LAWYERS representing convicted killer Robin Garbutt have lodged an appeal saying new evidence has been found to clear the sub-postmaster.

The 46-year-old’s family last night spoke of their determination to prove he did not murder wife Diana while she was sleeping in her bed.

His sister, Sallie Wood, said she would fight to prove her brother’s innocence until her dying day, adding: “I know he did not kill Di and will stop at nothing to bring an end to this travesty of justice.”

Garbutt was found guilty of murdering his wife at the post office and shop they ran in Melsonby, near Richmond, North Yorkshire, on March 23, last year.

In April, he was sentenced to life at Teesside Crown Court and was told he must serve at least 20 years in prison. An appeal against his conviction was yesterday submitted to the Court of Appeal.

The appeal will be led by Jamie Hill QC, who represented Garbutt in his trial.

Mr Hill’s office confirmed last night that the appeal had been lodged on the grounds of new evidence, although further details were not given.

Mrs Wood, from North Yorkshire, said her family had been devastated by the murder and her brother’s conviction.

However, she added: “We have been strengthened by Robin’s unwavering bravery – firstly in the face of the unbelievable allegations and then on being convicted of a crime he did not commit.

“Robin is the most genuine, kind, gentle and honest person you could ever wish to meet.

“But he is incarcerated in Frankland Prison, in Durham – a maximum-security prison – for a crime he did not do. Knowing he is there is a living nightmare and one that has affected my family terribly.”

She said the family had been overwhelmed by the support of friends, neighbours and strangers.

She said: “There are prayer groups around the world praying that justice will be done.

“Robin has received more than 500 letters and cards while in prison. Knowing that all those people believe in my brother keeps me, my mum and the rest of the family going and gives us the strength to fight for his name to be cleared.”

Mrs Wood said she believed the people who killed Mrs Garbutt were still on the loose and could kill again.

She said: “We hope that whoever they are they will eventually be caught and brought to justice, although the damage to my brother will never be repaired.

“He loved and worshipped Di – anyone who knows him knows he was devoted to her. Being accused of killing her has left him with a broken heart which will never mend.”

Mrs Garbutt was found dead in the living quarters of the post office by police and paramedics after reports of an armed robbery.

Detectives initially appealed for help to catch a man wearing a balaclava and armed with a gun.

Sentencing Garbutt in April, Mr Justice Openshaw said the defendant’s account had been exposed as “pure humbug” by the jury’s verdict.

The court heard how Garbutt attacked his wife with a metal bar as she slept. He then placed the weapon on a wall across the road from the post office and opened the shop at 4.30am.

Over the next four hours, he served about 60 customers, before locking the door at 8.35am and calling 999 saying he had found his wife’s body after being robbed by a man with a gun.

The jury was told how Mrs Garbutt had been unfaithful in the months before her death.

Prosecutors also pointed to large debts run up by the couple as a possible trigger for the murder.