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Barrymore escapes charges over Stuart Lubbock pool death
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09 September 2007
Barrymore: Won't be charged
As Barrymore walked free, detectives revealed that they are convinced that Stuart Lubbock was attacked before he drowned in the entertainer's swimming pool in March 2001.
The extraordinary public statement by Essex Police came as officers admitted there was insufficient evidence to bring any charges against Barrymore or two other men arrested on suspicion of murder and sexual assault.
Detective Chief Inspector Gareth Wilson said: "I want to make it very clear that this is not the end of the investigation."
He said 31-year-old Mr Lubbock "received very serious injuries the night he died" and evidence suggested they occurred at Barrymore's mansion in Roydon, in Essex.
"We are disappointed our latest inquiries have not brought us the answers the police and Stuart's family were looking for and we remain committed to finding out the truth of what happened that night.
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Tragic party guest: Stuart Lubbock and Barrymore's pool where he was found dead six years ago
"I am convinced that someone knows and I hope that their conscience or their obligation to do the right thing will eventually prevail and they will come forward."
The comments mean that the decision not to charge Barrymore is unlikely to draw a line under the controversy that has plagued him for six years.
Mr Lubbock's father, Terry, said he was "bitterly disappointed" that the second police inquiry into the case had failed to gather enough evidence for a prosecution.
Off the hook: Justin Merritt and John Kenney
But he said he was encouraged that the new investigation had at least convinced the police that his son's death at Barrymore's £2million-mansion was not an accident.
Barrymore, on bail since his arrest in June, was questioned yesterday for more than five hours at Harlow police station in Essex before being released.
His exboyfriend Jonathan Kenney, 37, and former dustman Justin Merritt, 32 - both guests at the party - were also released without charge.
Mr Lubbock's 62-year-old father said: "I'm devastated at the decision not to charge anyone.
"The only encouraging thing is that the police now believe it wasn't an accident and that the investigation is still open."
The Crown Prosecution Service said Barrymore was freed because there was "insufficient evidence for a realistic prospect of conviction".
Barrymore left the police station without comment.
His lawyer Henri Brandman said: "Today's decision not to charge him fully justifies and supports the denial he has expressed on a number of occasions."
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