Death of Stuart Lubbock

Man who died under suspicious circumstances at the home of Michael Barrymore

Stuart Lubbock

Born| (1969-10-01)1 October 1969
Died| 31 March 2001(2001-03-31) (aged 31)

Roydon, Essex, England

Occupation| Wholesale butcher's supervisor
Known for| Death under suspicious circumstances at Michael Barrymore's home
Children| 2

Stuart Lubbock (1 October 1969 - 31 March 2001) was a meat-factory worker from Essex, England, who died under suspicious circumstances at the home of the television personality Michael Barrymore.

Lubbock was pronounced dead at the Princess Alexandra Hospital, Harlow, at 08:23 on 31 March 2001. Michael Barrymore and two others present - James Futers and Simon Shaw - reported finding Lubbock unconscious in the swimming pool of Barrymore's home in Roydon, Essex, earlier that morning. He was wearing only boxer shorts. He was discovered by the pathologist at the hospital to have serious anal injuries, with traces of ecstasy, cocaine and alcohol in his blood.

Barrymore's television career effectively ended as a result of the police investigations and legal action around the case.

## Background

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Lubbock, a wholesale butcher's supervisor from Harlow, Essex, had visited the home of Barrymore after meeting him in The Millennium nightclub. A party followed.

According to BBC News,[1] neighbours described Lubbock as a "pleasant, sociable" man who lived with his father Terry and brother Kevin in a terraced house in Harlow. At the time of his death, Lubbock had two daughters, aged four and one, who were being brought up by his former partner whom he had left months earlier.

## Inquest

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Lubbock was pronounced dead at Princess Alexandra Hospital, Harlow (pictured in 2018)

A September 2002 inquest reached an open verdict: Coroner Caroline Beasley-Murray said, "None of these witnesses who were party guests for three hours have given to this court an explanation about how Stuart Lubbock, a previously fit 31-year old, should be found floating in a swimming pool at the premises with a significant level of alcohol and drugs in his system and have serious anal injuries."[2]

## Initial investigation dropped

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Michael Heath, the pathologist at Lubbock's post mortem, concluded that he had drowned accidentally. Three other pathologists who examined the body said that the marks on Lubbock's forehead suggested that he might have been asphyxiated. None of the pathologists claimed that this was the cause of death, and the marks could have been caused by extensive resuscitation attempts.[citation needed] In January 2006, Heath volunteered to stop working for the police after he was criticised for multiple occasions of having drawn conclusions contradictory to other pathologists.[3][4]

## 2006 developments

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### Private prosecution launched, later dismissed by judge

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On 11 January 2006, Tony Bennett, the Lubbock family's solicitor, issued an application in the Harlow Magistrates Court for Barrymore to be charged with six offences, relating to his actions on the morning of Lubbock's death. Bennett's firm attempted to serve the papers on Barrymore whilst he was appearing on Channel 4's Celebrity Big Brother UK, generating more headlines. This was later thrown out of court by a district judge, who ruled that Barrymore had no case to answer.[5]

### Inquest witness arrested, charges later dropped

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On 10 May 2006, Kylie Merritt, a witness at the coroner's inquest, was arrested on suspicion of perjury. Merritt, a witness on the night of Lubbock's death, told the inquest that she saw Barrymore put some cocaine on his finger and rub it on Lubbock's gums. During a lie detector test conducted by tabloid newspaper the News of the World, Merritt later stated that she could not be certain that her allegation was true.[6] On 14 June, the charges against her were dropped.

### Pathologist discredited

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On 19 June 2006, Heath was called before a disciplinary tribunal at the Old Bailey. The following day his testimony was discredited. At the hearing, Charles Miskin QC for the Home Office said: "It is the belief of The Home Office that Dr Heath has fallen short of the high standards required by the Secretary of State of forensic pathologists."[7]

### Case re-opened

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Lubbock's father Terry set up the Lubbock Trust to campaign for further investigation into the case, and to generate as much publicity as possible. On 2 December 2006, police announced that they were reopening the investigation into Lubbock's death.[8]

## Investigation by Independent Police Complaints Commission

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Following a dossier on the case presented to the Independent Police Complaints Commission (IPCC) by Terry Lubbock's lawyer Tony Bennett on 1 December 2006, the IPCC approved an investigation by an outside police force into over 30 separate allegations of incompetence and possible corruption by Essex Police. The allegations pertain to their initial £8 million investigation into Stuart Lubbock's death. In April 2007, the IPCC elevated this investigation, internally managed and run, and appointed former Hertfordshire Police Officer Adrian Tapp to head the investigation. In May 2007, the IPCC agreed with Bennett that a total of 38 separate complaints about Essex Police would be investigated.

Terry Lubbock died in 2021. A friend said, "He's died sad, because he's died knowing people never knew the truth about what happened. But no one could have fought harder for their son. A new inquest was what really mattered to him. He had lost faith in the police. Sadly, he's died not knowing whether there will be another inquest.”[9]

## 2007 arrests

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On 14 June 2007, three men were arrested in connection with Lubbock's death. Michael Barrymore was one arrested on a charge of murder.[10] On 15 June, Barrymore was released without charge after being questioned.[11]

## Civil action by Barrymore against Essex Police (2015–17)

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In July 2015, Barrymore sued Essex Police for damages to his reputation and career,[12] valuing his claim at more than £2.4 million.[13] Essex Police subsequently acknowledged that Barrymore had been wrongfully arrested, although this was due to administrative errors, and not to a lack of evidence.[14][15]

In August 2017, the High Court in London ruled that Barrymore would be entitled to "more than nominal" damages against Essex Police. This decision was overturned in 2019 by the Court of Appeal, which ruled that he would be entitled only to "nominal" damages. Essex Police subsequently announced that Barrymore had dropped his compensation claim, and that no payments had been made to him.[16]

## Channel 4 documentary, renewed appeal, and arrest (2020–21)

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On 4 February 2020, Essex Police offered a £20,000 reward for information leading to a conviction. The cash reward, funded by Essex Police and the charity Crimestoppers, was in response to a new Channel 4 documentary on the incident, Barrymore: The Body in the Pool, which aired on 6 February 2020.[17][18]

On 17 March 2021, Essex Police confirmed that they had arrested a 50-year-old man from Cheshire in connection with the indecent assault and murder of Stuart Lubbock, as a result of the appeal, and were preparing to submit a file to the Crown Prosecution Service.[19]

Lucy Morris of Essex Police stated, "Nine people were at that party. We know that not everyone was responsible for what happened but someone was. Now is the time to come forward, if you haven't done so already, to set this matter to rest by providing us with any information you have." She emphasised Essex police had "never given up on this case" and investigations were complex.[20][21][22]

Following Terry Lubbock's death, Det Ch Insp Jennings said, "Terry's devotion to his son and to his pursuit of justice knew no bounds. He was an example to many of us in his relentless quest for truth and justice. Our investigation into Stuart's death will not end with Terry's - as long as the case remains open, we will do all we can to deliver justice for him and his family. To this end we urge anyone who has information about Stuart's death to please now, more than ever, do the right thing and come forward."[23]

## References

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1. ^ "Barrymore police keep 'open mind'". Bbc.co.uk. 3 April 2001.
2. ^ "Barrymore pool death inquest records open verdict". The Guardian. 13 September 2002. Retrieved 8 May 2021.
3. ^ "Pathologist stands down after probe". Eastern Daily Press. 17 January 2006. Retrieved 28 May 2022.
4. ^ Aspinall, Adam (28 March 2021). "Michael Barrymore pool death doctor under investigation over 'serious failings'". mirror. Retrieved 28 May 2022.
5. ^ [1] [dead link]
6. ^ "22 June 2006, "Lubbock Anger At Perjury 'Let-Off'."". Lse.co.uk. Retrieved 15 September 2021.
7. ^ [2][dead link]
8. ^ "New Barrymore pool death inquiry". Bbc.co.uk. 3 December 2006.
9. ^ Quinn, Ben (15 September 2021). "Father who fought legal battle over son's death in Barrymore pool dies aged 76". The Guardian. Retrieved 19 September 2021.
10. ^ "Barrymore arrested over pool death", Matthew Weaver and Hugh Muir, Guardian Unlimited, 14 June 2007, accessed 14 June 2007.
11. ^ "Barrymore released without charge", BBC News, 15 June 2007.
12. ^ "Michael Barrymore sues Essex Police over damaged career". BBC News. 7 July 2015.
13. ^ "Michael Barrymore entitled to 'more than nominal' damages over wrongful arrest". HeraldScotland.
14. ^ Michael Barrymore cleared over Stuart Lubbock death, mirror.co.uk; accessed 27 February 2017.
15. ^ "Michael Barrymore arrest officer 'not fully briefed'". BBC News. 9 December 2016. Retrieved 9 December 2016.
16. ^ "Michael Barrymore drops police compensation claim". BBC News. 1 July 2019. Retrieved 1 July 2019.
17. ^ "Michael Barrymore pool death: Police offer £20,000 reward for conviction". Bbc.co.uk. 4 February 2020. Retrieved 1 October 2020.
18. ^ Sommerlad, Joe (6 February 2020). "Michael Barrymore and the unsolved swimming pool death of Stuart Lubbock". The Independent. Retrieved 2 August 2022.
19. ^ "Stuart Lubbock: Police prepare file over Barrymore party death". Bbc.co.uk. 4 May 2021.
20. ^ Thompson, Tony (17 March 2021). "Arrest over 2001 murder at Michael Barrymore's home". Policeprofessional.com. Retrieved 17 March 2021.
21. ^ "Stuart Lubbock: Murder arrest over death in Michael Barrymore pool". BBC News. 17 March 2021. Retrieved 17 March 2021.
22. ^ "Man arrested over Stuart Lubbock death at Michael Barrymore's home". The Guardian. 17 March 2021.
23. ^ Barrymore pool death: Stuart Lubbock's father Terry dies BBC