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24/02/2009
Lubbock Police 'Lost Evidence', Report Finds
Police investigating the death of a man who was found dead in Michael barrymore's swimming pool, lost crucial pieces of evicence, an official report has found.
Stuart Lubbock, 31, of Harlow, Essex, died in March 2001 after attending a party at Mr Barrymore's former home in Roydon, Essex.
Post mortem results showed Mr Lubbock had suffered severe internal injuries which indicated sexual assault. His bloodstream contained ecstasy, cocaine and alcohol.
A coroner recorded an open verdict into his death, a year after his death.
In June 2007, 56-year-old Barrymore - who was in London at the time - and two other men were arrested on suspicion of sexual assault and murder. They were released without charge.
The IPCC inquiry noted two pieces of evidence - a pool thermometer and a door handle - were not seized.
Also, the report found police failed to "promptly investigate" blood left on the victim's boxer shorts, towels and a robe.
Six of the 36 complaints made by Terry Lubbock were upheld by the IPCC.
The IPCC report read: "The evidential importance of the thermometer and/or door handle is a matter for speculation.
"However, the failure of police to recover these items prevented the senior investigating officer from establishing whether or not the implements were used to cause the injuries to Stuart Lubbock."
The report revealed that the two pieces of evidence which were not seized by police and subsequently went missing could have been crucial to the case.
The swimming pool thermometer appears in photographs of the scene but, along with the detached door handle, was never forensically tested.
However, it has not been possible for the police to establish whether or not the implements were used to cause Mr Lubbock's injuries, the IPCC said.
IPCC Commissioner David Petch said: "There are absolutely no grounds to support allegations that officers acted corruptly.
"The view that the entire investigation was incompetent is not borne out by the bulk of the evidence.
"But undoubtedly there were failings in some aspects of the investigation.
"As a consequence there are lingering fears that, because the integrity of the scene was not properly preserved, important evidence may have been lost."
He added: "In our view the decision in December 2001 to suspend the investigation was premature - at that time some key forensic work had not been completed and some inquiries were still outstanding.
"We will probably never know whether the missing thermometer and door handle were evidentially important, but not securing these items was a failure and leaves questions unanswered.
"All of these shortcomings must be frustrating and distressing for Mr Lubbock
(JM/BMcC)
Stuart Lubbock, 31, of Harlow, Essex, died in March 2001 after attending a party at Mr Barrymore's former home in Roydon, Essex.
Post mortem results showed Mr Lubbock had suffered severe internal injuries which indicated sexual assault. His bloodstream contained ecstasy, cocaine and alcohol.
A coroner recorded an open verdict into his death, a year after his death.
In June 2007, 56-year-old Barrymore - who was in London at the time - and two other men were arrested on suspicion of sexual assault and murder. They were released without charge.
The IPCC inquiry noted two pieces of evidence - a pool thermometer and a door handle - were not seized.
Also, the report found police failed to "promptly investigate" blood left on the victim's boxer shorts, towels and a robe.
Six of the 36 complaints made by Terry Lubbock were upheld by the IPCC.
The IPCC report read: "The evidential importance of the thermometer and/or door handle is a matter for speculation.
"However, the failure of police to recover these items prevented the senior investigating officer from establishing whether or not the implements were used to cause the injuries to Stuart Lubbock."
The report revealed that the two pieces of evidence which were not seized by police and subsequently went missing could have been crucial to the case.
The swimming pool thermometer appears in photographs of the scene but, along with the detached door handle, was never forensically tested.
However, it has not been possible for the police to establish whether or not the implements were used to cause Mr Lubbock's injuries, the IPCC said.
IPCC Commissioner David Petch said: "There are absolutely no grounds to support allegations that officers acted corruptly.
"The view that the entire investigation was incompetent is not borne out by the bulk of the evidence.
"But undoubtedly there were failings in some aspects of the investigation.
"As a consequence there are lingering fears that, because the integrity of the scene was not properly preserved, important evidence may have been lost."
He added: "In our view the decision in December 2001 to suspend the investigation was premature - at that time some key forensic work had not been completed and some inquiries were still outstanding.
"We will probably never know whether the missing thermometer and door handle were evidentially important, but not securing these items was a failure and leaves questions unanswered.
"All of these shortcomings must be frustrating and distressing for Mr Lubbock
(JM/BMcC)
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01 March 2007
IPCC to investigation Lubbock death
The Independent Police Complaints Commission will manage an investigation into alleged failures in the police investigation into the death of Stuart Lubbock, the man whose body was found in Michael Barrymore's swimming pool.
IPCC to investigation Lubbock death
The Independent Police Complaints Commission will manage an investigation into alleged failures in the police investigation into the death of Stuart Lubbock, the man whose body was found in Michael Barrymore's swimming pool.
04 December 2007
Compensation For Stuart Lubbock's Father
The father of Stuart Lubbock, who was found dead in a swimming pool in the former home of entertainer Michael Barrymore, has been awarded £6,800 in criminal injuries compensation over the death. Terry Lubbock will also receive £1,300 for funeral costs.
Compensation For Stuart Lubbock's Father
The father of Stuart Lubbock, who was found dead in a swimming pool in the former home of entertainer Michael Barrymore, has been awarded £6,800 in criminal injuries compensation over the death. Terry Lubbock will also receive £1,300 for funeral costs.
14 June 2007
Barrymore arrested over Stuart Lubbock death
Three people, including Michael Barrymore, have been arrested in connection with the death of Stuart Lubbock, the man found dead in a swimming pool at the entertainer's former home. Essex Police confirmed that the men - Barrymore and two men aged 37 and 32 - have been arrested on suspicion of murder and serious sexual assault.
Barrymore arrested over Stuart Lubbock death
Three people, including Michael Barrymore, have been arrested in connection with the death of Stuart Lubbock, the man found dead in a swimming pool at the entertainer's former home. Essex Police confirmed that the men - Barrymore and two men aged 37 and 32 - have been arrested on suspicion of murder and serious sexual assault.
10 February 2006
No prosecution for Barrymore
Television personality Michael Barrymore will not face a private prosecution over the death of a man at his home five years ago. At Southend Magistrates' Court today, a district judge blocked the private prosecution, relating to the death of Stuart Lubbock, ruling that there was insufficient evidence.
No prosecution for Barrymore
Television personality Michael Barrymore will not face a private prosecution over the death of a man at his home five years ago. At Southend Magistrates' Court today, a district judge blocked the private prosecution, relating to the death of Stuart Lubbock, ruling that there was insufficient evidence.
10 September 2007
Barrymore Not Facing Charges
Entertainer Michael Barrymore will not face charges over the death of Stuart Lubbock, according to the Crown Prosecution Service (CPS). Essex CPS said in a statement it had advised the police that no one should be charged over Mr Lubbock's death.
Barrymore Not Facing Charges
Entertainer Michael Barrymore will not face charges over the death of Stuart Lubbock, according to the Crown Prosecution Service (CPS). Essex CPS said in a statement it had advised the police that no one should be charged over Mr Lubbock's death.
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