Michael Barrymore - Biography - Death of Stuart Lubbock

Death of Stuart Lubbock

Following a party in the early hours of 31 March 2001, a 31-year-old man, Stuart Lubbock, died after three witnesses - including Barrymore himself - claimed to have found him motionless in Barrymore's swimming pool. All charges were dropped when it later came to court, though witnesses could not agree on whether he was found floating on top of the pool or at the bottom of it, Barrymore had said he was top of the pool. The cause of death was found to be drowning. Lubbock, described as a "bubbly partygoer", had traces of drugs and alcohol in his system. Pathologists discovered severe anal injuries, although not until the post mortem had taken place; which the media said were consistent with a sexual assault.

Many tabloid newspapers accused Barrymore of holding drug-fuelled gay orgies in his home and asserted that he must have had some responsibility for the death. It was claimed that Barrymore had been seen at the party forcing cocaine onto Lubbock's gums, an allegation Barrymore denied as false.

Barrymore subsequently received a police caution for possession and use of cannabis, but no other charges were laid against him or anyone else in connection with the death, although two other party-goers, unemployed Justin Merritt and drag queen Jonathan Kenney were arrested on suspicion of murder on 6 June 2001. The inquest that took place in September 2002 reached an open verdict.

In light of the verdict, and the fact that she was approached by a friend of the Lubbock family, Cheryl provided the Lubbock family solicitor with both a sworn affidavit and subsequent court testimony that her ex-husband had lied under oath, and could in fact swim, this later proved to be not true. She also alleged the entertainer had rubbed cocaine on to the gums of other people as well as himself.

In November 2002 Barrymore's lawyers successfully demanded that Essex Police re-investigate matters surrounding Lubbock's death. Their focus was on Barrymore's allegations that the injuries inflicted upon Lubbock's body could have occurred while lying unguarded in the mortuary. A pathologist's report found that Lubbock's wounds were only four hours old at the time of the examination at 4 pm, while Lubbock had been pronounced dead at the Princess Alexandra Hospital in Harlow at 8.20 am that morning so there was a mysterious gap of eight hours. On his claims, Barrymore told Five Live: "We want to prove the fact that the anal injuries could not have happened at the house." He added: "If these injuries had happened then, why have the police not charged anyone with anything?"

On Barrymore's high-profile return to the UK in January 2006 to take part in Celebrity Big Brother, former solicitor, politician and local activist Anthony Bennett initiated a private prosecution, comprising six charges regarding Barrymore's alleged misuse of drink and drugs on the night of Stuart Lubbock's death. The action commenced in Epping Magistrates Court in January 2006 and, on 10 February 2006, a District Judge at Southend Magistrates' Court blocked the private prosecution against Barrymore on the grounds of insufficient evidence being available for the case to continue. As has been noted above, Anthony Bennett was no longer a solicitor and was acting independently of Terry Lubbock, Stuart's father.

In an interview with Piers Morgan in the December 2006 edition of GQ magazine, Barrymore claimed there were other witnesses to the events who were hiding information.

On 2 December 2006, police announced they were re-opening the investigation into Lubbock's death. The re-investigation followed a lengthy dossier submitted by Anthony Bennett, who was now Terry Lubbock's solicitor, cataloguing a series of alleged failures by Essex Police in the original investigation and claiming that there had been an elaborate cover-up of the true circumstances of Lubbock's death.

On 22 December 2006, following a successful complaint to the Press Complaints Commission by Bennett, The Sun published a letter from Terry Lubbock replying to the newspaper's five-page feature on Barrymore earlier in the year which featured Terry's meeting with Barrymore.

On 1 March 2007, the Independent Police Complaints Commission, following a complaint lodged the previous December by Terry Lubbock, announced an investigation into aspects of the police inquiry into Lubbock's death after receiving complaints from the Lubbock family. It was reported that complaints surrounded information Essex Police gave to a coroner and pathologist after Lubbock's death. In May the I.P.C.C. agreed with Terry Lubbock a schedule of no fewer than 36 separate complaints relating to the original investigation into Lubbock's death.

On 14 June 2007, Essex Police arrested Barrymore and two other men on suspicion of murder and serious sexual assault in the Lubbock case. The two other men arrested were Jonathan Kenney, Barrymore's partner at the time of the death, and Justin Merritt, an unemployed former dustman at the time, all present at the party when Stuart died, the three men were held for questioning at South Woodham Ferrers police station, Essex. This followed reports in The Harlow Herald that police had seized tapes from the home of Barrymore's literary agent Tony Cowell allegedly containing conversations between Cowell and Barrymore. On 15 June 2007, police were given permission to question Barrymore and one other man for a further 12 hours. Barrymore's solicitor Henri Brandman also confirmed his client was one of the men arrested.

Later that day Barrymore was released on police bail pending further enquiries. His solicitor stated that Barrymore "categorically denied" the allegations made and had not been charged with any offence.

On 31 July 2007, it was announced that Barrymore had been re-bailed to appear at an Essex Police station on 10 September. He answered bail on 10 September at a police station in Harlow, Essex. Police were then granted a further 12 hours to question him. On that date, Barrymore was told that he would not face charges for the events that occurred.