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Postmistress murderer Robin Garbutt loses appeal

Category: England

Published: 24th May 2012 15:40:59

A shopkeeper who bludgeoned his postmistress wife to death has lost a challenge against his murder conviction at the Court of Appeal.

Robin Garbutt, 46, was jailed for life in April 2011 and ordered to serve a minimum of 20 years in prison.

The jury at his trial heard he beat his 40-year-old wife Diana to death in their home above the village store in Melsonby, North Yorkshire.

Three Court of Appeal judges in London said his conviction was safe.

A jury at Teesside Crown Court heard he battered his wife to death in their bedroom before opening their post office and shop.

During his trial, Garbutt claimed an intruder with a gun told him "don't do anything stupid, we've got your wife" before robbing him as he worked, and that moments later he discovered his wife's body in bed in their living quarters.

The fresh material relied on in the appeal related to Post Office records going back to 2004.

Announcing the court's decision to reject the challenge, Lord Justice Hughes said Garbutt's case was founded on the emergence of evidence which was not before the jury because its existence was unknown.

He said: "It affects, and is said to undermine, one part of the evidence heard by the jury at the trial.

"It is quite clear that the evidence was not available at the trial.

"It takes the form of accounting records from the headquarters of the Post Office and its accuracy is not in dispute. The issue is as to its significance."

Lord Justice Hughes concluded: "We are quite satisfied that this conviction is not unsafe and that the late disclosure of the additional Post Office records does not render it so.

"The appeal must accordingly be dismissed."

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Available at: http://www.ukwirednews.com/news/1430675/Postmistress-murderer-Robin-Garbutt-loses-appeal [Accessed 22nd Aug 2014]

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