Barrymore pool death police lost evidence

Stuart Lubbock (Essex Police/PA Wire)

Potentially crucial evidence was lost by police investigating the death of Stuart Lubbock at Michael Barrymore's home, an official report revealed today.

A pool thermometer and a door handle, which may have been used to assault Mr Lubbock, were never seized by officers or forensically tested, the Independent Police Complaints Commission said.

Mr Lubbock, 31, of Harlow, Essex, was found floating in Barrymore's pool after going to a party at the entertainer's then home in Roydon, Essex, in March 2001.

His father Terry said the IPCC report confirmed mistakes were made by Essex Police and he vowed to continue to fight "to find justice" for his son.

Essex Police apologised unreservedly to Mr Lubbock's family and friends and promised to continue efforts to find out what happened the night he died.

IPCC Commissioner David Petch said the report found "no grounds to support allegations that officers acted corruptly".

He said: "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.

"The security around the scene in the first few hours should have been more rigorous.

"As a consequence there are lingering fears that, because the integrity of the scene was not properly preserved, important evidence may have been lost.

"Potential witnesses should have been removed from the house and grounds at the earliest opportunity.

"Yet some people were allowed to stay and tidy up in the house.

"Forensic examinations of some items found at the scene were not carried out as promptly as they should have been - although this was remedied.

"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, who has worked tirelessly to find out what happened to his son."

The IPCC said the thermometer and the door handle appeared in photographs of the scene but were never tested.

"It has therefore not been possible for the police to establish whether or not the implements were used to cause Stuart's injuries," the IPCC said.

Mr Lubbock suffered internal injuries which suggested he had been the victim of a sexual assault before his death.

The IPCC upheld six of 36 complaints surrounding the Essex Police inquiry.

It found that officers did not effectively preserve the scene and allowed unauthorised people to remain in the area.

A member of the public was allowed to take the temperature of the swimming pool, blood found on boxer shorts, towels and a robe was "not promptly investigated" and the investigation was suspended prematurely, the IPCC report found.

Terry Lubbock said the report revealed "significant" police errors.

"It was not a catalogue of errors. There were not that many errors," said Mr Lubbock.

"But the errors that were made were quite significant."

He added: "If they had done the job properly in the first place we would have had people in court charged. I am sure of that.

"And that is what I am still pursuing. I want justice to be done and I will not rest until it is."

The IPCC began its inquiry in March 2007 after receiving complaints from Mr Lubbock senior.

He claimed the probe had failed to find how his son died and also accused officers of incompetence.

No one has ever been charged in connection with the death of Stuart Lubbock.

As well as the internal injuries, post mortem tests showed he had taken ecstasy, cocaine and alcohol before he died.

A coroner recorded an open verdict into Mr Lubbock's death following an inquest in September 2002.

In June 2007, Barrymore, 56, who was living in London at the time, and two other men were arrested on suspicion of sexual assault and murder but later released without charge.

Two officers involved in the investigation were "in breach" of police policies during the probe but should not face "formal discipline", the IPCC decided.

"In this case the police have got most things right, which is reflected in the fact that 30 out of 36 of the complaints have not been upheld," said Mr Petch.

"However, undoubtedly, they got some things wrong. We have therefore concluded that two officers with leading roles in the investigation, Inspector Spooner and Chief Superintendent McNeill, were in breach of the Code of Conduct in terms of performance of duties."

But Mr Petch added: "In the context of their overall performance, neither of these officers merits formal discipline but they should be given guidance on those areas where they might have done better."

Commenting on the findings, Essex Deputy Chief Constable Andy Bliss said: "I have visited Terry Lubbock to deliver a personal apology on behalf of Essex Police and will also be speaking to other members of his family."

He said the force "regretted" the way parts of the investigation had been handled.

"The IPCC considered the investigation 'generally competent and well considered'," he said.

"The report does identify concerns relating to specific elements of the investigation and these are regretted. We accept the IPCC's findings and recommendations."

Mr Bliss said procedures had been improved since 2001 and stressed the inquiry into Mr Lubbock's death was still open.

He added: "We remain determined to find out what happened to Stuart back in March 2001," he said.

"A new investigation began in 2006 and this remains ongoing.

"We will continue to keep his family informed of any developments.

"Essex Police is convinced that somebody knows exactly what happened to Stuart, but so far they have not shared this information with us.

"One or more of the people at the house that night must know what went on."