999: Killer on the Line? (2016–…): Season 1, Episode 7 - Garbutt - full transcript

The story of Robin Garbutt who murdered his wife and then called 999 to report that she had been killed by an armed robber in their North Yorkshire home.

Fire and rescue?

There are 80,000 emergency calls

made every day in the UK.

Hello. What's the problem?
It's the police.

Who stole your money?
Some are more serious than others.

OK, lay the little boy
flat on his back for me there.

I'm laying him flat on his back.

On rare occasions,
the call is to report a death.

Emergency Service.

But what if the caller...

Right, she's not moving at all?



...is in fact, a killer?

Melsonby is a pretty village

in one of the most rural
parts of northern England.

At the heart of Melsonby village
is the post office and village shop,

located on the busy crossroads.

The post office is run and owned by
Robin Garbutt and his wife, Diana.

Robin was up very early,
he opened at 5:00 every day

and ran what people described
as a very good post office business.

Thank you very much.

I got to know him,
virtually most mornings

delivering the milk to the shop.

Morning Dave!

How are you?
Fine thanks...

See him six days a week every
morning about the same time.



Only for about ten minutes,
quarter of an hour.

But we'd always have a little chat.

Just pop it there,
I'll see to it in a minute.

Righto!

See ya!
Take care!

He was very easy to talk to,
no airs and graces about him.

Always clean-shaven,
always smartly dressed.

A dapper gent.

Bye now.

Morning, love.

Sleep alright?

I just put the kettle on.
Do you want one?

They were a big part of the village.

Diane belonged to a book club.

We'd get together at least
maybe, in the summer,

maybe twice a month.

And then we became friends

and they became part
of our circle of friends.

It was really a very relaxed time.

Di was very popular.

Everybody loved Di.

She was a friendly person.

She would sit and talk to anybody.

Diane didn't spend a great
deal of time in the shop.

She used to come in of a night-time
and sit on a stool

near the post office part
and talk to people and chat away.

Don't know how you do it.

The work of a postmaster
is never done.

They bought it
as a business with a shop.

The original intention had been
that Diana would do the post office

and Robin was going
to look after the shop.

That was how they envisaged it

at the outset.

I think what happened
after a while

was that Diana
kind of lost interest in that.

OK, I'll catch you later.

But that was countered for
by Robin's increasing interest

in the whole thing.

He found he loved it,
so he sort of, more or less,

had taken over
everything.

How does that sound?

Perfect.

Pub?

I'd love to.

But duty calls in the morning.

Come on.

The shop can wait.

Do you want to get up at four?

His social life
was somewhat stymied

by the fact that he went to bed
at 9:00 in the evenings

because he was getting up so early.

She didn't get up as early.

You know, she, she'd often
stay in bed till 11:00

because, you know,
that was her lifestyle.

Diane would come here

and Robin would have to be up
for the papers

about 4:00 in the morning

and he might go home
and Diane would stay

'cause she didn't get up
as early.

So she would stay, have a
drink with us, and, you know...

And that's how we were.

Robin and Diane had met
seven or eight years earlier.

Robin had been working
in the electrical supply industry.

Diana had actually been
in the Army for a while

and then she was working
at Prison Full Sutton

as a prison guard.

But then they decided to get married
and to buy this business.

Robin and Di were happy.

I never heard her
say anything bad about him.

Or him to her.

I think they were both outgoing and
had fairly extrovert personalities.

This tended to manifest
itself in different ways.

Nevertheless, there was nothing
to indicate

that there was any rift
between them.

On the morning of
17th of March 2009,

Robin Garbutt was following
his usual routine

by preparing the shop
for the morning rush hour.

Get up.

Open the safe.

A masked intruder
crept into the shop,

held Robin at gunpoint.

Get on the ground.

With a pistol aimed at his head,

Robin was forced to empty
the post office safe.

With the intruder gone,

Robin immediately called
the emergency services.

Police, please.

It's the post office.

Melsonby.
We've been robbed.

In the rural Yorkshire village
of Melsonby,

the post office
owned by Robin and Diana Garbutt

had been robbed at gunpoint.

Don't say a word.

Get up.

Police, please.

It's the post office.
Melsonby.

We've been robbed.

£11,000 and been taken.

They've just gone.

They'd been wearing balaclavas,
you know,

you'd got no identification,
basically.

Despite the follow-up police
investigation,

no one was apprehended
for the robbery

and life continued as normal
for Robin and Diana.

Afterwards,
he was a wreck in that shop.

He was absolutely...

Scared, totally.

Unfortunately,
it's not a one-off case.

There were other post offices
that had been done in a similar way

in the area.

The village is quite close to the A1

and it's not unheard of for small
rural post offices to be targeted

by armed robbers

because they obviously
are viewed as soft targets.

There was a parish noticeboard
outside the post office.

And Robin had said after
the first robbery,

"I want that noticeboard moved"

"because I can't monitor
what is happening outside the shop"

"while that is there."

And the parish council agreed
and they did move the noticeboard.

After the robbery, Robin asked
the post office to pay him

for more security.

But the post office refused.

He had contemplated putting
in his own security system

but Diana had other ideas.

I really think we should update
the kitchen, don't you?

Why, what's wrong with it?

It's only a hundred years
out of date.

You know we can't afford it.

Come on.

It won't cost that much.

Di, I'm serious.

We can't afford it.

Robin.

But keen to keep his wife happy,

the couple chose a new kitchen
over a new security system

for the post office.

Diane was more outspoken than Robin.

Robin was very quiet
and totally different.

You know, if Diane didn't like
something, a spade was a spade

and Diane wasn't one of these people
who talked behind your back.

She said it to your face.

This is a real big family village.

It's that friendly a village
that you don't feel uncomfortable

if you want to go out
and have a drink and socialise.

And so, it wasn't unusual
that Robin and Di going out

individually or they'd go out,
like we did, as a couple,

and so, we got together
very regular.

It's new.
What do you think?

Expensive?

Early birthday present.

Every girl needs spoiling
once in a while, Robin.

Sometimes they would, you know,
um, Diane would be in the pub

and I hadn't gone round but maybe
some other friends have.

They were happy to shut the shop up,

come round to somebody's house
in the village

and have a barbecue,
a chat, and a drink.

Well, it was lovely to see you all.

Robin, you're not going now,
are you?

Been a few hours.

Robin, come on. Please.

Just another one?

Come on, darling,
just open up a bit later.

If only.

Well, I'm staying.

I'll see you a bit later.

Right.

Well, it's nice to see you both.

Di, darling.
I shall see you in the morning.

Good night.

Night.

All shop and no sex, that one.

I think everybody regarded them
as a couple.

That isn't to say that they were
regarded as a perfect couple.

Robin.

Robin.

Come on.

Wake up.

Certainly, Diana had remarked
that Robin was all shop and no sex.

But nevertheless, there was
nothing to indicate

that there was any rift
between them.

Life after the robbery was becoming
more difficult for the couple

as Robin put more effort
into the business than his marriage.

What's wrong?

I'm fine.
What's the matter?

Nothing.

Di?

I'm bored, Robin.

I'm bored of it all.

I'm bored of the post office,
I'm bored of this life,

I'm bored of this marriage.

What?

It was our dream.

Our business.

I know it's hard work
but I thought you wanted it.

I did.

Just not anymore.

What are you saying?

I don't want to be stuck
in here forever.

You know, doing the same thing,
day in, day out.

There's more to life
than running a post office.

Di...

You're not going to leave me,
are you?

We'll get away for a bit.

A proper little holiday.

Really?

Robin's promise of a holiday
appeared to placate Diana

and life continued for the couple.

Di, I'm back!

Did you get every thing OK?

Bank called,
said the card was overdrawn.

It's all sorted.

I'm just unloading now.

Hey, what do you fancy for tea?

Fish and chips?

Tell you what.
I'll just finish this lot off

and I'll head out to the chippy,

OK.
Right.

On March 22, 2010, Robin Garbutt
went out to buy fish and chips

for himself and Diana.

Can't wait till we go away.

Three whole weeks.

The American dream.

They were going to America
to see Di's sister.

It was going to be
a real treat for them

and they'd arranged to renew
their wedding vows in Las Vegas.

You ought to watch
yourself in Vegas.

All those casinos.

Yeah, and all those free cocktails.

Yeah!

I can't wait.

I'm so looking forward to it.

I don't think trips to America
were a regular occurrence.

I think they'd specifically
saved up for this one

and it was going to be
a real treat for them.

That evening, the couple
went to bed as normal

with Robin's along clock
ready for a 5 AM start.

On March 23, 2010,
Robin woke as usual,

washed and shaved,

before heading downstairs to prepare
for the morning's business.

So, from 5:00 he was very busy

either serving people in the shop

or unloading the rest
of the material

that he'd bought the night before
at the Cash and Carry.

Morning!
Morning, Dave.

Hey, good result for you lot
at the weekend.

Will wonders never cease?

2-1?

Very good.

Right, gotta go.
Right. No rest for the wicked.

Off you go.

See you later.
Take care.

Alright, mate?

The morning rush continued

with the regular stream of customers
up until approximately 8:30 AM.

Thank you.

Thanks a lot.
OK.

Don't move.

We've got your wife.

I want you to turn the light off
and lock the door.

Whilst alone in the shop, Robin was
confronted by a masked gunman.

With the intruder claiming another
gang member had Diana under control.

And lock it.

As the gunman left,

Robin immediately went upstairs
to check on his wife, Diana.

Di?

Di?

Di?

My god.

Horrified by the sight
of Diana's blood-soaked head,

Robin immediately called
the emergency services.

Ambulance.

What's the nature of the emergency?
It's the corner shop, 2 East Road,

Melsonby.

Sorry, could you just repeat
that for me?

It's a really bad line.
Sorry, it's the corner shop...

Yeah, is that is that common...
The old post office?

That's it, yeah.

My wife's been attacked.

She's been attacked?

Is the attacker still nearby?

No, no, no, no, he's gone.

Were any weapons involved
or mentioned?

The guy with me, he had a gun
and he said to me...

He had a gun, sir?

The guy with me he had a,
he did have a gun and he said,

"Don't be stupid."

At about 8:30 AM,

Robin Garbutt's shop
was robbed by an armed gunman...

Don't move.

We've got your wife.

...who claimed another gang member

had his wife, Diana,
under their control.

She'd been killed
with three blows to the head.

Di?

My god.

With his wife motionless
and soaked in blood,

Robin called the emergency services.

Ambulance.

What's the nature of the emergency?
It's the corner shop, 2 East Road,

Melsonby.

Sorry, could you just repeat
that for me?

It's a really bad line.
Sorry, it's the corner shop.

Yeah, is that common...
The old post office?

That's it, yeah.
And that's East Ward?

Yeah.
In which town?

Sorry? Melsonby.

My wife's been attacked.

She's been attacked?

Is the attacker still nearby?

No, no, no, no, he's gone.

Were any weapons involved
or mentioned?

The guy with me, um, he had a gun
and he said to me...

He had a gun, sir?

The guy with me said he,
he did have a gun and he said,

"Don't be stupid.
We've got your wife."

He's gone.
I've come upstairs.

Has your wife been shot?

I don't know if he had a gun,
I don't know!

In a blind panic, Robin exited the
flat above the shop to find help.

Please help me.

Di's been attacked.

God, I'll come right away.

He returned moments later
with a neighbour.

Turn her over.

God.

...her face.

Shortly after 8:30 we heard
the sirens coming down the road.

They just pulled up outside
the post office shop.

Two paramedics raced up,
tried the front door,

but then they couldn't get in
the front door,

so they raced
round the back.

All hell let loose and there was
the police and sort of everybody

descended on the village and that's
when we'd knew it was serious.

The post office had been
cordoned off by police,

there were several
police officers around,

and there was
a lot of activity.

The news that was coming
out of the shop was that,

you know, there'd been a robbery
and had been shot

because previous year,
there had been an armed robbery

more or less to the day.

So, we, you know, thought,
"Hell, not again."

You know, you saw all things
go through your mind.

Immediately, police began
their investigation,

physically searching
the village for clues

and began interviews with the locals

looking for any information
on who killed Diana Garbutt.

When they examined Diana's
body on the bed,

they realised that she had been
struck three times.

Three blows to the head

and a considerable
amount of blood had been shed.

I was at work and I got a phone call

and, saying to me

that, um, something had happened
in the shop

and that Diane had been killed.

I just couldn't believe it,
like, you know.

It was a terrible,
terrible shock.

Absolute devastation, like, that the
place would ever be the same again.

Robin would never be the same again.

Di was his life.

He worshipped her.

Robin and Diana were
a very popular couple

and for people to find out that
Mrs Garbutt had died

was a big shock.

Mid-morning, the police
had issued a statement

to say that they had launched
a murder investigation.

As the investigation continued,

Robin was brought into the police
station for routine questioning.

I'm in the post office
and I heard a noise.

And I thought it was Di
coming into the shop.

There's a guy...

Don't move.

...and I just knew
that I was going to be robbed.

The first thing he said to me was...

We've got your wife.

Fill me the safe.

And he just walked out.

And I went straight upstairs

and I poked my head into
Di's bedroom, our bedroom.

That's when it...

Di?

That's when I found her.

She had been...

She weren't moving.

In the days that followed,

police continued to search
the village for clues.

I think as information came out

there was various searches
done in various areas.

They did the village green,
they did the churchyard,

they, and again, you know,
they did our yard.

This is the main crossroads
east to west

and obviously north to south.

That's the motorway road there.

It's about a mile
down to the motorway.

Um, you can see
the front of the shop.

And then you come to the rear

and then that's where the, you know,
the bar was found

up on the top of this wall here.

A rusty metal bar
was on top of this wall.

This was where the bar was found
just on this wall here.

What was interesting

was that everybody said it looked
as though it had been placed there.

This wall was 8 feet
high from the roadside,

though if you walked round
to the garage

then the ground slopes upwards,

so in fact the wall's only
about 3 feet high from that side.

So, when they send it
for analysis,

it turned out to be
the murder weapon

because it had
Diana's DNA on it.

I mean, maybe he expected it
to go over, I don't know.

I mean, there's two ways,
isn't it?

You can either throw it or you would
climb up and just put it on, yeah.

With the yard being inaccessible
on the morning of the murder,

it made no sense that the murderer
had risked being seen

by climbing over the wall
in full view of the road.

The kids stand right
opposite our wall.

At 27 minutes past,
they're all here.

It's fairly... You can more or less
set your clock by it, you know?

There's nothing rings right with it,
you know?

With no eyewitnesses
of the assailant

during the busiest part of the day,

police began to doubt
Robin's version of events.

Very quickly, the police were
sceptical of Robin's story.

They'd listened to what he said
and they didn't believe him.

They didn't think
that what he was saying

was, was likely to have happened.

Just three weeks
after the murder of Diana,

Robin was arrested
under suspicion of her murder

and taken to Northallerton
police station for questioning.

Robin was arrested,
questioned, and then charged.

Robin was then refused bail
and was sent to prison.

Police had found a pair
of bloodstained shorts

which they asserted were his
and therefore, you know,

he was a violent man.

Forensic analysis confirmed

that the bloodied shorts
did not belong to Robin

and the iron bar
discovered at the scene

had none of Robin's DNA on it.

He was later released on bail
to await the trial

for the murder of his wife.

The village was very split
and it was very difficult

because everybody
wanted an opinion

and nobody wanted
to listen to an opinion

and everybody formed
their own opinion.

Those who weren't as close to Robin
or didn't understand,

it became very much that the village
became divided at one time.

People who knew him, that went
in the shop on a regular basis,

all stood behind him.

They all said the same thing,
knowing and meeting him,

and knowing the character of him,
that he couldn't have done it.

On March 23, 2010...

Don't move!
We've got your wife.

Robin Garbutt's village post office
was robbed at gunpoint.

As the gunman left,
Robin ran to check his wife

in the flat above the shop.

Di?

My god.

She'd been killed
with three blows to the head.

As police investigated,
the murder weapon was found

across the road
from the post office.

You know, the bar was found
up on the top of this wall here.

A rusty metal bar
was on top of this wall.

This had turned out
to be the murder weapon

because it had
Diana's DNA on it.

Very quickly, the police
were sceptical of Robin's story.

Three weeks after
the murder of Diana,

her husband, Robin,
was charged with her murder

but bailed
to await his trial.

Robin was asked
to stay away from the village

for good enough reasons

and he went to live
with his mother.

All we were bothered about
was finding out how Robin was

because we knew
he'd be devastated.

And we just wanted to show him
that we supported him

and we wanted him to know
that we believed in him.

I'm so sorry, Robin.

I miss her so much.

And he was very emotional.

And every time he talked
about Di, he cried.

We're all behind you.

The whole village.

You don't have to worry
about a thing.

But I'm scared.

What they going to say in court?

You know I'll support you.

But I have to hear it.

From you.

Did you have anything
to do with this?

You shouldn't have to ask me that.

I know, I'm sorry.

Just over a year
after the murder of Diana,

Robin Garbutt's murder trial began
at Teesside Crown Court.

There was a large amount
of interest, both on the media.

There was obviously
also family members

and both Diana's mother

and Robin's family
attended the court.

This was an extraordinarily trial

and there were
some extraordinary features in it.

Probably the most
extraordinary feature

was the way in which
time of death was determined.

The time of death
was, was absolutely crucial

because if it happened
after five or certainly after six,

there was no way that Robin
could have done it

because the till roll showed
that he'd been

completely busy in the shop.

Prosecution's pathologist

concluded from the autopsy
from Diana's body

that the fish and chips
she'd eaten the night before

were not sufficiently digested.

The expert purported
to give a time of death

that allowed the police to say
that the death had occurred

prior to Robin starting work
in the shop that morning at 5 AM.

Supporting the time of death

calculated
by the prosecution's pathologist

was the testimony
of Robin's neighbour

he'd summoned to the scene.

When the body was discovered,

the neighbour said
she thought the figures were stiff

although she attributed
that to all the blood

making the fingers
difficult to move.

God, her face.

What about her face!

She also said the body
was still warm

although perhaps getting
a little cold.

Well, I think
from my point of view

it was just the fact that she
possibly could have died

at 3:30 in the morning or 2:30
in the morning and I was there...

...and she was lying dead upstairs.

And yet, he can put on this mask
and performance

as if nothing had happened,
as a cool, calculated killer.

Adding to the dossier of evidence

to discredit Robin's account
during his police interview,

he told investigators
he'd not left his home

after returning
with the fish and chips

and yet a villager
testified in court

that she had seen Robin
acting suspiciously...

Robin!

...outside the post office
on the night before the murder.

This was deemed important
because Robin had said he hadn't,

he hadn't left the shop
that evening.

Yet this lady was adamant
that she had seen Robin.

Adding to the prosecution's case

was the notion that all was not well
in the Garbutt's marriage.

Possibly the most shocking evidence
put before the jury

was the details
of Robin and Diana's relationship.

Robin.

Come on.

Wake up.

All shop and no sex, that one.

There were suggestions that Diana,
in some ways,

felt a little bit lonely
within the relationship.

Because I think Robin
was so tied up with the business.

Mrs Garbutt was particularly
not happy within the relationship

and was potentially
looking to get out.

Mrs Garbutt had visited
dating sites

in the days and weeks
before the incident.

There was evidence from people
who'd had affairs with Mrs Garbutt

in the months and years
before the murder.

I think, in one case,
there was a fleeting kiss,

in another case,
two of them got drunk at a party.

There was evidence given that Diana
had been packing that night.

That clothes had been
removed from the wardrobe.

Um, there was
also evidence given

that they were sleeping
in separate bedrooms

and Diana was found
in the spare bedroom

not in the couple's bedroom.

The suggestion being
that they were sleeping apart.

On the night before Diana's murder,

Robin had driven
to the local wholesaler

to restock the village shop.

Binny, I'm sorry,
this doesn't work either.

I've tried this card
and your wife's card

His credit cards were declined.

What, are you sure?

Yeah, yeah.

Robin tried to use
Diana's credit card.

That too was declined, prompting
the bank to call her that evening.

Did you get everything OK?

Bank called,
said the card was overdrawn.

It's all sorted.

I'm just unloading now.

There was a lot of
financial evidence

suggesting that the Garbutts
did have money problems.

Probably things weren't hundred
percent in the shop, financially

because when you're in business,
you do notice things.

I knew that stock was being
depreciated in the shop.

It seemed to me though
that they weren't keeping the stock

that the previous owners
had kept.

Robin had large credit card debts.

There was suggestion
from the prosecution

that Robin had been living
or spending beyond their means.

I really think we should update
the kitchen, don't you?

You know we can't afford it.

Come on.

It won't cost that much.

We can't afford it.

Robin.

It was suggested by the prosecution

that Robin was desperate
to give his wife a certain lifestyle

and was prepared to go into debt
to fund that lifestyle.

You want to watch yourself in Vegas.

All those casinos.

I can't wait.

Three whole weeks.

And they suggested that this
was one of the contributing factors

that they claimed tipped Robin
over the edge that day.

Throughout the trial,
the prosecution painted a picture

of Robin as a husband
who was spending beyond his means,

um, to keep his wife.

You're not going to leave me,
are you?

She perhaps didn't want to be
in the relationship anymore,

she was looking for out,

and yet he was desperate to keep her

and he was prepared to spend

considerable amounts of money
to do that.

The suggestion was that
on the night the murder took place,

Diana was potentially
packing to leave.

The suggestion from the prosecution
was that Robin wanted to stop that

and it's then
that he did what he did.

Prosecution's version of events
is that Robin had killed Diana

sometime during the night and had
then opened the shop as normal,

gone about his business as normal...

Alright.

Take care.

...and then feigned the appearance
of the gunman at about 8:30.

The robbery and murder had happened

almost exactly one year
after the first incident

raising further suspicion
as to whether the first robbery

had in fact been faked by Robin

in order to steal
from the post office

to cover his rising debts.

It's the post office in Melsonby.

We've been robbed.

The whole police case in summary

was that Robin's story
was too far-fetched to be believed.

Despite the prosecution's attempts

to build the profile
of a killer husband,

the forensic evidence
against Robin was deeply flawed.

Diana was found on her bed

when Robin and the neighbour
found her.

Now, Diana had been in the army,
she had worked for a prison,

she had worked as a prison guard,
so everybody assumes

that had anything happened,
she would have defended herself.

Robin?

My god.

But the most astonishing thing

is that there was
a clump of hair there.

She would have put up a struggle
and so had she actually snatched

some hair out of her assailant's
head, absolutely perfect evidence.

There's no association of Robin
with the clump of hair

because his hair was grey and short
and this hair was longer

and because it's on the scene of
crime photographs that were taken.

And what happened to it?

The police lost it.

The defence team
made a number of suggestions

that North Yorkshire police's
investigation

wasn't completely competent and
professional as it could have been.

It was the single most
important piece of evidence

and all the police could say was,
"Well, we've lost it."

Listening to that 999 call in court,
it was a dramatic moment.

Were there weapons
involved or mentioned?

The guy with me, um, he had a gun
and he said to me...

He had a gun, sir?

The guy with me said he had,
he did have a gun and he said,

"Don't be stupid.
We've got your wife."

There was no doubt in my mind
that Robin was extremely upset

when making the call.

Ambulance.

What's the nature of the emergency?
It's the corner shop...

I guess the question is
what was making him upset?

Was it because
he'd just found his wife

who'd been murdered by robber

or was it because
he'd just murdered his wife?

I don't believe there was
one single piece of damning evidence

throughout the trial.
There was no smoking gun.

What made Robin's story
more unlikely

was the sheer number of people

who were in that village
at the time,

including for example,
a large number of schoolchildren

who waited outside the shop,
many with parents,

and they never saw anything.

There was nothing,
I didn't hear anything,

and as I say, I was outside
and I was only sort of,

what was it,
50, 70 yards from the actual shop.

The whole police case

in some way was that it was
just a lie that Robin was telling.

After less than five hours
deliberation,

the jury returned their verdict.

Total disbelief when it came
and what did surprise me

more than anything was the speed
in which they came to the decision.

Just sheer disbelief that, you know,

they could find him guilty

with the all the evidence
that had been put before them.

Robin just hung his head.

You only needed to see the look on
Robin's face throughout the trial,

let alone on the day,

to understand
that this man did not do it.

This man's not capable of doing it

and we will fight to the end.