‘A regrettable lack of professionalism’

In an article published recently on this website, ‘That dubious constabulary merits careful investigation‘ (read in full here) a section referred to a number of catasrophic investigative failings, by North Yorkshire Police, following the murder of Diana Garbutt at Melsonby post office in March 2010.

Her husband, Robin Garbutt, was convicted in Teesside Crown Court just over a year later. He was sentenced to life imprisonment and is currently held in a high security jail near Durham, HMP Frankland.

The case has, over the years, attracted a large amount of publicity, most recently as a result of a third application to the Criminal Case Review Commission. He continues to protest his innocence.

This is an amplification of the catalogue of blunders from the previous article (the numbering of the paragraphs is the same):

(i) Police claimed a soiled, bloodstained pair of boxer shorts found in an outside rubbish bin belonged to Robin Garbutt. They belonged to a neighbour. This ‘evidence’ enabled the police to persuade Northallerton Magistrates’ Court to refuse bail at the committal hearing and have Garbutt held on remand at Holme Hall prison. Garbutt had protested vehemently they were not his. A matter that could have quickly, and easily, been checked, by the police, if they had checked the size, they were too big. Had they needed to, of course. It also later transpired that the shorts had been found in the neighbours’ bin, not in the one used by the Garbutts. This does not go to the guilt, or innocence, of Garbutt, but revealed a troubling, prejudiced police mindset against him that threads through the investigation all the way to trial.

(ii) An iron bar – said to be the murder weapon – has caused consternation over the years, 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 – and only at the insistence of the Crown’s barrister prior to the pre-trial review in September, 2010. Until that hearing, the defence were completely unaware of the murder weapon. The fact that a police officer’s DNA showed up on the bar was also, at first, concealed from Robin Garbutt’s lawyers. The officer involved in the discovery of the iron bar on 25th March, 2010 did not make a witness statement until 12th October, 2010.

The bar has Diana’s DNA on one end, the DNA of the police officer at the other end and the DNA of one other unknown male is also present. There is no DNA of Robin Garbutt on the bar, a point upon which the Garbutt campaigners, quite rightly, place great emphasis. When it was first forensically examined, the officer’s DNA was also classed as an unknown male DNA. The Police Forensic Scientist, Sarah Gray, clearly states that the DNA on the bar is in keeping with the carrier not wearing gloves. Once it was established that DNA on the bar was linked to a North Yorkshire Police officer, the forensic expert made a supplemental statement to say the DNA could have been transferred onto the bar through cross-contamination. This sequence of events is concerning on any level. But there is more.

The police officer whose DNA is present on the rusty iron bar, PC Darren Thompson, says he cannot remember which of his colleagues he was paired with during the search, but he can remember the colleague who first found the bar and called him over to it. The officer can also remember which of his other colleagues was talking to garage owner, Bill Nixon, as he was also part of that conversation. He assumes there would probably have been another colleague present whilst searching, as they always search in pairs, but he cannot recall who that was. This begs the obvious question of why pocket note books, or duty rosters, or the policy book was not checked. Mr Nixon told the court at the murder trial that he had never seen the bar before on his premises. He also asserted that members of the press used that section of the wall as a vantage point for taking photos of the scene outside the post office.

On Friday 26th March, 2010, a local newspaper reported that underwater search teams had been focusing on a beck and gullies for evidence of a discarded weapon and bin collections had been suspended in the village. Other searches had been taking place in the area and motorists were being stopped and questioned by officers. Some of this activity appears to have taken place after the alleged discovery of the iron bar the previous day.

(iii)  Much has been written already about the strands of hair recorded on camera by a Crime Scene Investigator, on the morning of the murder. They were on a pillow, next to a bloodied hand print. They never made it to the forensic science labs after being captured on scenes of crime photographs. A DNA expert, under cross-examination at the subsequent murder trial, said it could have given DNA evidence [if the follicles were present] to prove that there was someone else in the bedroom, and that Robin was telling the truth. This clump of hair was allegedly lost by North Yorkshire Police. It is clear from the photographs that the clump is not the colour of Diana’s or Robin’s hair.

This is not new evidence and will not assist the Garbutt campaigners in the third application to the CCRC. Indeed, I would go further and say that it is very unlikely to have been pulled, by a drowsy female in her night attire, from the head of a man wearing a balaclava, holding an iron bar as a weapon in a surprise attack. With an accomplice, according to Robin Garbutt’s account, equipped with a handgun.

There is also the possibility that it was not even human hair. Or planted there to cast suspicion away from the killer. We will never know.

The claimed loss of this potentially case changing exhibit, by the police, is seriously troubling, altough to one with an in-depth knowledge of this particular force, not entirely surprising. Anyone with basic knowledge of preservation of a crime scene, handling of evidence and continuity, will know that evidence does not disappear without trace, or satisfactory explanation. It needs a willing hand to do so. At the end of the trial NYP should have referred its disposal to the police watchdog, and another force appointed to criminally investigate what has the appearance of an attempt to pervert the course of justice. Perhaps, a more robust approach from Mr Justice Openshaw (as he was then) would have ensured that happened?

(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. They say that the policeman’s DNA found on the bar may also have transferred onto the pillow near the bloodied head of Diana Garbutt. Rust samples were found in her matted hair.

(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. At trial it was heard that there was no disturbance at all in the bedroom where Diana died, she was struck as she lay sleeping. Campaigners now say, reported by The Justice Gap, that they were picked up from the floor. This is, curiously, at odds with what is reported on the Robin Garbutt Official website.

Screenshot 2020-04-13 at 11.51.48

(vi) A bedside mirror and carpet beside the bed were also not tested for blood spatter say the campaigners. 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. Police recovered some wrappings from an external bin. The actual wrappers were still in a waste bin inside the house. 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. It did not emerge at trial why these questions were asked but were likely to have been for entry onto the HOLMES major enquiry database. Another line of enquiry was that there was a ‘swingers club’ in the village.

(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 driving erratically 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, via Darlington, 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 whom, variously claim, pictures were knocked over and two bedside lamps were also knocked over.

(xii) A heavy knit balaclava and a ball-bearing handgun (these replicas are usually indinguishable from the live round-firing versions) 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 and armed robbery.

(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, Dr Jennifer Miller. She calculated a time of death between 2.30am and 4.30am based on rate of consumption of a fish and chip dinner eaten by the couple on the previous evening.

(xiv) Neighbour Pauline Dye was allowed to wash her bloodstained hands in the Garbutts’ bathroom sink after handling the body of Mrs Garbutt. This, yet again, demonstrates a baffling lack of understanding of the the importance of crime scene management or even basic policing procedure.

At the murder trial, Mr Justice Openshaw said during his summing-up that the police’s management of the crime scene showed ‘a regrettable lack of professionalism‘. He was being generous, on any independent view. There is no evidence that he wrote to the chief constable either during or after the trial to request an enquiry into these failings. If he didn’t, then he failed in his public duty to maintain confidence in the criminal justice system.

Efforts to establish whether a review into the actions of Senior Investigating Officer, Detective Supertindent Lewis Raw, and the rest of the Operation Nardoo team, was ever carried out has, so far, produced no meaningful response from North Yorkshire Police (read here).

From a personal standpoint, I can say with some certainty that policing chaos appears to run in the family. His brother, Allan Raw, was an inspector in the infamous Professional Standards Department in West Yorkshire Police in 2010 (the year his brother played a leading role in the bungled Garbutt murder investigation) when I had extensive dealings with him over what one might consider a simple, straightforward issue: If three police officers each give a different account of the same event, how many are telling the truth? His answer of ‘all of them’ was unsustainable on any independent view.

As discussed in the fourth article in this series (read in full here), this dreadful catalogue of police failures warrants further investigation in order to maintain public confidence in the police and the criminal justice system.

Readers may be assisted by referring to an at-a-glance timeline of the key events before and after this troubling crime. Read here.

Page last updated: Monday 13th April, 2020 at 1600 hours

Photo Credits: ITV News, PA, Daily Mail.

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

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© 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.

Fourth time lucky?

This is the fourth in a series of five 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 investigationhere.

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.

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, Jane Metcalfe, and his sister and brother-in-law, Sallie Wood and Mark Stilborn.

Robin Garbutt campaigners - ITV package
Jane Metcalfe (left) discussing the case with fellow campaigners during a televised interview with ITV reporter, Jon Hill.

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 dinner 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 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 56 postmasters who applied to the CCRC, regarding criminal prosecutions brought against them, following thefts alleged by the Post Office, it is said 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 gate of the Village Store and Post Office premises.

Screenshot 2020-04-07 at 20.08.22

~ 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 10 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 [2000] 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 re-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.

Screenshot 2020-04-08 at 11.38.36
Interior view of HMP Frankland

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.

Timeline

An at-a-glance timeline of events leading up to the murder and all that happened since can be viewed here. It is the fifth of five articles published so far.

Footnote

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.

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 almost 20,000 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 ducked.

After spending well over 300 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: Wednesday 20th May, 2020 at 0820 hours

Photo Credits: ITV News, THIIS.

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© 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.

 

 

Where there’s a Will there’s a way

Over the past two years, I have had a considerable amount of dealings with Will Naylor in his role as Chief of Staff to the Police and Crime Commissioner (PCC) in North Yorkshire. He is a personable man, generally courteous and, mostly, helpful insofar as the limitations of his present role allow.

Will appears popular with both the PCC and the two of his staff with whom I have the most dealings, Digital Engagement Officer Simon Jones and Caseworker, Sheree Evans. It is also to Will’s credit that Simon and Sheree are a reflection of himself as polite, largely helpful public servants. There is also a good ‘feel’ as visitors walk into the their HQ in Harrogate, which is usually a sign of a happy, functioning team. (Since this article was first written Sheree has now left the PCC’s employment in a sudden, unexplained departure).

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‘House of Secrets’? Only a small sign on the front of the building reveals that it is the NYPCC headquarters in leafy Granby Road, Harrogate.

But, for all of that, it came as something of a shock when I saw that his name had been put forward as the preferred candidate for the newly created position of Deputy PCC. The concept of feather duster to peacock immediately sprung to mind.

Setting aside his present, or future, capabilities for the job, I couldn’t visualise the transition from a virtually anonymous, innocuous office manager role to the PCC’s Deputy. Type ‘Will Naylor‘ into Google and you learn nothing. No image, no background, no colour, no public persona. Nothing. It is as though he landed at PCC HQ from Mars.

Whereas, according to the perpetually unreliable PCC website, he arrived from the office of Helen Grant, MP for Maidstone, whose relatively short incumbency in Parliament has been dogged by controversy. It will come as no surprise that they have included expenses and staffing scandals [1].

Rather more surprising is that Will is described on the PCC’s website as Mrs Grant’s former chief of staff. The local Kent press described him as her parliamentary assistant. The Independent Parliamentary Standards Authority website clearly shows that there is no such recognised position as chief of staff in an MP’s office. So who is kidding whom?

Also, my understanding of the legislation (section 18 of the Police Reform and Social Responsibility Act 2011) is that a PCC cannot appoint a member of his/her own staff as a Deputy PCC, a point taken up by others, to some effect, later in the process.

There had been considerable controversy when a rather better known Labour policy wonk, and failed MP candidate, Isabel Owen, made the transition from working as a ‘consultant’ for the PCC, in neighbouring West Yorkshire, to Deputy PCC [2]. It didn’t harm Ms Owen’s cause that she is married to Peter Nicholson, the Regional Director of the Yorkshire and Humber Labour Party.

Interestingly, one of the key facilitators of Will Naylor’s candidacy, interim NYPCC chief executive, Fraser Sampson, was also closely associated with the Owen appointment in his role as WYOPCC’s substantive, and hugely rewarded, chief executive.

Some have argued strongly against the need for such a Deputy position in North Yorkshire, such as the Police Federation’s voice in the county, Mike Stubbs. He says the timing is ‘unfortunate‘ and there are ‘damaging perceptions of cronyism and jobs for the boys‘ around the appointments of Deputies.

I am not in that group. Having seen the level of her own personal commitment, and the number of hours Julia Mulligan puts into the job, I take the view that if she is able to weave such a role into her office costs budget there are significant operational benefits in having a reliable Deputy to take on some of the more time-consuming parts of the PCC’s remit, such as constituency surgeries.

Whether Will Naylor is the right man remains to be seen. A key reservation would be, in my own experience, is that, like Julia, awkward issues are invariably fudged away, or ducked altogether. A very vivid example of this is the nationally-known scandal over Operations Rome and Hyson. About which, much has been written elsewhere.

Between the two of them, I have never once heard, or read, any criticism whatsoever of the chief constable, or the shortcomings of his force, over whom they have holding to account responsibility. Either publicly, in meetings, or in correspondence.

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Chief Constable Dave Jones in a familar PR pose with PCC Julia Mulligan. Jones has escaped any criticism from Mrs Mulligan since his appointment in April 2013, but both face three emerging scandals concerning: the infamous  ‘Pink Gun’ tribunal case; a Court of Appeal judgment over a failed rape case that was scathing about both Jones’ and the force’s conduct; and a third matter, also concerning a failed rape case in which the victim has been treated poorly by both the force and PCC.

It is a statutory requirement that a confirmation hearing takes place, once a PCC decides on his/her preferred candidate for Deputy Commissioner. This is part of the remit of the Police and Crime Scrutiny Panel (PCP) and an agenda item was set aside for the purpose at their meeting on 6th October, 2016. The full agenda for that meeting, including some interesting background papers relating to the appointment process can be read here [3].

The report that flowed from that hearing, also a statutory requirement, was published on 19th October, 2016 [4]. It revealed a surprising amount of rigour, for a committee noted in the past only for its torpor, and the findings were very much in line with my own views.

Will Naylor was recommended by the Panel only by a majority verdict – and provided certain conditions are met. That is unsurprising, given some of the questions that were asked of him by the Members and the obvious flakiness of some of the material presented, both by Julia Mulligan in her own report on the recruitment process, and Will himself in his personal statement, which was absent, for example, of any substantive details of qualifications, previous employment and relevant experience.

It can be seen from their report that the Panel challenged the preferred candidate in a number of key areas. Particularly his professional competence, personal independence and experience in a public-facing role. The outcome being that there are considered to be  ‘gaps’ in his competencies and doubts about his independence – and the Panel require a Personal Development Plan (PDP) in place if the PCC can demonstrate that the appointment is, indeed, lawful and she formally offers the position to Will Naylor, once he has resigned his post as Chief of Staff.

However, to my eye there were also some obvious shortcomings in the Panel’s report: The number of candidates who applied and were then, subsequently, interviewed is not disclosed. Or declared by the PCC in her report. That is now the subject of separate information requests to both the PCC’s office and the PCP, after repeated refusal by Simon Jones (presumably acting on istructions from above) to provide that information via Twitter. This in spite of the written claim made by Julia Mulligan to the Panel that the recruitment process was ‘open and transparent’.

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Twitter interchange with Simon Jones (no relation to chief constable) who is the PCC’s Digital Engagement Officer and runs their Twitter account which has, since November 2012, accumulated just 2,350 followers. Many of them outside of North Yorkshire’s pool of  602,000 constituents and 1,500 police officers and staff.

There is also mention in the PCC’s report of a well qualified pool of candidates applying for the post, who met all the selection criteria, and Will being the best of the bunch. That on it’s face appears counter-intuitive, given the potential shortcomings in his candicacy highlighted in the confirmation hearing. Put shortly, it doesn’t add up.

There is also no mention of his CV, or previous employment references being taken up, or whether they were satisfactory. Although this may well be covered under the ‘vetting’ procedure.

The freedom of information finalisation [5], which came 26 days after the questions were first asked, has now opened up other interesting lines of enquiry into this selection process [6]. What is now known is that there were, allegedly, 16 candidates who responded to a single, small press advert in The Guardian, costing just £900. The job was not advertised in the conventional outlets for recruitment advertisements of this nature, the Yorkshire Post, Northern Echo or York Evening Press, which would strike most commentators as odd, to say the least.

Of the 16 whom expressed interest, 4 were selected for interview by an unnamed ‘Selection Panel’. Curiously, two did not appear before the interviewing panel. This left Will Naylor and one other. The rest, as they say, is history. Of the interviewing panel three were past or present close working colleagues of Will’s: Julia Mulligan, the aforementioned Fraser Sampson and Simon Dennis. The latter had orchestrated the entire selection process at the invitation of NYPCC. Simon is also featured in another article on this website [7]

So, it seems, where there’s a Will there’s a way to make him your Deputy if, of course, your name is Julia Mulligan and you have the backing of Chair, Carl Les, and the Conservative hardcore on the Panel. Even if it means bending the law – and not quite being as frank as you ought to be about the recruitment process.

But, good luck to Will. He may yet turn out to be the people’s champion on policing matters in North Yorkshire, and be the first to stand up to some of the wilder excesses of the chief constable. In his personal statement to the PCP he cited, quite oddly, that he wanted to ensure that harassment allegations were investigated much better by the police. Perhaps he was mindful of this case [8] which has caused the PCC’s office and the force so much damage to their good standing?

Page last updated Saturday 5th November, 2016 at 1150hrs

Annotations

[1] Wikipedia: Helen Grant MP

[2] Yorkshire Post 11th April, 2013: ‘Police role given green light after crony row’

[3] North Yorks PCP 6th October, 2016: Meeting agenda including Deputy PCC papers

[4] North Yorks PCP 19th October, 2016: Report on Deputy PCC confirmation hearing

[5] What Do They Know 12th October, 2012: ‘Appointment of Deputy PCC’

[6] What Do They Know 2nd November, 2016: ‘Appointment of Deputy PCC’

[7] Neil Wilby 22nd May, 2016: ‘The Inn of Last Resort’

[8] Private Eye 31st August, 2016: ‘North York Boors’

Corrections: Please let us 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.

Copyright: Neil Wilby 2015-2016. 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.