Robin Garbutt supporters make new evidence claim

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

Supporters of a man found guilty of murdering his wife say they have submitted fresh evidence to a commission which can send the case back to the appeal courts.

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 but supporters are hoping a third application will be successful.

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.

Writing on a website set up to highlight the case, Mark Stilborn, Garbutt’s brother-in-law said: “Another March has passed with a mixture of over a hundred cards and letters of sympathy and support marking the anniversary of Di’s death and the start of this terrible miscarriage of justice.

“April will mark the 10th Anniversary of Robin being held in prison an innocent man.”

On the bid for the case to go to appeal, he said: “The CCRC kindly keep agreeing with everything we put too them.

“They keep saying ‘let’s remove this evidence from the equation, let’s remove that from the equation”, but still keep making the excuse as to wanting some evidence to prove if someone else could have been in the property on the morning of the Di’s death — well now we have given them that!!

“So now CCRC lets have a fair and just trial and prove Robin Garbutt is innocent. That’s all we ask.”

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 balaclava who was brandishing 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.