Possibly A More Serious Possible Miscarriage Of Justice Arising From The P O / Horizon Farce.

[Canary42]

https://uk.news.yahoo.com/innocent-postmaster-convicted-wife-murder-210000459.html

 

[THECORBYLOON]

The case has been before the Criminal Cases Review Commission three times and in November last year it stated, “figures from the Horizon system were not essential to his conviction for murder.”

Having said that, it was a 10-2 majority verdict and for all we know, the absence of the Horizon data might have resulted in a hung jury or a Not Guilty verdict.

 

[THECORBYLOON]

From their website 

"Following a comprehensive review, the Criminal Cases Review Commission (CCRC) has concluded there is no real possibility that the Court of Appeal would overturn Robin Garbutt’s murder conviction. 

Mr Garbutt was convicted of the murder of his wife, Diana Garbutt, after a jury trial at Teesside Crown Court on 19 April 2011. He was sentenced to life imprisonment with a minimum term of 20 years. 

The CCRC does not routinely comment on operational detail of its work. Due to the media interest in this case and the publicity about the Horizon scandal, the CCRC makes the following comments;

Much of Mr Garbutt’s application to the CCRC focused on the Post Office Horizon scandal, which has led to a number of fraud and theft convictions of former Post Office workers being overturned, many after referral by the CCRC

The CCRC decided that this argument could not assist Mr Garbutt, as figures from the Horizon system were not essential to his conviction for murder

Other issues concerning scientific evidence were also considered, and the CCRC has now made a final decision not to refer his case for an appeal.  

The findings of the CCRC’s detailed review have been shared in the usual way with the applicant through a 50 page Statement of Reasons which explains why the case has not been referred, dealing thoroughly with all the points raised by Mr Garbutt. 

Notes to editors

Only an applicant (or their legal representative) is permitted to share a CCRC Statement of Reasons with a third party."

[jno]

who knows now what the rest of the evidence was. But proving the shortfall was actually down to Horizon would tend to demolish his own evidence that he was robbed by a gunman.

[THECORBYLOON]

There would have been cash and other valuables on site worth stealing whether or no the Horizon system was showing a deficit.

[davebro3]

jno - the cash deficit (possibly due to Horizon errors) was given as a motive for the murder. It has no relevance to an actual or invented robbery.

[Old_Geezer]

I can see the argument that without dubious evidence then a jury may have come to a different conclusion.

 

While blaming a robbery is the sort of excuse a guilty person may claim, that shouldn't stop a re-examination of the case. Better a guilty party goes free than an innocent is gaoled.

 

In the circumstances I have some sympathy for request that has been continuously denied.

[THECORBYLOON]

The case has been re-examined by the CCRC three times and the reasons for the latest refusal are detailed in a fifty-page Statement of Reasons.

 

[jno]

davebro, according to the story “The prosecution said there was a shortfall which gave him a motive to stage the robbery. They said Diana was doing the accounts and she found out and that is why he killed her.”

I don't know if this is or isn't a fair account of the prosecution case, but if they said the shortfall prompted him to stage a robbery, then the robbery, real or imagined, did play a part in the case.

I have no idea if he's innocent or guilty, of theft or murder.

[jno]

I don't know if you can see this, Canary, it's an article by Alan Bates in the FT today arguing that private funding of causes like that of the postmasters against the PO is now under threat; what he's done, he couldn't do today.

https://www.ft.com/content/1b11f96d-b96d-4ced-9dee-98c40008b172

 

[Peter Pedant]

Better a guilty party goes free than an innocent is gaoled.

no it is opposite here

we must not acquit anyone guilty and it is far better that we hang around with 700 innocent people until they die or go mad

and the British Public is not saying " yes yes isnt British Jutice wonderful ?"

[Peter Pedant]

the witnesses are being crucified ( er as we speak) and the stream is available on You tube

Post Office Horizon Inquiry - takes  some finding

CCRC is governed by law - and it is all to do with s1 and s2  - which are filters

s2 gives the four heads underwhich one can appeal via the CCRC to the appeal court

if it dont  fit  - then you cant use that portal

( the  forms of action are dead but rule us from their graves =  Maitland)

[Peter Pedant]

Bradshaw draws a line between Horison and making the entries fit by putting in 'balancing' entries which  were er false - ie false accounting - as soon as they admitted that, they were screwed

( told to do it by the P.O., from  another witness)

so does the court of appeal - "we do not think that this is a horizon case but more false accounting"  =  still guilty

oo-er sub post mistress !

[Peter Pedant]

no wonder people think that the court of appeals of any sort is NOT the way to go - at a snails pace

[davebro3]

jno - your logic is at fault. I won't try to explain further.