Right to silence at inquests may be lost as TV host faces possible perjury charges

Witnesses may be prosecuted for contempt if they exercise their right to silence in inquests as part of a government review of coroners' courts. The inquiry comes as Michael Barrymore faced widespread condemnation for refusing to answer specific questions relating to the death of a guest at his mansion.

But those questions the TV entertainer did choose to answer at last week's inquest may have left him facing charges of perjury. Stuart Lubbock, a father of two, died after attending a party at Barrymore's home in Essex on 31 March last year. A five-day inquest into Mr Lubbock's death heard lurid accounts of cocaine abuse, and allegations he had been the victim of a serious sexual assault before he died.

At one point, Barrymore gave evidence that he could not swim but later on refused to answer more pertinent questions about cocaine found at his home. However, the star's former wife, Cheryl, has reportedly told lawyers for the Lubbock family that the entertainer could swim.

Police confirmed yesterday that the coroner, Caroline Beasley-Murray, was investigating the claims that Barrymore had given false evidence. With his reputation ruined, Barrymore is already facing criticism from Mr Lubbock's family for withholding evidence during the inquest which could have helped the coroner to determine how the 31-year-old died.

A senior source at the Home Office said David Blunkett, the Home Secretary, was keen to reform the coroner's rules which include the ancient right of witnesses to withhold evidence at an inquest. "The Home Secretary is very keen for a review. The whole system needs to be modernised," said the source.

Under present rules, witnesses giving evidence in a coroner's court are not held in contempt if they refuse to answer questions which could incriminate them.

In an interview yesterday, Barrymore's barrister Michael Mansfield QC accused tabloid newspapers of "inaccuracy" and "gross unfairness" in reporting the evidence given at the inquest. He said he was unable to comment on reports that his client had lied to the inquest.

"It's the tabloids who are looking for particularly lurid headlines and if they do it during the hearing, in other words before the eventual conclusion of the hearing, you can see how the stream of justice may be tainted," he told Radio 4.

Mr Mansfield also criticised the Government for backing out of proposals to prosecute journalists who pay witnesses for their stories.

Barrymore exercised his right to silence when he was asked about traces of cocaine found by police when they searched his house. Postmortem examinations revealed that Mr Lubbock had consumed alcohol and drugs, including cocaine and ecstasy, when he died. He had also sustained serious anal injuries, said one pathologist.

The coroner recorded an open verdict, saying no one had been able to explain how Mr Lubbock came to be found floating in a swimming pool after a party at the millionaire's bungalow.

A panel of experts is already carrying out an independent review of the powers of coroners' courts. Their proposals will be presented to the Government next year. The panel is expected to recommend the introduction of special courts to deal with appeals against coroners' decisions and increased rights for bereaved families.

The five suspects in the Stephen Lawrence case refused to answer any questions at the inquest of the murdered teenager, citing their legal right not to say anything that might incriminate them.

'Friends' profit from star now branded 'a leper'

By James Morrison and Charles Begley

The man himself may never earn another penny, but the Michael Barrymore industry was already grinding into motion yesterday. Former friends and lovers of the fallen comic are peddling every salacious detail about his shattered life.

Barrymore's ex-wife, Cheryl, for example, is about to publish a lurid book about her marriage, while tabloid newspapers in the next few weeks will print a series of exposés about Barrymore.

Yesterday, Max Clifford described Barrymore to The Independent on Sunday as a "leper". But then he has a declared interest: he is the agent for Cheryl Barrymore. Mr Clifford said he believed the once-celebrated comedian would never work on TV again. "He's become a leper of the entertainment industry," he said. "Anyone who touches him is contaminated. It's been a downward spiral for a long while and this, to my mind, is the final nail in the coffin. Any TV executives that employ him in future will have the spotlight turned on them, so it's not likely."

Referring to industry speculation that Barrymore's long-standing £1m-a-year "golden handcuffs" deal with LWT will end when his contract expires this December, Mr Clifford said: "Both the BBC and ITV are distancing themselves, and when ITV distance themselves after all the money they've spent on him over the years, you know he must be finished."

Mr Clifford also said he believed that Barrymore's fragile mental state and the self-destructive tendencies that have in the past driven him to drugs and alcohol would ultimately claim his life. "I don't believe he'll be alive in five years' time," he said. "Michael Barrymore's career is all he lives for. Being a major star is all he lives for, all he craves. Having been a major star for many years, when that comes to an end, I would think he will find that very difficult to cope with."

Despite his difficulties, Barrymore remains a popular figure near his home in Roydon, Essex. "He's suffered enough already," a pensioner said. "He deserves a second chance." Another added: "I don't believe everything I read. I've met Michael many times and he was always so pleasant. He used to walk a little white dog, which shows he's nice with animals. He had a lovely side to his personality."

However, feelings still run high in nearby Harlow, where Barrymore met Mr Lubbock in a nightclub on the night of his fateful party. Tracey Haggarty, 32, who went to school with Mr Lubbock, said she could not forgive the star until he showed remorse. "Poor Stuart didn't deserve to die. He was a lovely guy and from a nice family," she said. "I feel desperately sorry for them, not Barrymore. As far as I can see, he's been more interested in trying to protect himself rather than saying sorry."

An insider at Channel 4, which is showing The Real Michael Barrymore on Wednesday, added: "The general feeling has been that he wouldn't work on TV again. But some people thought he was quite good in a sitcom, Bob Martin. You never know what might happen one day."

Mr Clifford said no amount of remorse could now cleanse him in the public's eyes. "His reluctance to say anything in court and his attempts to hide behind legal clauses – how can you watch someone performing, trying to make you laugh, when you know about that?" he said.