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Postmaster jailed for wife’s murder seeks appeal on Horizon evidence

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Postmaster jailed for wife's murder seeks appeal on Horizon evidence
PA Media Robin Garbutt wearing a grey suit, arriving at Teeside Crown Court, Middlesbrough for the start of his trial in 2011, where he convicted of murdering his postmistress wife, DianaPA Media

A former sub-postmaster serving life in prison for murdering his wife is seeking a fresh appeal of his conviction, arguing the Post Office Inquiry has shed new light on his case.

Robin Garbutt was found guilty in 2011 of murdering his wife Diana at their home in North Yorkshire the previous year, but has always maintained his innocence.

Evidence from the Horizon IT system and the Post Office helped convict him after prosecutors said he had been stealing money from his branch, faked a robbery and killed Diana to cover it up.

Garbutt’s lawyers have applied to the Criminal Cases Review Commission to have it sent back to the Court of Appeal. Former Post Office Minister Kevin Hollinrake MP told the BBC he was backing a fresh review.

Garbutt’s wife Diana was found dead in their flat above the post office they ran together in the village of Melsonby in North Yorkshire in 2010. She’d been attacked over the head with a metal bar in her bed.

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Garbutt claimed they were the victim of an armed robbery.

He told police a man forced him to open his Post Office safe at gunpoint and hand over £16,000 before he was able to run upstairs where he discovered his wife’s body.

But the jury didn’t believe him. The prosecution said he had staged the robbery and had been stealing money from his branch, and then killed Diana to cover it up, fearing he was about to be discovered. They claimed he was in financial difficulty and their relationship also had problems.

There was no physical evidence linking him to the murder. A key plank of the case against him was based on data from the Horizon system and how it was interpreted by the Post Office.

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Family handout Diana Garbutt pictured smiling holding an umbrellaFamily handout

Unlike the familiar tales from hundreds of other sub-postmasters, this one isn’t about shortfalls in branch accounts.

The prosecution claimed Garbutt was concealing his theft by making false declarations on the amount of cash he was holding in his Post Office safe. The suggestion being that he was requesting more than was needed and that that there was never £16,000 in the safe on the morning of the murder because he’d stolen it.

Two Post Office witnesses testified against him, relying on data from the Horizon computer system. One investigator said the amount of cash he’d been requesting for his branch account was suspicious and indicative of fraud.

Garbutt’s lawyers now argue, in essence, that key parts of the Horizon-related evidence cannot be trusted given what’s emerged from the public inquiry into the scandal and fresh evidence from other sources.

Diana’s mother made clear in an interview earlier this year she believes her son-in-law is guilty saying he was “jumping on the Horizon bandwagon”.

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But Garbutt’s supporters say, given all the evidence and discrepancies that have been uncovered over the years, he never got a fair trial and it’s time for a wider look at his case.

“We believe that fresh evidence and other important developments that have come to light since the original trial, now mean that Mr Garbutt’s conviction is not safe,” says his solicitor Martin Rackstraw from Russell-Cooke, who along with James Sturman KC have been representing Garbutt for some years.

‘Fair hearing’

Conservative MP Hollinrake has written a letter of support. He went to the same school as Garbutt but says that’s not why he’s given his backing for a review.

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He told the BBC: “I can’t speculate whether Robin Garbutt is guilty or innocent, but I think we all want to make sure that people when they go through the justice system get a fair hearing.”

Garbutt has failed three times already to persuade the Criminal Cases Review Commission to send his case back to the Court of Appeal as new information has come to light.

At his last attempt in 2021, his legal team raised the lack of knowledge about the Horizon system, but the application was dismissed because the watchdog decided the flaws in Horizon didn’t affect the reliability of the data used by the prosecution at his trial.

“I think this is the final roll of the dice,” says his close friend and former neighbour Barry Conachy.

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“We’ve never doubted his innocence and we’re all really hoping this is the one that gives him a breakthrough. Robin’s always said that he wasn’t stealing any money from the Post Office.”

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“Aircrafted by Emirates” launches limited-edition Neo collection

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“Aircrafted by Emirates” launches limited-edition Neo collection

This sustainable initiative follows Emirates’ successful “Aircrrafted by Emirates” up-cycled items collection. By repurposing materials, Emirates reduces waste and supports its partner, Team New Zealand, in their shared commitment to excellence and innovation.

Continue reading “Aircrafted by Emirates” launches limited-edition Neo collection at Business Traveller.

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Singapore’s former transport minister sentenced to one year in prison

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US stocks eked out slight gains, with Wall Street appearing in a generally cautious mood against the backdrop of rising tensions in the Middle East.

The S&P 500 closed less than 0.1 per cent higher on Wednesday, with the energy, technology and financial sectors emerging as the benchmark index’s best performers.

Investors bought energy stocks as the conflict in the Middle East continued to support the price of oil. Shares in industry leaders ExxonMobil and Chevron added 1.3 and 0.8 per cent, respectively.

Brent crude, the international benchmark, settled 0.5 per cent higher at $73.90 a barrel.

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The Nasdaq Composite added 0.1 per cent, with Apple and Nvidia the only members of the “Magnificent Seven” group of tech stocks to advance.

The yield on the policy-sensitive 2-year Treasury note added almost 0.02 percentage points to 3.63 per cent.

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White House deploys troops in vast hurricane recovery effort

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Joe Biden ordered 1,000 soldiers to go to devastated regions across the Southeastern United States as Washington scrambled to deal with the deadly aftermath of Hurricane Helene.

The White House said on Wednesday it would deploy the troops to assist with ongoing delivery of food, water and other aid to stricken communities.

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The storm, which developed in the north-west Caribbean Sea and the Gulf of Mexico, where scientists have recorded unusually warm sea temperatures, made landfall in Florida before sweeping through Georgia, South Carolina and North Carolina over the weekend, killing more than 100 people and causing torrential rain and mudslides across inland mountainous regions.

Biden was expected to fly over western North Carolina, much of which remains difficult to reach by road, before travelling to Georgia and Florida on Thursday, according to the White House schedule. Vice-president and Democratic presidential nominee Kamala Harris also headed to Georgia.

Kamala Harris comforts people as she visits an area impacted by Hurricane Helene in Augusta, Georgia
Vice-president Kamala Harris, in the middle of a presidential campaign against Republican former president Donald Trump, travelled to Georgia © AP

The troops will join 6,000 National Guard members and more than 4,800 federal workers spread across the multiple states affected by the hurricane, including 1,200 emergency workers in North Carolina. 

Secretary of Homeland Security, Alejandro Mayorkas, said earlier in the week that hundreds of homes and businesses had been destroyed and many areas were still in a search-and-rescue phase.

Rescue workers search for missing people in Burnsville, North Carolina
Search-and-rescue efforts continue across western North Carolina © Reuters

“We are there and we will continue to be there and we will reach the most difficult to access locations,” said Mayorkas.

The Department of Defense said on Wednesday that it had activated 22 helicopters and dozens of high-water vehicles to aid in the rescue efforts, while the Army Corps of Engineers was supporting with debris removal, wastewater management and bridge inspections.

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An all terrain vehicle approaches a section of destroyed road in the aftermath of Hurricane Helene, in Barnardsville, North Carolina
Flash flooding and landslides in western North Carolina have isolated many people © Reuters

More than 1.3mn people across the south-eastern US states of Georgia, South Carolina and North Carolina were still without power as of Wednesday afternoon, according to the tracking site PowerOutage.us. The White House said this compared with a peak of 4.6mn people without power last Friday at the height of the storm.

The Federal Emergency Management Agency (Fema) said that it had provided 50 Starlink satellite systems to bolster communications services after the internet and mobile network failed across the affected south-east regions.

Overturned car lies in mud near a flooded creek in Barnardsville, North Carolina
The storm inundated the western part of North Carolina with catastrophic flooding, © Reuters

Grassroots groups in western North Carolina were organising via social media to disperse food, water and petrol to rural communities which were isolated after mudslides and raging rivers destroyed roads across the region.

Helene is the eighth Atlantic hurricane of category four or five strength to make landfall in the US in the past eight years. The economic losses were estimated at up to $34bn by Moody’s this week, resulting from property damage and business disruption.

Scientists have found that warming sea temperatures are linked to more intense hurricanes. A preliminary study from the Lawrence Berkeley Lab in California found that climate change may have boosted the amount of rainfall over parts of Georgia and North Carolina by as much as 50 per cent.

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Where climate change meets business, markets and politics. Explore the FT’s coverage here.

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Housing shortage forcing dairy farmers off the land

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Banker all-nighters create productivity paradox

Madeleine Speed’s report “Worker shortages pose risk to food supply, warns Arla” (September 24) highlights how dairy farmers are quitting the industry. Herdspeople need to live near their work, but rural homes are invariably occupied by retirees or become holiday homes. Affordable rural homes can be built on so-called “rural exception sites”, but local authorities often require housing needs surveys to prove a need. These surveys cost a lot of money and only go to families who already have a home! Local authorities refuse to recognise numbers on their housing waiting list as proving need.

Only three parishes in the whole of East Devon have had such a survey in the past two years, so it is not a surprise that affordable rural homes are not being built. There are over 5,000 families in East Devon who are desperate for a home, but our council refuses to recognise them as being in need. The problem is the Nimbys.

Robert Persey
Honiton, Devon, UK

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Uber to launch limited-edition safari experiences in South Africa

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Uber to launch limited-edition safari experiences in South Africa

Uber is launching a limited-time safari experience in Cape Town, South Africa, available from 4 October, 2024, to 25 January, 2025, as the latest experience in their ‘Go Anywhere’ series of travel products

Continue reading Uber to launch limited-edition safari experiences in South Africa at Business Traveller.

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Parental rights ought to be motherhood and apple pie

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You wrote about Kemi Badenoch’s controversial comments on maternity pay at the Conservative party conference (Report, October 1), yet over the past two weeks a broader and ongoing clash of opinions over parental rights has been unfolding.

Deloitte made a clear statement by equalising parental leave, Campaign group The Dad Shift called for longer paternity leave and Badenoch argued statutory maternity pay is “excessive”. What’s clear is the lack of consensus on how best to support working parents.

But this isn’t about pitting genders against each other over caregiving roles or trading the “motherhood penalty” — the term used to describe the disadvantages that working mothers face in the workplace compared to childless women or men — for a broader “parenthood penalty”.

The choice hinges on organisations offering extended or equalised parental leave to encourage fathers to share responsibilities — critical to reducing the motherhood penalty, which accounts for 80 per cent of the gender pay gap. A cultural shift is needed where senior leaders model and endorse active parenthood to create an environment where both men and women feel confident using parental support without fear of damaging their careers or reputations.

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Emma Spitz
Chief Client Officer and Parental Transition Coach, The Executive Coaching Consultancy, London EC3, UK

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