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