Innocence Fraudster Nick Wallis, Secret Recordings, Clandestine Devices & Subterfuge & Psychopathic Killer Robin Garbutt (Part 10)

Nick Wallis

It is not known if freelancer Nick Wallis is a member of the national union of journalists but excerpts from their codes of conduct online page state here;

The code of conduct has set out the main principles of UK and Irish journalism since 1936. The code is part of the rules of the union.

The code’s purpose is to advise members, and other journalists, on how to carry out their work ethically. It has been used by journalists over the decades to challenge unethical instructions and produce content that is “honestly conveyed, accurate and fair”.

The code has been democratically agreed by NUJ members. The current code was updated in 2011 and forms part of the union rules as Appendix A.

A journalist:

  1. At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed.
  2. Strives to ensure that information disseminated is honestly conveyed, accurate and fair.
  3. Does her/his utmost to correct harmful inaccuracies.
  4. Differentiates between fact and opinion.
  5. Obtains material by honest, straightforward and open means, with the exception of investigations that are both overwhelmingly in the public interest and which involve evidence that cannot be obtained by straightforward means.
  6. Does nothing to intrude into anybody’s private life, grief or distress unless justified by overriding consideration of the public interest.
  7. Protects the identity of sources who supply information in confidence and material gathered in the course of her/his work.
  8. Resists threats or any other inducements to influence, distort or suppress information and takes no unfair personal advantage of information gained in the course of her/his duties before the information is public knowledge.
  9. Produces no material likely to lead to hatred or discrimination on the grounds of a person’s age, gender, race, colour, creed, legal status, disability, marital status, or sexual orientation.
  10. Does not by way of statement, voice or appearance endorse by advertisement any commercial product or service save for the promotion of her/his own work or of the medium by which she/he is employed.
  11. A journalist shall normally seek the consent of an appropriate adult when interviewing or photographing a child for a story about her/his welfare.
  12. Avoids plagiarism.

The union will support journalists who act according to the code. The union believes any journalist has the right to refuse an assignment or be identified as the author of editorial that would break the letter or spirit of the code of conduct.

The union has been campaigning for years for a conscience clause in contracts of employment. This would give a contractual protection against being dismissed when journalists stand up for a principle of journalistic ethics.

Excerpts from the national union of journalists organisation code of conduct online page

And excerpts from clause 10 of the independent press standards organisation editors code of practice state here;

i) The press must not seek to obtain or publish material acquired by using hidden cameras or clandestine listening devices; or by intercepting private or mobile telephone calls, messages or emails; or by the unauthorised removal of documents or photographs; or by accessing digitally-held information without consent.

ii) Engaging in misrepresentation or subterfuge, including by agents or intermediaries, can generally be justified only in the public interest and then only when the material cannot be obtained by other means.

Excerpts from the independent press standards organisation editors code of practice online page

In 2020 Nick Wallis ‘fronted’ a ten part series for BBC radio 4. Excerpts from the BBC’s ‘Guidance’ on ‘Secret Recording’ state here;

Secret Recording from Outside Sources

Proposals to use secret recordings made by others must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independents, by the commissioning editor. It is advisable to retain a record of the decision. If the BBC would not have considered it justifiable to gather the material under similar circumstances, approval will also be required from Director Editorial Policy and Standards.

Re-use of Secret Recording

We should consider public interest, privacy and fairness issues when proposing to re-use secretly recorded material.

(See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability)

The re-use of secretly recorded material must be referred before broadcast to a senior editorial figure or, for independents, to the commissioning editor. A record must be kept of the decision.

Considering the Subject and Behaviour to be Secretly Recorded

When considering who it is appropriate to secretly record, we should take account of legitimate expectations of privacy and the public interest.

(See Editorial Guidelines Section 7 Privacy: Legitimate Expectations of Privacy 7.1)

The subject to be recorded should normally be the target of any investigation, against whom there is prima facie evidence of wrongdoing or intended wrongdoing.

Any attempt to secretly record people who are not involved in committing the behaviour under investigation, especially vulnerable people or innocent victims of the behaviour, will need a strong public interest justification – the ends (i.e. the seriousness of the wrongdoing being exposed) should justify the means. In such cases, consideration should also be given to drawing up a protocol for those carrying out the recording, to minimise any infringements of the privacy of the vulnerable. Advice is available from Editorial Policy.

The subject of the secret recording may be a single and very specific individual target responsible for wrongdoing, or it may be a number of people with varying degrees of responsibility. Sometimes it may be appropriate to secretly record individuals who are representative of a particular group, or organisations who are representative of (for example) an industry, to explore patterns of behaviour in that group or industry. When we do that we will have to consider the public interest in exploring those patterns of behaviour, and whether it will be appropriate to identify the individuals or organisations in the broadcast material. (See below: Prima Facie Evidence – Social Research) 

23rd March 2010 ~ Diana Garbutt Murdered

As referred to in Part 9 of Hornswoggler Nick Wallis & His ‘Great Post Office Scandalhere, Diana Garbutt was murdered by her psychopathic husband Robin Garbutt in the early morning hours of Tuesday the 23rd of March 2010, and he went on to pretend he had been held up at gun point by non existent robbers.

Robin Garbutt’s murder of his wife Diana was premeditated, and to date he has chosen to attempt to groom, con and exploit anyone who will listen to his nonsense regarding pretend robbers.

2011

Excerpts from a 2011 Guardian article headed Husband guilty of murdering postmistress wife read;

Mr Justice Openshaw sentenced Garbutt to life in prison and told him he would serve a minimum of 20 years.

“There was no struggle, she never awoke,” the judge said. “He struck three savage blows, smashing her skull and causing her immediate death as clearly he intended.”

Garbutt hid the weapon across the road, then opened the shop as normal. “He feigned cheerfulness as he served customers as he attempted to deceive them that all was well,” the judge added.

He said Garbutt had told the same “ludicrous story from beginning to end”.

The judge said the defendant had shown no remorse, adding: “He has always accompanied his lies with sanctimonious lies of his love for her. By their verdict, the jury have exposed this as pure humbug. This was a brutal, planned, cold-blooded murder of his wife as she lay sleeping in bed.”

Excerpts from a Guardian article headed Husband guilty of murdering postmistress wife dated the 11th April 2011

2012

An ill thought out appeal made by Diana Garbutt’s killer, following his conviction for his murder was refused. Excerpts from a 2012 York Press article headed Robin Garbutt loses his conviction appeal read;

Three judges in London said that his conviction was safe.

He had argued that it should be overturned on the grounds that that newly disclosed Post Office accounting records going back to 2004 supported the credibility of his evidence and undermined part of the prosecution case, but the judges disagreed.

Lord Justice Hughes said the accuracy of the newly discovered Post Office records was not disputed.

The prosecution’s case was that “there could never have been an intruder” – there was no robbery and it followed that Garbutt had killed his wife.

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

It was submitted on Garbutt’s behalf that the pattern shown by the records “cannot be relied upon as demonstrating thefts of Post Office cash”.

Had the jury had the full records “it would have supported the defendant in something that he said, namely that he had always held large sums in the safe, and the jury would have been likely to take a different view of his credibility generally”.

Lord Justice Hughes said: “The premise on which this appeal has so well been argued is that the jury may have proceeded from theft to murder. “We have asked ourselves anxiously whether that might be so. We are clear that it cannot be.”

Excerpts from The York Press article headed Robin Garbutt loses his conviction appeal dated the 24th of May 2012

July ~ 2019

In July 2019 an email to Jon Robins from Stephanie (Hall) was published, now under the header What lessons, if any, have been learned following the exposure of Joan Albert’s killer’s innocence fraud in 2012/13?

An excerpt reads;

Many con artists have had their convictions overturned.. on technicalities. Their cases pollute the criminal justice system and MOJ movement and many academics, journalists and legal professionals further their careers because of cases like these but when you start digging and look a bit deeper the contamination of confirmation bias becomes clear and all is not as it seems

Excerpt from a 10th of May 2019 email published under the header What lessons, if any, have been learned following the exposure of Joan Albert’s killer’s innocence fraud in 2012/13?

April ~ 2020

An internet search for the judgement related to Diana Garbutt’s killer’s appeal throws up nothing, however Neil Wilby stated via twitter (here) on the 1st April 2020;

#RobinGarbutt CoA judgment not published on @BAILII. It is copyrighted and, in any event, came to me by way of privileged correspondence. Unable to share, therefore. At least, for now.

Neil Wilby

June ~ 2020

Also referred to in Part 9 here, was that Nick Wallis had apparently contacted Jane Metcalfe, who has been/and is being groomed, conned and exploited by Diana Garbutt’s killer, and many other people.

Again, Jane Metcalfe said of Nick Wallis;

He contacted me and said ‘How come we’ve never known about this case of Robin Garbutt? I can’t believe I don’t know about this case.’  And there’s hope that sometime we’ll do something on the case. 

Jane Metcalfe – 7th June 2020

The above can be listened to here beginning from approximately 51:10, although it is not known exactly what date Nick Wallis first contacted Jane Metcalfe.

October ~ 2020

In October 2020 Neil Wilby was seemingly under the bizarre impression that Diana Garbutt’s killer had not acted alone, as can be seen in the screenshot below;

Screenshot of tweet made by Neil Wilby on the 7th October 2020 – which includes a photo of Diana Garbutt’s killer

November ~ 2020

On the 17th of November 2020 Neil Wilby stated via Twitter here;

Good afternoon, @HiddenInjustice. The Robin Garbutt innocence claim is being reviewed by journalist, @nickwallis. He would like to speak to you, or contact you via email, if that can be arranged?

Neil Wilby

It is no real secret to those people within the ‘wrongful conviction movement’, familiar with Joan Albert’s killers innocence fraud, that @hiddeninjustice is a secondary victim of killer Simon Hall (See the ‘Quite A Hall Tale’ blog series here).

As a result of both Neil Wilby’s tweet and messages from someone else, contact was made privately by Stephanie (Hall) to Nick Wallis who stated in part;

Neil suggested you had been on the receiving end of some unpleasantness from the pro RB (sic) team’

Nick Wallis (17th November 2020)

Stephanie (Hall’s) reply, in part, was;

Re ‘Neil suggested you had been on the receiving end of some unpleasantness from the pro RB team’

I presume you mean RG = Robin Garbutt

Neil’s perception is interesting but incorrect

Stephanie (Hall) – 17th November 2020

Nick Wallis also stated;

Did Neil explain I am also trying to turn this into a podcast?

To that end once weve (sic) had a preliminary chat so you can get the measure of me – would you consider allowing me to record our conversation so i can put it into the podcast?

Nick Wallis (17th November 2020)

Sometime in early 2021 Stephanie (Hall) learned that Nick Wallis had mislead her from the very beginning of his communication with her and had secretly recorded her anyway.

It is not known who Nick Wallis may have shared parts, or all of his secret recording(s) with.

24/11/2022 – CCRC Refuses Killers 3rd Application

In a statement, the independent body said:

“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 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.”

A 50-page report with full details of the CCRC’s findings was being shared with the Garbutt family’s legal team, it added.

Excerpts from the BBC’s article headed Robin Garbutt: Postmaster jailed for wife’s murder loses new appeal 24th November 2022

Link to Part 11 here

Biased Post Office Horizon Inquiry: Hornswoggler Nick Wallis & His ‘Great Post Office Scandal’ (Part 1)

Nick Wallis

Hack Nick Wallis & Innocence Fraud

In November 2020 Nick Wallis showed an interest in the ’innocence fraud concept’ and said he was ‘new to the idea of innocence fraud’ and that he was ‘fascinated by it’ and he was allegedly ‘trying to turn it into a podcast’.

Because by the end of 2020, early 2021, Nick Wallis was giving the impression he was planning to put together a podcast on innocence fraud, he was put into contact with Roberta Glass, of the Roberta Glass True Crime Report Podcast, based in New York City, NY.

Nadia’s episode on Innocence Fraud with Roberta Glass is well worth a listen;

Nick Wallis stated around this time;

Simon Hall was clearly a big jolt to the senses of a lot of people

I’m going to get back into pulling together what I’ve already recorded, but this is great context, thank you, Stephanie

Nick Wallis – January 2021

In a nutshell, innocence fraud is when a guilty, deceptive and manipulative person, like Joan Albert’s killer Simon Hall (Read more in the The Truth Behind Killer Simon Hall & His Enablers #InnocenceFraud Phenomenon Scam blog series), is enabled by other manipulative and deceptive people, including family members, friends, lawyers, academics, the criminal cases review commission, the court of appeal, MP’s, forensic scientists, hacks, writers, authors, journalists, documentarians, celebrities and others to lie on their behalf and craft false but convincing narratives in an attempt to give the impression the guilty convicted person is innocent.

The passage of time can help in cases of innocence fraud and requires hacks like Nick Wallis to, for example, fabricate leading narratives and mischaracterise the nature of the existing evidence which led to the conviction.

One of the key ingredients of innocence fraud is using the press to fabricate a leading narrative. 20 year veteran forensic scientist John M Collins Jr stated in 2014;

A common thread in many exonerations is the use of willing journalists to front-load a post-conviction investigation with the construction of a compelling innocence narrative.

Indeed, this can also be a problem in typical criminal investigations where the press jumps to conclusions about a suspect’s guilt. But in post-conviction litigation, the passage of time makes it far easier to sell the alternative story as being legitimate

Excerpt by John M Collins Jr from a 2014 article for the National District Attorney Association organisation headed, The Prosecutor with the byline, ’Innocence Fraud’ Demands Prosecutor Vigilance

And this is exactly what Nick Wallis has done with the Post office Horizon cases.

None of the 71 sub-postmistresses or sub-postmasters who, to date, have had their convictions overturned by the court of appeal, have yet to prove they were/are actually, factually innocent for the crimes which they were initially convicted of.

Nick Wallis does not seem to care about this fact and instead he is calling them all ’innocent’.

The court of appeal do not posses the power to declare these people innocent, which Nick Wallis is aware of, and as was made clear on the 30th January 2019 by the Supreme court in their judgement of R (on the application of Hallam) (Appellant) v Secretary of State for Justice (Respondent) [2019] UKSC2.

It reads at paragraph 32;

It should be made clear that the CACD does not possess any power to make formal findings or declarations of innocence. Nothing in the Lord Chief Justice’s judgment in Adams suggested that it did. It is not the CACD’s role to determine whether the appellant is factually innocent.

CACD = Court of appeal criminal division

[2019] UKSC2

False, Misleading & Distorted Narratives

One of the cases Nick Wallis has written about is that of thief and fraudster Seema Misra, who pleaded guilty to six counts of false accounting and was found guilty of embezzling almost £75,000.00, over around two years and seven months, and spent around four months in prison for her crimes. Although the actual figure of Seema Misra’s embezzlement was estimated to be well over £100,000.00.

Links to the transcripts for each day of Seema Misra’s trial, which eventually began on Monday the 11th of October 2010, can be found here

Seema Misra

Seema Misra’s convictions were ‘overturned’ on a technicality by the court of appeal in 2021, and she was not found factually innocent, although this fact did not stop editors and newspapers like the Woking News & Mail (Which covers the West Byfleet area, where Seema Misra committed her crimes) for example, falsely claiming to their readers, ‘Seema is finally innocent’.

This false and misleading misrepresentation has been brought to the attention of Mark Miseldine, the editor of the newspaper in question along with the independent press standards authority (IPSO), and it will be interesting to see what, if anything, they choose to do about this propaganda.

The criminal cases review commission, who referred Seema Misra’s convictions to the court of appeal, can and do magic away main planks of a prosecutions case, as was evident in Joan Albert’s killer, Simon Hall’s case (Which can be read about here by clicking on each blue link to each part of the blog series).

The supposed ‘receipts & payments mismatch bug’ did not affect embezzler and fraudster Seema Misra’s post office branch or any branch before 2010, so why did the CCRC choose to refer her conviction to the court of appeal and how did the CCRC magic away the actual evidence? (See further Parts of this blog series for more on this – including Part 4 here)

The CCRC referred Simon Hall’s murder conviction to the court of appeal in October 2009, and it is still not known how or why the court of appeal were also seen to magic away another main and pertinent plank of the prosecutions case against Simon Hall, namely the Hall families concoctions.

If the criminal cases review commission and the court of appeal and all lawyers involved can use deceptive and fraudulent tactics like this with a murder conviction, just imagine what deceptive tactics they use with convictions of embezzlement of over £100,000:00 and false accounting, like in the Seema Misra case.

John Curtis, who was the case review manager from the criminal cases review commission and one of the people who helped enable Joan Albert’s killers fraud, made the bizarre claim in 2015, which was published by council magazine under the even more bizarre, false and misleading heading ‘Righting Wrongs’;

The Commission’s contribution to society is important

John Curtis

Enabling fraud is most certainly not important to society and John Curtis’s statement suggests not only had he not reflected on all the evidence in the case against Simon Hall, he had also not reflected on his failure to recognise the fraud when the case papers landed on his desk.

John Curtis – case review manager for the criminal cases review commission

And the fact that Seema Misra and none of the other sub-postmistress or postmasters were declared factually innocent do not appear to phase politicians on the business, energy and industrial strategy committee either.

For example, it was reported in a 17th February 2022 article, on the business, energy and industrial strategy committees parliament website that Bristol’s labour MP Darren Jones, who chairs the committee stated;

The Post Office-Horizon scandal is one of the largest miscarriages of justice in British history, subjecting sub-postmasters, postal workers and their families to the most appalling hardship 

Statement by Darren Jones
Labour MP Darren Jones

But a deeper look into the case and campaign of thief and fraudster and former sub-postmistress Seema Misra, has all the hallmarks of innocence fraud.

Millions Pledged to Save Post Offices

Nick Wallis has omitted a whole lot of facts regarding con artist Seema Misra and the case against her and he does not appear to have explored and addressed the monetary loses faced by sub-postmasters and postmistresses, reported on as far back as June 2000; because to do so would make the narrative he (And others) has chosen to tell even less believable than it already is.

In the year 2000 an article was published for the Guardian newspaper under the header, Millions pledged to revitalise post offices, stating;

Hundreds of millions of pounds of subsidies to save the declining post office network have been agreed between the Treasury and the Department of Trade and Industry.

The precise sum will be made public at the spending review announcement next month, covering 2002-5.

The industry secretary, Stephen Byers, yesterday claimed the money, coupled with new commercial opportunities, would help to prevent “avoidable closures” of rural post offices. But Mr Byers gave little detailed definition of this reassurance, prompting Conservative claims he had still not guaranteed the safety of Britain’s unprofitable post offices

The post office network, already losing 400 offices a year, is on the verge of a crisis engendered by the government decision to switch to automated credit transfer (ACT) for the payment of benefits. The Post Office will lose £400m by 2005 when ACT will have been completed. Currently, the payment of social security benefits accounts for 35% of its income.

But figures published yesterday show nearly half the post office network already generates less income than it costs. In total these offices lose around £35-40m, mainly in rural areas.

Excerpts by Patrick Wintour & Geoffrey Gibbs for the Guardian article headed Millions pledged to revitalise post offices 29th June 2000

Thieves & Fraudsters ‘Dave & Seema’ Misra

Seema and Davinder Misra

Seema and her husband Davinder (Dave) ran Homedecore.co.uk limited and Misra’s and sons limited before purchasing the West Byfleet shop and post office, located at 14, Station Approach, West Byfleet; around a minutes walk from the railway station (According to google maps), in 2005.

Google maps

West Byfleet is a small village located in Surrey. It is not known how many people lived in West Byfleet in 2005 but by 2011 (According to a census) the village was said to have a population of 5,626 people.

West Byfleet post office on Station Approach, West Byfleet, Surrey

It is also not known what due diligence, if any, Seema and Davinder Misra had carried out before purchasing the shop and post office and moving to West Byfleet but it was regularly being reported around this time that small post offices were dangling in the balance with some 6,500 rural post offices running at a loss. And by 2006 it was being reported that the post office network were making huge loses.

In October 2006 the Evening Star newspaper reported here that it was backing a protest which was to be held outside the Houses of Parliament to highlight concerns about the state of the post office network.

Postmasters hold umbrellas as they gather during a rally on October 18, 2006 in London, England. The National Federation of Subpostmasters are calling for urgent government action to safeguard the network of rural post offices at today’s rally. Photo by Daniel Berehulak

Warning to Struggling Post Offices

Protests, petitions and warnings were regularly being reported on throughout the UK by 2006, like Matt Weaver’s 2006 article for the Guardian here, which stated, ‘Britain’s postmasters are lobbying parliament in protest at the closure of thousands of post offices’ and ‘The Post Office has lost control of a number of revenue-generating services, including the TV licence contract. Last year, post office transactions fell by £168m’.

In 2006 the BBC reported;

The Department of Trade and Industry said that scale of cuts was “not on the table” but the current size of the network was “unsustainable”

The network is said to be making huge losses, and a current £150m-a-year subsidy for the rural network is due to be withdrawn in 2008.

Excerpt from BBC News article headed Thousands of post offices ‘to go’ 9th December 2006

And in April 2007 the East Anglian Daily Times reported, under the header, Warning over struggling postmasters;

STRUGGLING postmasters could be forced into desperate measures to keep their businesses afloat, it was warned last night. Beryl Keats, Suffolk secretary of the National Federation of Sub-Postmasters, said that businessmen and women running struggling post offices – particularly in rural areas – could be tempted to dip their fingers into the till.

She raised her concerns after Kevin Howells, former sub-postmaster at Acton, near Sudbury, pleaded guilty to stealing more than £15,000 by using lottery takings to subsidise the adjacent shop.

Excerpts from a 25th April 2007 East Anglian Daily Times article

Link to Part 2 here