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00:00Transcribed by ESO, translated by —
00:30Transcribed by ESO, translated by —
01:00Transcribed by ESO, translated by —
01:29Transcribed by ESO, translated by —
01:59The husband of North Yorkshire postmistress, Diana Garbutt, has been charged with her murder.
02:05Robin was devoted to her. She was his world.
02:11People do believe that the police don't get it wrong, and the police do get it wrong.
02:17Robin Garbutt continues to claim he's the victim of a robbery and now the victim of a miscarriage of justice.
02:24Lawyers for a former sub-postmaster from North Yorkshire are seeking a fresh appeal after arguing that the inquiry into the post office IT scandal shed new light on his case.
02:33I looked at the statements from the post office officials and immediately I said, well, hang on a minute. In my opinion, there's another side to this story.
02:42The information created by the Horizon system should not be used in any criminal case.
02:49Hundreds of sub-postmasters were wrongly convicted of stealing from the post office.
02:54Robin Garbutt may be the most egregious miscarriage of justice stemming from the post office scandal.
03:00With your honor's leave, I call the witness, Robin Garbutt.
03:24Robin Garbutt met Diana in 1999.
03:40The couple moved together to buy and run the Melsenby shop and post office near Richmond, North Yorkshire, in March 2003.
03:50It was a joint idea to buy the post office.
03:54We were engaged and planning our wedding.
03:58I worked a tremendous amount of hours.
04:01Diana didn't work nine to five either.
04:04We wanted a business where we could be together.
04:15Melsenby is a lovely village.
04:18It's a lovely place to live.
04:20The post office was the hub.
04:24It was the community, conversation, catching up, finding out what was going on.
04:29That was where it was, where it happened.
04:34When Robin and I moved to the village, obviously it was a bit of a thing.
04:37Oh, we've got new post office people, wonder what they're like, are they going to change anything, you know, are they going to get involved with the village?
04:48I met them and they were a very good couple laughing, just like any other couple, the banter.
04:55It's settled in really well.
04:57Robin just has a knack of getting on with anybody.
05:02We built up a friendship quite quickly and I used to go around to the shop most nights when I got home from work.
05:10Yeah, it was a bit of a standing joke, really, because if I didn't know where he was, he was always in the shop sat on the stool talking to Robin.
05:21We'd just chat and people would come and go and so you'd have a little bit of conversation with them as they came in and out of the shop as well.
05:29So, yeah, it was good.
05:30They fitted into our crowd really well.
05:36Robin's sense of humour was really good.
05:40We were all very close friends, going to each other's houses.
05:45You know, we'd go down to the pub.
05:47Robin might leave early, leave and die in the pub.
05:50She didn't go to bed early or anything.
05:53She wasn't there first thing in the morning when I went to work.
05:55She wasn't... She never got up early.
05:57She never came downstairs very early at all.
06:09Ambulance, what's the address of the emergency?
06:12It's the call shop to East Road, Melton Bay.
06:16The wife's been attacked.
06:17She's been attacked? Is the attacker still nearby?
06:20No, no, no, no, he's gone.
06:22Were there any weapons involved or mentioned?
06:24I think the guy with me, he had a gun and he said to me...
06:30He had a gun, sir?
06:31The guy with me said he did have a gun and he said,
06:34don't be stupid, we've got your wife.
06:38She's gone, I've come upstairs.
06:40Has your wife been shot?
06:42I don't think, I don't know, I would have hit a gun.
06:44I don't know.
06:45You don't know what's happened and that's fine, sir.
06:47She's dead, she's not moving at all, I'm telling you.
06:52OK, sir, is there any way you can pull her arm?
06:56We need to get her flat on her back.
06:58OK, let's go down, yeah?
07:00Yep, yep, that's fine, I'll stay on the phone.
07:02Oh, my God.
07:03Here you go, Ty.
07:04Here you go, Ty.
07:05Oh!
07:06You're doing really well, sir.
07:15Oh, boy, there's blood everywhere, the stairs are terrible.
07:20We're on the way to you, I'm in emergency now.
07:26I was a traffic constable based at Richmond.
07:29I was on duty alone on March 23rd
07:32when a report came in of an attack at Nelsonby Post Office.
07:38I came off the A66 and drove down Moore Road.
07:42I saw nothing that caused me any concern.
07:45There were several members of the public in the area.
07:48On arrival, the front door of the post office appeared to be locked.
07:52I went round to the rear of the property.
07:54The door was open.
07:56I went up the stairs.
07:58Ambulance crews were close behind.
08:00I stopped at the door, and the ambulance man went in.
08:05Please help.
08:06Sir, could you come back to the telephone for me?
08:08Good.
08:09Here, you have the ambulance.
08:12All right.
08:13All right, Tom.
08:13This is Diana.
08:15What's that thing?
08:16All right, people have been out of the robbery.
08:18And, er...
08:20The traffic people said, er...
08:22Er, don't you be so big?
08:24Oh, you've got your wife?
08:25Yeah, hello there.
08:26Hi, I'm only hearing.
08:28How long have you been out there?
08:28I've only...
08:29I've only just...
08:30Four times...
08:31Five, ten minutes.
08:33Five, ten minutes.
08:35Yeah, what's your job?
08:37I don't know if...
08:38I've never heard my guns.
08:39Is she all right?
08:41All right.
08:42Tell me, tell me, tell me.
08:43P.C. Marlowe had arrived moments before me.
08:52I made notes later on on when I took Mr. Garbutt downstairs to the kitchen.
08:57I gave Mr. Garbutt some water.
09:00The neighbour, Mrs. Dye, was there.
09:03I asked for descriptions.
09:05We needed information to catch the assailant.
09:07Mr. Garbutt said he got up at about 4 a.m.
09:14He opened the shop at 4.30 and brought in the papers.
09:18The first customer was at 4.45.
09:22Mr. Garbutt waited for the safe to open at 8.30.
09:26At around 8.30 a.m., he became aware of man in shop.
09:38I heard the door open and saw a man.
09:42He was wearing a black mask and a navy blue sweatshirt and dark jeans.
09:47He had a gun down to his side and a hold-all.
09:50He said, don't do anything stupid, we've got your wife.
09:57Turn off the lights and lock the door.
10:08So I've looked out of the window.
10:11It's almost that kind of disbelief.
10:17What is going on?
10:18Why are all these vehicles here?
10:21Why are all these people invading our beautiful village?
10:25I don't know what's happened.
10:27It was an armed raid this morning, apparently.
10:28Oh, my God.
10:31That doesn't happen here, does it?
10:33Crikey.
10:34Goodness me.
10:37Nobody had any answers.
10:38Nobody knew anything.
10:40Everyone was speculating about what happened.
10:43And I was like, well, who is it?
10:45We didn't even have an idea.
10:46A very small village, a couple of roads in and out.
10:51Police got there very quickly.
10:53But in that time before ourselves and the paramedics got there, somebody must have seen something.
10:57There's not a lot of traffic there.
10:58There's a lot of people going into the shop, but there's not a lot of vehicular traffic.
11:01So we're hoping that somebody did see something.
11:05We were just on tenterhooks all day.
11:08And eventually, in the afternoon, they came and told us all that Di had been killed.
11:18And I just remember dropping to the floor and crying and just saying, no, you know, this isn't happening.
11:32How on earth do you even start to begin to, you know, to come to terms with that?
11:40You know, she was one of my closest friends.
11:45She can't be dead, you know, she couldn't be dead.
11:48What on earth was happening, you know?
11:52Sad, very, very sad.
11:54Yeah.
11:55Very sad.
11:57Very well known and very well liked.
11:58Very well liked.
12:00Everybody liked them.
12:01Yeah.
12:04Just can't believe it, you know.
12:06We're just a little tiny village.
12:09It's just horrible.
12:10I just don't know what he'll do.
12:11He absolutely adored her.
12:14Absolutely.
12:17It was just shock.
12:19And the first thing you sort of think, is Robin okay as well?
12:23Where is he?
12:24What, where was he?
12:25What happened?
12:26You know, you have no answers.
12:34The first thing he said to me straight away was,
12:38don't do anything stupid, we've got your wife.
12:44And he said, turn the lights off and lock the door.
12:49And he said, put the money in the bag, I think, I'll put the money from the safe, put the money in the bag, I think he said.
13:02I went there and I put the money in the, put the money in the, the whole door, handed him the bag, I think he said, stay there.
13:14He just walked out and I heard the, uh, the front door open.
13:27And, uh, make sure I, you know, just thinking.
13:30And, uh, I ran, uh, so soon as I thought, sod it in, I went straight upstairs.
13:36And, uh, I just, um, put my head in Dice bedroom, all the room, and, uh, sod I splod in the bed.
13:47Police in North Yorkshire investigating the murder of a postmistress say they're searching for an armed robber who broke into her shop and killed her.
13:55The morning of the 23rd of March, my sister rang to say there's been something on the radio about a incident in Melzenby.
14:05Mrs. Garbutt's husband, Robin, has told detectives that he opened up the post office for business at 4.30 and was disturbed by a robber who was brandishing a gun.
14:15It was just unbelievable.
14:16And then these two plainclothes officers came and said there'd been an incident and that, um, think they said die had been murdered.
14:28I can't really remember. It was so hard was that time.
14:30I was so shocked at knowing, um, thinking how Robin was and what had happened to die.
14:36I just couldn't take it in, really.
14:42When Robin and I grew up, we're only a year and a month apart.
14:46We were real close. We did everything together.
14:49We had a real happy childhood.
14:52Robin was always spoiled, in my opinion, anyway.
14:55He always got away with everything.
14:57And he was always mischievous and he was always the naughty one.
15:04But he's sort of a real, um, calm, quiet, caring person.
15:11As soon as he met die, he fell in love straight away.
15:18It was love at first sight.
15:22Robin was devoted to her.
15:24He absolutely just loved everything about her.
15:28She was his number one priority in life.
15:31As long as die was happy, Robin was happy.
15:34She was his world.
15:35Mr. Garver is distraught, um, in relation to what's happening.
15:40Um, he has helped us from the start of the inquiry and provided us with information.
15:44And we'll do everything that we can to support him throughout this investigation.
15:48I can't imagine what he saw.
15:51I can't imagine how it affected him.
15:56The way die was to him, he'll have been underneath a broken man.
16:02Diana's my first cousin.
16:24Our mother's the sisters.
16:27And she's the same age as me, about a couple of months.
16:30And, uh, yeah, we were close.
16:36I remember we had a phone call from my mum to say that Diana's been shot.
16:43It's been a robbery.
16:44Diana's been shot.
16:47So my probably optimistic brain is saying,
16:51well, you don't always die when you get shot.
16:55Gun's gone off, but you can't imagine that somebody's been killed, you know.
17:01So, obviously, it came clear within an hour or two that she'd actually died.
17:08And I was just devastated.
17:12Later on, we found out that she'd been hit on the head from behind.
17:16It seemed more than likely that she was asleep at the time.
17:23And I couldn't think of anything worse.
17:25I remember watching it sort of unfold on the news.
17:33I just remember sitting in the kitchen, just watching it over and over and over again.
17:38And, um, just trying to process it and just remembering that, you know, it was devastating for everybody.
17:50But just knowing how close Dad was with Diana,
17:55you know, it was, like, grieving on his part as well.
18:01You know, he was just...
18:03Diana had some difficulties in her life to deal with.
18:19Diana's dad was American.
18:22They lived in Virginia.
18:24He died in a car accident.
18:26And, yeah, she was just a kid when that happened.
18:32She finished school and then she went off to the army.
18:37She was quite proud.
18:38She was driving the lorries and, you know, like a tomboy then, you'd say.
18:43You know, she was proud that she could drive a lorry and, yeah, she could look after herself.
18:48She was, um, she fitted in the army, I think.
18:51You know, it was said in court that Diana had suffered abuse in her life.
18:59But she'd got over what she needed to and she was happy.
19:05She was a tough nut.
19:07And she suffered the most, um, cowardly act.
19:12You know, being murdered while you're asleep is the most cowardly act, isn't it?
19:21She was really strong, but she was also quite vulnerable.
19:30I feel she needed that person that was for her.
19:35Yeah.
19:36I'm not sure in her life she'd had a lot of that, just her, her being special.
19:41She'd had a lot of upset in her life.
19:43Upset in her take, yeah.
19:44And she needed that love that he wanted to give somebody.
19:47And I think because he gave her that, she felt secure.
19:51So they sort of both needed each other for different reasons.
19:57They were very close as a couple.
20:00No kids, you see, so they just had each other.
20:03For as long as I know, she had a little teddy bear.
20:06Little Ted.
20:06And it had its own little passport.
20:09It had its own little chair.
20:11It was like her baby.
20:13Because sometimes I think she used to feel she had to be strong.
20:17And people, I think, over the time had made her like that.
20:21She didn't show her emotions.
20:22But then she came across Robin and he was a completely different person altogether.
20:26So I think the vulnerable side came out.
20:28This village post office at Meltonby in North Yorkshire is tonight the subject of a major criminal investigation.
20:40Inside the body of the postmistress, Diane Garbutt, is still being examined by a home office pathologist.
20:46Police have yet to establish how exactly she died.
20:49I do remember that night my kids being so scared that there was a murderer in the village.
20:58Because if they hadn't caught him, where was he?
21:01Was he still here?
21:02Was he, you know, who was he going to go to next?
21:07The incident has stunned Meltonby.
21:09People have been standing around in disbelief all day.
21:12Police CSI investigation team is still at the scene.
21:15And the postmaster is still being questioned by the police.
21:19The post office was the crime scene.
21:25And so Robin came to us, came back to our house at about 10.30 at night.
21:34He was, like, emotionally exhausted.
21:37That's what he was, wasn't he?
21:38Yeah, definitely.
21:39He was broken because he'd lost her.
21:41Yeah.
21:42And he couldn't, you know, the dealing with it, knowing he'd lost her, was just so much for him, wasn't it?
21:50Yeah, yeah, yeah.
21:51That he had to be quiet.
21:53He couldn't, yeah, he couldn't give any more, could he?
21:56Oh.
21:56Police divers have been called in to help with the investigation into the death of a postmistress in North Yorkshire.
22:05Today, as well as stop checks, they're continuing to do a forensic examination of the village shop and post office,
22:13as well as door-to-door inquiries, as there's set to be a police presence here for some time to come.
22:19We never locked our doors, never locked our cars.
22:24But you started to feel very uneasy.
22:27It did make you think, you know, would they come back again?
22:31It was absolutely terrifying.
22:33This isn't something that happens in Melsombe.
22:35This is something that I have never, ever experienced, even slightly.
22:42I'd like to reinforce the importance of providing North Yorkshire Police with information
22:47to enable us to bring Diana's killer to justice.
22:50We would still like to hear from anyone who was in the village between 8am and 9am on Tuesday morning last week
22:58who has not already come forward.
23:01Diana's husband and family are distraught and could continue to receive support from North Yorkshire Police
23:06at this very difficult time.
23:09We are determined to bring Diana's killers to justice,
23:12but we need the assistance of members of the public to help us do this.
23:15I remember the police coming one day and asking Robin,
23:19would you be prepared to do an appeal on behalf of what was happening, what was going on?
23:23But Robin was so, I think he was so emotionally drained and physically drained,
23:28he's just, I just can't do it. I just cannot do it.
23:31And anyway, they tried him again the following day, he said, no.
23:34He said, I just can't. I can't do it. I know I can't do it.
23:38We're nearly ready, but when you come in, you sit in this one.
23:43I know if Michael can sit next to you or whatever else, fine.
23:46Three days after her daughter Diana was murdered,
23:49today Agnes Gaylor braved the cameras for an emotional appeal to try and catch her killer.
23:54I'm here today to appeal to anyone watching, reading or listening.
24:16If you have any information which may help to please catch the person who brutally murdered my wonderful daughter Diana,
24:25to please come forward with that information.
24:27For the last few years, while she's lived at the post office, while she's been married to Robin,
24:33is the happiest I've ever seen, Diana.
24:37She was content. She loved her life.
24:42She didn't deserve to be taken like this.
24:45Nobody does, but she of all people did not deserve to be taken this way.
24:51Thank you, Alice.
24:52I knew how much Robin was hurting because of Di.
25:00That would be the only thing that was keeping him going,
25:02is to try and find that person that's done it.
25:05If he gave enough information and talked about it enough and told them everything,
25:09they would then go out there, find that person,
25:11and then he could then think, well, I can now try and mend myself.
25:17On the 14th of April, we came down for breakfast.
25:26We were sat at the kitchen table, and I looked up.
25:31I said, there's some police fans coming in.
25:34So anyway, knock on the door, and two came in and said,
25:37could Robin come into the front room?
25:39And I just thought they were coming just to say they'd found somebody.
25:44And then they came and they had him handcuffed.
25:48I started to cry, and he said, don't panic, Sal, just keep calm.
25:51It's all right, don't worry about it, I'll be fine.
25:54And I said, what are they doing, Rob, what are they doing?
25:56He said, they've arrested me.
25:57Not real, was it?
25:58No, yeah.
25:59It was like it was a film.
26:00Yeah.
26:01It wasn't happening to you.
26:02It was like, well, it can't be right.
26:04The First North Yorkshire police there say they have arrested a man
26:08in connection with the murder and suspected robbery.
26:12Robin Garbutt is in custody tonight,
26:15arrested in connection with Diana Garbutt's murder and suspected robbery.
26:20That piece of news was possibly the worst piece of news
26:26I'd ever, ever been told.
26:28And it just did not ring true.
26:32It was unfathomable.
26:34He would never do that.
26:36He would never lay a finger on her.
26:42We were like, what?
26:43Why?
26:44How?
26:46What's giving them the thought that he's done it?
26:49And it was like, well, they'll soon realise it's not him.
26:53They'll soon realise.
26:57I'd lost a friend in Di.
26:59And then my friend is about to be, who's her husband,
27:05is about to be charged with her murder.
27:08It's just, it's crazy.
27:10It's really, really hard to comprehend.
27:11So I, I really, really struggled.
27:17Robin has been arrested, so he's obviously a suspect.
27:21It's just all unbelievable.
27:25You can't imagine that somebody's capable of killing their wife
27:27when there's been no conflict.
27:29She didn't seem to be vulnerable living with Robin.
27:35He was just a nice, quiet fella.
27:37Friendly with everybody, you know.
27:39Today, Garvard was charged with murdering his wife
27:48on the 23rd of March.
27:51Magistrates remanded him in custody
27:53to appear at Teesside Crown Court on April the 20th.
27:58It was very quick.
28:00Robin pleaded not guilty, and then he was taken away.
28:03But he did see us, and he did know that we were there.
28:07We just wanted him to know that we were all there for him.
28:15He didn't cry in court.
28:18He just looked shell-shocked.
28:22We were all in agreement that he hadn't done it.
28:26And we all believed that,
28:29and we were going to do whatever we could to support him
28:32and make sure that, yeah, OK, he's been arrested.
28:35It doesn't mean that he's been sentenced yet.
28:39I remember the day of Diana's funeral.
29:00You know, all of us from North Wales, her family,
29:03we all went to her funeral.
29:08Yeah.
29:10Everyone, everyone was just heartbroken.
29:18I think I was expecting him to arrive,
29:22but that he might be wearing handcuffs.
29:26But to me, I don't see why that would deter you
29:31from attending your own wife's funeral.
29:38I started to wonder,
29:41does that make him look more guilty, or...?
29:46I actually went to see Robin the day before the funeral.
29:55He said, if he had turned up,
29:57it would have been journalists,
30:00it would have been all about him,
30:01and that's what he didn't want to happen.
30:05And I asked him, and I said,
30:06do you want me to do anything on your behalf tomorrow?
30:08You know, do you want me to lay a rose?
30:11Anything that I can do?
30:12And he just said, no, it's not about me.
30:15It's her day.
30:20Well, I would have said,
30:21if I hadn't killed my wife,
30:24and I was, she was being buried,
30:25and I'd just been wrongly mistaken,
30:27you know, suspected,
30:28I'd be in my wife's funeral if,
30:30you know,
30:32nothing would stop you doing that, would it?
30:35But he wasn't there,
30:36so that's probably
30:37the first, um,
30:41first question mark
30:43against Robin.
30:45The murder trial was actually
31:06in Middlesbrough and I've covered the trial.
31:09It was a very big story
31:10because obviously
31:11it was a very kind of middle-class area,
31:14I suppose is the best way to put it,
31:15if one thinks about Melson
31:16being in that village.
31:18He was clearly from the outset
31:20very well liked by,
31:21you know, his neighbours.
31:23It was reflected in
31:24the coverage at the time,
31:25you know,
31:26the shock at his arrest really
31:27because of his character
31:28as perceived by the locals
31:29and the neighbours.
31:32The version of events
31:33that he gave to the police,
31:34obviously that had been
31:34an armed robbery
31:35and that she'd been murdered
31:36by a robber.
31:39Initially, I suppose,
31:40one might say,
31:41you know,
31:41that seemed the most plausible
31:42explanation
31:43because of his character
31:44and because of his reputation
31:46and because of his image
31:47within the community.
31:49But then,
31:50the prosecution evidence
31:51is essentially
31:51that it's a crime of passion.
31:56Ladies and gentlemen,
31:57behind the facade
32:00of a happy
32:01and financially comfortable couple,
32:03there were problems.
32:06A welling of tension,
32:08pressure,
32:08and ill-feeling.
32:10It erupted, we suggest,
32:12in extreme violence
32:13in which he killed his wife.
32:15I examined the laptop.
32:37It had been used to access
32:39a dating website
32:40named Badoo.
32:41I went into the site
32:44with Diana's user details.
32:46I found messages in it.
32:48There were entries
32:49related to that site
32:50on the 22nd of March.
32:54At 0.123 a.m.,
32:56Sam in Leeds
32:57says,
32:58hi, you look pretty.
32:59At 0.128 a.m.,
33:02John in Middlesbrough
33:03said hello.
33:05And at one minute past midnight
33:06on the night of the murder,
33:08the website was accessed.
33:11That was the last
33:12internet activity I recovered.
33:14Thank you,
33:15Detective Const.
33:19There were gasps.
33:21There's an element
33:21of shock without a doubt.
33:23Obviously,
33:23he was saying that
33:24they were happy
33:24and he loved her
33:25and he would never harm her.
33:26And then you had
33:27all this evidence
33:28about there not being
33:28in a happy marriage,
33:29really,
33:30is what it boils down to.
33:33Diana Garbert
33:34had been unfaithful
33:35and the defendant knew it.
33:37In December 2008
33:40in York,
33:41Diana had sex
33:42with a man at a party
33:43while her husband
33:44slept upstairs.
33:46She had told
33:47the defendant about it.
33:49After a drunken night out,
33:51he and Mrs Garbert
33:52were left alone
33:53together downstairs
33:54and they became intimate
33:55on the sofa
33:56until Mrs Garbert
33:58said they had to stop
33:59because of Robin.
34:02And then in 2009,
34:03there was another man,
34:05a local.
34:07Diana went on cycle rides
34:09with him,
34:10chatting with him
34:10on Facebook
34:11using her maiden name.
34:13The prosecution suggested
34:14that it was a loveless marriage,
34:16that his wife
34:16was being unfaithful
34:18and was in contact
34:18with several men,
34:19either directly
34:20or through the internet.
34:22Mr Garbert said
34:22he had no...
34:23I remember sitting in court
34:24and hearing things
34:26and thinking,
34:27this didn't die.
34:29This is...
34:29Where's this come from?
34:31From what we saw,
34:32the times that we were together
34:34and everything,
34:35that was a perfect relationship.
34:38The prosecution claimed
34:39Diana Garbert
34:40was a desperately unhappy woman
34:42locked in a sham marriage
34:44and a business
34:44in which she'd lost interest.
34:47Obviously, as a juror,
34:48if you sat there,
34:48it all starts
34:49to build up a picture,
34:50doesn't it, really,
34:50in terms of potential motive
34:52for the actual attack
34:53and the murder.
34:54And none of that
34:55had been known
34:55before the opening
34:56of the prosecution case,
34:57so all of those
34:58were kind of bombshells
34:59in terms of the evidence
35:00against him.
35:06Turning to the finances.
35:09The shop brought in
35:11a modest income,
35:12but the defendant
35:13had persistent debts
35:14of £30,000.
35:19During the course
35:23of my investigation,
35:25I never came across
35:26any information
35:27that suggested
35:28there had been
35:29a robbery.
35:31In fact,
35:32I have information
35:33that strongly suggests
35:34that there couldn't have been
35:36an armed robbery.
35:39On police systems,
35:41there was already
35:42information held
35:43that raised concerns
35:45about the financial activity
35:47of robbing Garbutt.
35:49I was asked to attend
35:51the crime scene
35:52with one of the search teams.
35:56This was the first time
35:57I'd ever been
35:58to the scene
35:59of a murder.
36:00We were looking
36:04for things like
36:04bank statements,
36:06credit card statements.
36:08We were looking
36:09for cash
36:10that might have been
36:11deposited
36:11around the premises.
36:14Receipts,
36:16invoices,
36:17and anything
36:18out of the ordinary.
36:20During the search,
36:22I noticed
36:22in the post office
36:23counter area,
36:25there was some kind
36:26of terminal
36:27with another device
36:28on top.
36:30And in the gap,
36:31which is only
36:31a few millimeters,
36:33there was a set
36:34of documents
36:35that had been hidden.
36:37They were credit card
36:38statements
36:38showing debt
36:40that was accumulating
36:41month on month,
36:43all held
36:44in Robin Garbutt's
36:46sole name.
36:47I think it's reasonable
36:48to assume
36:49that they were placed
36:50there for a reason,
36:51and that reason
36:52was to conceal them,
36:54potentially,
36:55from Diana.
36:58Hearing
36:59what people
37:01were saying
37:01about Robin
37:02diet trial,
37:04their personal life,
37:06was
37:06really difficult.
37:08It was like
37:09we were listening
37:09to two strangers.
37:12You started
37:12asking yourself
37:13questions to,
37:16well,
37:16if he was in debt,
37:18would we have noticed?
37:19I vividly remember
37:24going to court
37:25that day.
37:27I was physically
37:28shaking,
37:29my hands
37:30were shaking.
37:31I did feel
37:32under a considerable
37:33amount of pressure.
37:36A bad day
37:36at the office
37:37could lead
37:37to someone
37:38getting away,
37:39potentially,
37:39with murder.
37:40large cash payments
37:44were being made
37:45to service the debt.
37:48An audit
37:48of the account
37:49revealed large sums
37:50of cash
37:51were being transferred
37:53into the defendant's
37:54current account.
37:57When you're
37:58a financial investigator,
38:00you're working
38:00with facts.
38:02Money coming in,
38:03money going out,
38:05what are you left
38:05with at the end
38:06of the day?
38:07And I found
38:08that the amount
38:10of cash
38:10that the Garbots
38:11received
38:12was not enough
38:13to have financed
38:15the amount
38:16of cash
38:16that had been used.
38:19There must have been
38:20another source
38:21of money.
38:24Where did all
38:25the cash
38:26come from?
38:27It's not
38:27over the counter.
38:29My analysis
38:30showed
38:31that the only
38:32other
38:32identifiable
38:34source of cash
38:35was the
38:36post office.
38:39The fact
38:40is the defendant
38:41was using
38:41post office
38:42cash to fund
38:43his life,
38:44paying down
38:45debts,
38:46keeping up
38:46a lifestyle
38:47he could not
38:47otherwise afford.
38:49According to the
38:50account provided
38:51by Robin Garbot,
38:53when the armed
38:53robbers were there,
38:55he handed over
38:56to them
38:56£16,000
38:57in a holdall.
39:00But my analysis
39:01and the financial
39:02investigation shows
39:03that that money
39:04cannot have been
39:05in the safe.
39:07There was no money
39:08there to be stolen.
39:10There had never
39:10been an armed
39:12robbery.
39:13I believe that
39:15Robin found
39:16himself in a
39:17position where
39:18he felt he had
39:19to cover up
39:20what he had done.
39:22their main aim
39:26was to say that
39:27Robin stole
39:27from the post
39:28office.
39:30Yeah,
39:30they said that
39:31Robin had been
39:32stealing from the
39:33post office
39:33over a period
39:34of time
39:34to sustain
39:35their lifestyle.
39:36Diana had found
39:37out about it
39:38and so Robin
39:38killed her.
39:40You stole
39:41from the post
39:41office trying
39:42to give Diana
39:43a lifestyle
39:43you couldn't
39:44afford.
39:46He was paying
39:47for holidays
39:48and the run-up
39:48to the murder
39:49had been for
39:50something like
39:50seven or eight
39:51holidays,
39:52expending huge
39:53sums of money.
39:54They were about
39:54to go on a
39:55£3,000 holiday
39:56to the United
39:57States,
39:58which he paid
39:59for because he
40:01was desperately
40:02trying to keep
40:02them together.
40:08The night
40:09before the murder
40:10Mr. Garbutt
40:10attempted to buy
40:11£850 of stock
40:13from a cash and
40:14carry,
40:16which resulted
40:17in a refusal
40:18of the only credit
40:19card that was
40:20available for use.
40:25While he was
40:26still out,
40:26the bank
40:27telephoned Diana.
40:28She was told
40:29the card had
40:30been refused.
40:32There'd been a
40:33call because
40:33there was a
40:34financial check
40:34on some
40:35transaction.
40:36She'd taken
40:37the call
40:37and the
40:38prosecution
40:39was suggesting
40:39that that had
40:40also been a
40:41possible subject
40:42of tension
40:43in the marriage.
40:46The perception
40:47of the Melsenby
40:48villagers of a
40:49rosy and loving
40:50relationship was
40:51far from the
40:52full picture.
40:53Here was a man
40:54with increasing
40:55debt,
40:56desperately trying
40:57not to outwardly
40:58fail in his
40:59business or his
41:00marriage.
41:02The prosecution
41:03doesn't know
41:05what the motive
41:05was,
41:06but all these
41:07things could have
41:07played into a
41:08potential row,
41:09and that may have
41:10been what happened
41:11on the night.
41:13When you've got,
41:14you know,
41:16adulterous
41:16relationships,
41:17when you've got
41:17unhappiness,
41:18when you've got
41:19financial difficulties,
41:20you've got an
41:21awful lot of pressure
41:21on a relationship
41:22there, haven't you?
41:23And all the
41:24prosecution have to
41:24do is really
41:25saw that into
41:26the minds of the
41:26jury, I think.
41:27The defendant
41:29was under very
41:30severe financial
41:31pressure, and
41:33Diana's infidelity
41:34appears to have
41:35intensified.
41:37This all culminated
41:39in a welling of
41:40pressure and
41:41ill-feeling.
41:43The pressure,
41:45tension and
41:45ill-feeling erupted
41:47in extreme
41:48violence, in
41:49which he killed
41:50his wife.
41:52In terms of a
41:53crime of passion,
41:55that is what you're
41:55describing, you're
41:56describing a
41:57man who had
41:58been married to
41:58somebody and
41:59clearly had been
41:59in love with
42:00her, and the
42:02prosecution are
42:02outlining how
42:03that had fallen
42:04and broken down
42:05and how it had
42:07led to the
42:07murder.
42:24Diana's body
42:24was examined
42:25by Dr.
42:26Hamilton.
42:27A post-mortem
42:29later confirmed
42:30three distinct
42:31head injuries,
42:32blows delivered
42:33by a blunt object,
42:34likely a metal
42:35rod.
42:37The most
42:38significant was
42:39a severe fracture
42:40to the right side
42:41of the skull.
42:42The trauma caused
42:43swelling of the
42:44brain and led
42:44to rapid death.
42:48And what
42:48of the weapon?
42:52Investigators
42:52recovered several
42:53objects for
42:54analysis.
42:54Two days after the
42:57murder, a metal bar
42:59was found on a wall
43:00near Nixon's garage.
43:03They said they'd found
43:04this murder weapon.
43:06It had DNA on it.
43:09The defence
43:10council stands up
43:11and says,
43:11murder weapon is found
43:13and it hasn't got his DNA
43:13on it.
43:15It's got his wife's DNA
43:16on one end, but Robin
43:18Goddard's DNA wasn't on
43:19that weapon.
43:19And we thought,
43:21that's it, we're
43:22finished.
43:23We're done.
43:24He's free.
43:25Yeah.
43:27He did then start
43:28to doubt about the
43:28whole case against him
43:29to be honest.
43:31You look at the
43:32answers now and
43:33the list of
43:34questions is getting
43:35bigger.
43:36Not only is his DNA
43:37not on the
43:38murder weapon,
43:39but another
43:40man's DNA
43:41is on the
43:41murder weapon.
43:43That suggests
43:44straight away
43:44that there is
43:45other people
43:46involved in this.
43:47It's a twist
43:49which you just
43:50wouldn't have
43:50expected at that
43:51stage.
43:51To be continued...
44:21You
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