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Eight mistakes by police in Barrymore pool death case
Martin Bentham, Home Affairs Editor24 Feb 2009
EIGHT key blunders were made by police investigating the death of a man found in Michael Barrymorefs swimming pool, a report concludes today.
The errors, including the failure to seize two potential weapons, were revealed as the father of Stuart Lubbock accused police of making a 'hollow apology' over the way the investigation was handled because he believes the men who killed him "are still out there".
Terry Lubbock, 64, said he was considering legal action against Essex police for negligence. Barrymore, 56, has twice been arrested but denies any involvement in the death. Mr Lubbock died during a party at the entertainerfs home in Roydon, Essex, in September 2001.
Post-mortem tests later showed that Mr Lubbock, 31, had suffered serious internal injuries which suggested sexual assault and had consumed a number of drugs.
Today's report, by the Independent Police Complaints Commission, reveals that the worst mistakes were.
* Assuming it was a drowning accident and therefore failing to treat the site as a crime scene.
* Failure to seize or forensically test a swimming pool thermometer or a door handle to establish whether they had been used to inflict Mr Lubbock's injuries. They subsequently went missing.
* Blood found on boxer shorts at the scene was not promptly investigated.
* Blood on towels and a robe was also not investigated quickly enough.
* Unauthorised people were allowed to remain around the swimming pool.
* The site was not properly secured as a potential crime scene.
* A member of the public was allowed to take the temperature of the pool.
* The investigation was suspended prematurely.
Announcing today's findings, IPCC commissioner David Petch, who conducted the investigation, said that although the entire investigation was not 'incompetent' a significant number of crucial errors had been made.
He said. "The security around the scene in the first few hours should have been more rigorous. As a consequence there are lingering fears that important evidence may have been lost. Potential witnesses should have been removed at the earliest opportunity."
He added: "We will probably never know whether the missing thermometer and door handle were 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."
Today's report says that two officers, Chief Superintendent Ian McNeill and Inspector Paul Spooner, had been referred to their superiors for potential disciplinary action, but a decision not to impose any formal penalty had been taken.
Today's investigation, which rejected 30 of the 36 complaints made by Mr Lubbock's father, began in 2007. After being briefed on its findings, Essex deputy chief constable Andy Bliss met Mr Lubbock last night to deliver a personal apology.
Mr Lubbock said today: "It's a hollow apology because the perpetrators of my son's murder are still out there."
A coroner recorded an open verdict in September 2002. Barrymore was arrested with two men in June 2007 on suspicion of sexual assault and murder. No charges have been brought.
