Dear Ms. Mahmood,
I hope that you and your loved ones are well.
Please may I just say that this is an open email and will be made publicly available on the CCRC Watch website.
I needed to write to you as a matter of urgency to bring to your attention the tragic case of the Sub post Master Robin Garbutt, who, despite not a scrap of factual, actual evidence against him, was wrongfully convicted of the shocking murder of his beloved wife, Diana Garbutt, who was murdered by intruders in their home above their village Post Office in Melsonby, North Yorkshire, on the 23rd of March, 2010. He has fought to overturn this cruel conviction every step of the way and last year submitted his 4th application to the CCRC (Criminal Case Review Commission).
I honestly don`t know how or where to begin, except to beg you to read some of the links I have included below. I know you are improving some things in the CJS and that you are now in the position of replacing Helen Pitcher, ex chair of the CCRC.
I implore you Ms Mahmood to please ensure this replacement is someone of integrity and one who is not tied or linked to the CJS as such? Someone who is bold and who has much experience of and involvement with the innocent who are wrongly convicted, and someone who will unshackle the CCRC from the so-called `real possibility test` a test that punishes the innocent further and that makes the bar so high, it is impossible to reach!
Robin (and many others like him), was able to show the CCRC in 2012 that the case against him no longer existed, that was his first application. His 4th application was submitted in 2024!
This is a man who is 100% innocent and the case against him was proven to no longer exist many years ago. Here is an extract from Robin in his open letter to Helen Pitcher written in July, 2023, it relates to the ONLY 2 strands of the prosecution case against him, one being time of death and the other being the accusation of theft by the Post Office (giving a motive) -
"...we point out that at least one of the Post Office witnesses in my case has been involved in at least 3 of those now quashed miscarriages of justice. In a case that is reliant of Circumstantial evidence, a case that had a 10-2 majority, the CCRC concludes to my applications as follows:
1 ."If we remove the Time of Death expert it would have no effect of the safety of the conviction."
2. "With regard to the DNA evidence of the Policeman you say: `Cross contaminations can happen in these types of cases`! Surely, cross contamination from the murder weapon onto an exhibit at the murder scene is a gross abuse of process? (Note: there is not a spec of DNA or forensics that link Robin to the murder weapon or crime scene!)
3. "If we remove the murder weapons location in totality, it would have no effect on the safety of this conviction."
4."The Horizon system has no bearing on this case and if we remove both the Post Office experts in your case, it would not affect the safety of the conviction."
Ms Pitcher, please help me understand that if you remove all of the above, which you clearly have in your Statement of Reasons, what is left of the case against me that would convince a jury to convict?
In fact, what is the evidence that the Police could forward to the CPS in order to go to trial?
What effect would the removal of all 4 aspects of the case have on the trial jury, a jury that already had doubt in the 10-2 majority? "
Here is the link to Robin`s letter to the CCRC-
I too wrote to Helen Pitcher in May 2022, several times actually and she wrote back, twice, but to no avail ...I begged her to use her humanity and not their "real possibility test", I lay out all the rock solid reasons why this case should be given the chance of going back before the CofA and explain just how many experts all agree there is MASSIVE doubt over this conviction, (There is male DNA,but none of Robin`s!) and e v e r y single person who has looked into this case agrees it MUST go back to the CofA, everyone that is EXCEPT the CCRC! Here is a small quote from my first letter to her-
"So, the burning question is: how come the end of the line decision makers, the gatekeepers of the only route back to the Court of Appeal, don`t see what we all see and what ALL the experts see?!
Please, please help Robin, Helen, as his life and the lives of his Mum, Joyce, sister, Sallie, are literally in your hands."
Here is the link to my letters and Helen Pitchers replies –
I know, thank God, you have supported the shocking case of Andy Malkinson and fully recognise he was innocent all along and the CCRC got it very wrong...just changing the Chair will not change the huge problems within the CCRC, we have to do more than that, which is why we need a strong leader in there, one who will swiftly make helping the innocent people locked in the CJS system and kept there FOR MANY YEARS by the CCRC (and their RPT), THEIR PRIORITY...one who, (as I talk about in my letters to the CCRC), will open their doors and speak with those claiming innocence, go visit with them, be HUMAN with them, not this distant cold machine we have right now, that demonstrates over and over that they DO NOT CARE!
Please Shabana, please lets use this opportunity to appoint someone who cares about good, about truth, transparency and justice, for all of the Andy Malkinson`s...who is most definitely "not the only one...".
The amount written about Robin is overwhelming, Private Eye has covered it 4 times and it has been in all of the national newspapers, so I am only going to leave a couple of links below so as not to overwhelm this email. Mr Kevin Hollinrake, MP is supporting Robin`s claim of innocence and urges the CCRC to refer and many, many others do too.
Please, Shabana, please, I beg of you to help bring about REAL changes to the CCRC and to unshackle them from the RPT. Before I go, may I urge you to listen to look into https://empowerinnocent.wixsite.com/ccrcwatch and all the work of it and Dr.Michael Naughton http://michaeljnaughton.com/, And please see this from Dr.Michael Naughton being interviewed by Sonia Poulton on the most recent events at the CCRC, it is a must listen/watch –
If I can be of any help, please just say. Good luck!
Sending my very best wishes,
Jane Metcalfe
Comentarios