Open Verdict Recorded in the Death of Stuart Lubbock at Michael Barrymore’s Home

Father of two, Stuart Lubbock, 31, died in 2001. He was found dead in the pool at Michael Barrymore’s (then) home in Roydon, Essex. Stuart’s injuries indicated he had been sexually assaulted.

TV entertainer and comedian Michael Barrymore, 64, was arrested in 2007 on suspicion of murder and rape. Three months later the case was dropped due to insufficient evidence.

Essex police have now accepted that they are liable thereby admitting Barrymore was wrongfully arrested and detained.

Court papers show Barrymore’s lawyers signed an agreement with Essex police this month stating, “judgment be entered for the Claimant [Barrymore] on the issue of liability.”

The claim form was lodged under his birth name Michael Parker three years ago, saying police had no right to arrest him because there was no evidence of his involvement in Lubbock’s death.

Barrymore says the “actions of the police officers… were oppressive, arbitrary and unconstitutional”. He is seeking “aggravated and exemplary damages” for “wrongful arrest and detention” which led him to suffer “loss and damage namely distress, shock, anxiety and damage to his reputation”.

The document shows Barrymore’s lawyers requested summary judgment and Essex police applied for and were allowed to amend their defence.

All other matters will be dealt with at trial. The court ruling means Barrymore can now make a claim for damages and it could pave the way for a major TV comeback.

Police chiefs are expected to issue a statement in the next few months after the trial is concluded or a final settlement is reached.

Police previously defended the claim, stating Barrymore continued to withhold information about what occurred on the night of Stuart’s death.

Lubbock’s father , 71, said, “this is not closure or justice for me.  That will not come until I find out what really happened to my son. Where did those injuries come from? Stuart didn’t inflict them on himself.  The police never did their job. They didn’t even treat the case as a suspicious death and they let people trample all over the crime scene. They messed up big time. I hope this opens the case up again and people come forward. I will not give up fighting for justice for my son.”

Barrymore fled the scene of the death later saying he had panicked and was not trying to hide.

His lawyers said Barrymore’s movements on the night had been established, making it impossible for him to have committed the offences. They claimed his reputation was ruined and his career was ended by the police actions. Officers did not have reasonable grounds for suspecting Stuart had been murdered as the cause of death was unknown. Neither was there forensic evidence implicating Barrymore.

The legal claim states the case was aggravated by the fact police failed to apologise for the “wrongful arrest” and added that as a result the damage to his reputation continued. He is demanding at least £25,000 in damages.

Police had contested the claim in earlier legal documents stating,  “Throughout investigations and to this day, the Claimant has consistently failed to give a full or clear account of the events he witnessed and/or participated in at home on the night of Mr Lubbock’s death.”  This had always been denied by Barrymore who says he fully cooperated with police.

Barrymore has also implied in personal interviews that others were hiding secrets about the death. He claims to know who they are but will not divulge this information, “I just hope they are brave enough to come forward one day.”

Essex police declined to comment further as the matter remains in litigation and is in the hands of lawyers.

At the inquest, Barrymore refused to answer questions about drug taking (cocaine) at his home, using a court rule that protects witnesses from incriminating themselves.

An open verdict was recorded.