Former Melsonby post master submits fresh application for murder conviction review

Robin Garbutt was convicted of murdering his wife Diana in a bedroom at Melsonby village shop and post office.

A man found guilty of murdering his wife has submitted a third application asking for a review of the conviction.

Robin Garbutt was convicted of killing his wife, Diana, above the post office and shop they ran together in Melsonby, near Richmond in March 2010.

Garbutt has already has had two applications to the Criminal Case Review Commission (CCRC) turned town.

The CCRC has the power to refer a case back to the appeal courts if it believes there is sufficient new evidence.

Garbutt has already appealed once against the conviction and lost.

His legal team say they have now submitted new evidence which they believe means the case should be reassessed.

Writing on a website set up to highlight the case, Mark Stilborn, Garbutt’s brother-in-law said: “A new application has now been submitted to the CCRC once again containing new evidence.

“Surely this time success must be ours, they must be running out of lame excuses not to allow truthful progression.”

Mr Stilborn said Garbutt, who is imprisoned at HMP Frankland in Durham, had received more than 100 cards and letters from wellwishers at Christmas.

“Robin would like to thank everyone for there continued overwhelming support and visits,” he added.

Mrs Garbutt, 40, was found beaten to death in an upstairs bedroom at the property after her husband dialled 999 and said armed robbers had burst in and attacked his wife.

Police and paramedics initially responded to a report of an armed robbery and detectives appealed for help to catch a man wearing a balcaclava who was brandising a gun.

However, they arrested Garbutt on suspicion of murdering his wife three weeks later, and established that he had beaten her with a 30cm iron bar as she slept in the flat above the shop.

The former Melsonby village shop and post office is for sale.

After the conviction, Diana’s mother, Agnes Gaylor bought the Village Shop and Post Office in Melsonby from relatives of her former son in law.

Mrs Gaylor, who is thought to have paid around £130,000 for the end-of-terrace building, said in 2014 that she intended to finish off work on the kitchen that was started by her daughter before her death.

The house has since been put back on the market for £325,000.