IS ROBIN GARBUTT INNOCENT?
This looks like one of those cases where a story got invented before anyone did any real investigating, and everything that has surfaced since keeps confirming how flawed that story was from the start.
In March 2010, Diana Garbutt was bludgeoned to death above the small Post Office she ran with her husband Robin Garbutt in Melsonby, North Yorkshire.
Robin Garbutt has spent over 15 years in prison for now. No DNA puts him at the scene. No DNA is on the weapon that killed her.
The only DNA on that weapon belongs to Diana Garbutt and a North Yorkshire Police
@NYorksPolice officer, not her husband. Strip away the theories and that is the entire physical evidence trail, and it does not point at Robin Garbutt.
Robin Garbutt told police an armed robber forced him to open the safe, took £16,000, and vanished before he ran upstairs and found his wife dead.
Robin Garbutt called 999 himself.
Prosecutors didn't believe him. They told the jury he staged the whole robbery, that he had been stealing from the branch for months, and that he killed Diana Garbutt the night she found out.
Part of that theft story came straight from the Post Office
@PostOffice's own Horizon accounting system, built by Fujitsu
@fujitsu_uk, the same software that has already wrecked hundreds of innocent postmasters' lives across the country.
If Post Office lied to hundreds of other people, there is no reason to assume it told the truth about Robin Garbutt.
In April 2011, a Teesside Crown Court jury split 10-2 and convicted Robin Garbutt. Life sentence, 20 years minimum. No DNA linked him to the murder. No DNA linked him to the murder weapon either.
The metal bar used to kill Diana Garbutt was found 2 days later on a wall across the road, and the DNA on it belonged to Diana Garbutt and the North Yorkshire Police
@NYorksPolice officer who picked it up.
Read that again. The weapon that ended a woman's life carried the fingerprint of the investigation, not the man accused of swinging it.
Robin Garbutt has applied to the Criminal Cases Review Commission
@ccrcupdate 3 times. Rejected 3 times. The final rejection, in 2022, said the Horizon figures were not essential to the murder conviction anyway, so it apparently didn't matter that Horizon has been proven wrong in hundreds of other cases.
He is now on his 4th attempt, and this time the CCRC says a review is genuinely underway. A Sky documentary put the case back in front of the public. Lee Castleton, one of the best known victims of the Horizon scandal, publicly backed a retrial and says it deserves to be put in front of a judge again.
Diana Garbutt's own mother still believes Robin Garbutt is guilty, and that is her right as a mother. But belief is not evidence, and the evidence here does not hold up. A man has spent over 15 years in prison on a case with no forensic link to him, built partly on a computer system already proven to lie.
If Post Office investigators, Horizon data or the same discredited processes touched a conviction, theft or murder, that conviction deserves fresh eyes.
Every case where Post Office scandal actors played a part should be re-investigated or quashed, not just the ones tidy enough for a compensation scheme.
Post Office is 100% state owned. So if you're hunting for someone to blame beyond a rusty metal bar, the government owns a share of this one too.
SOURCES
@BBCNews,
@yorkshirepost,
@LBC,
@ccrcupdate