the police force that investigated this shocking crime. The miscarriage of justice campaign seemed credible enough in the beginning, but that confidence soon ebbed away as straight answers to straight questions were repeatedly ducked.
After spending well over 400 hours on the case since January 2020, my conclusion is that Garbutt did not tell the truth about a number of key issues, the central one being the armed robbery. I cannot be quite so emphatic about whether he actually struck the fatal blows to his wife’s head. But if he didn’t, then he knows who did. Otherwise, why invent the robbery story?
Finally, the justice campaigners, and those that blindly support them without being adjacent to the facts, would do well to better understand that Robin Garbutt is not the victim in this case. That mantle, very tragically, falls to Diana and her close family. Nobody twisted an arm to invent the story of the robbery, without which he would probably not have been convicted of the murder of his wife.
Page last updated: Thurssday 2nd July, 2020 at 0810 hours
Photo Credits: ITV News, THIIS.
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