The body responsible for investigating potential miscarriages of justice has vowed to conduct a thorough and exhaustive inquiry into the murder conviction of a former postmaster, in a case now deeply entangled with the national Post Office Horizon scandal.
A Conviction Under Scrutiny
Robin Garbutt, 60, is currently serving a life sentence for the murder of his wife, Diana, 40, in March 2010. However, legal experts and campaigners now argue he could be the "most egregious victim" of the discredited Horizon computer system. The Criminal Cases Review Commission (CCRC) has confirmed it has appointed a new case review manager to actively pursue Garbutt's application for an appeal.
The CCRC stated: "We can confirm that the application for a review of his conviction is being actively pursued by a newly appointed case review manager who is leaving no stone unturned in exploring whether Mr Garbutt may have suffered a miscarriage of justice. We reject any suggestion that we are not committed to the job. We are."
The Horizon Evidence at Trial
Garbutt was convicted in 2011 after a trial where the jury heard he was in financial difficulty. A key part of the prosecution's case involved evidence generated by the faulty Horizon IT system, which was used in Post Office branches to manage accounts. Mark Baker, a former sub-postmasters union official with 38 years of experience, explained how this evidence would have influenced the jury.
"It was quite impactful for the jury," Baker said. "If [the system] thought you had too much cash, you got automatic requests from Horizon to give what you had spent back. But a lot of postmasters ignored it because it was wrong. It was common behaviour to do that."
Despite this, Dr Mike Naughton, an academic and legal campaigner, points out that the CCRC has rejected three previous applications from Garbutt's team. "It is computer says no, computer says no, computer says no," he said. "Yet the evidence that led to the conviction has been discredited in my opinion."
Unresolved Questions and a Plea for Retrial
Garbutt has always maintained that his wife was killed by an armed robber at their Post Office in the village of Melsonby, North Yorkshire, on 23 March 2010. The case contained other elements, including suggestions Diana had signed up to a dating website, though Garbutt's barrister stressed there was "no evidence" of an affair.
Forensic analysis indicated Diana was struck from behind with a metal bar while asleep. Notably, Dr Naughton emphasised there was 'no forensic evidence whatsoever' linking Garbutt to the murder scene. Adding to the mystery, the murder weapon was found to have the DNA of a North Yorkshire police officer on it, and a contemporary press photo suggests the bar was not in the location where it was reportedly discovered two days after the crime.
Garbutt's family say he does not seek an easy release. His sister, Sallie Wood, stated: "He wants a retrial to prove that he has not done this. He wants a retrial to prove that beyond any doubt." The case is explored in depth in a new three-part Sky documentary, 'Murder at the Post Office', which aired on 29 December.