Barrymore faces fresh legal move over 2001 pool death

MICHAEL Barrymore is facing legal action over the death of a 31-year-old man at his home nearly five years ago.

The family of meat factory worker Stewart Lubbock, of Harlow, Essex, is attempting to bring a private prosecution against Mr Barrymore, who is currently attempting to revive his career by appearing in the reality television show Celebrity Big Brother.

Mr Lubbock's relatives had wanted to serve notice of the case to Mr Barrymore while he was inside the Big Brother house, a move rejected by the show's producers.

The family's lawyer said his clients had been trying to bring a private prosecution for some years but had found it difficult because Mr Barrymore had been living abroad.

But the entertainer's return to the UK to take part in the latest series of the celebrity television show had enabled them to pursue the case.

Tony Bennett, the lawyer for the Lubbock family, yesterday appeared before a district judge at Epping Magistrates Court in Essex, in an attempt to begin an action against Mr Barrymore.

The Lubbock family has served an application alleging six offences, four relating to the misuse of drugs, one alleging drunk and disorderly behaviour and one alleging assault on Stewart Lubbock, their lawyer said.

Mr Bennett said the judge had adjourned proceedings so that the entertainer could be notified of the family's plans.

Yesterday, on the advice of magistrates, Mr Bennett, accompanied by Mr Lubbock's parents, Terry and Dorothy, tried to serve documents on Mr Barrymore, giving notice of their intention to bring the case to court.

After waiting more than an hour outside the Big Brother studios in Elstree, Hertfordshire, Mr Bennett was granted a two-minute meeting with an executive from the show who refused to accept the papers.

Terry Lubbock said: "This is disgusting. They have left us out in the cold for an hour only to tell us they cannot do anything.

"I just tried to get some justice for my son, and the Big Brother bosses will not even try to help. We are meant to have justice for all in this country, and this is just a charade. It is diabolical but we will find another way."

Police launched a lengthy investigation following the death of Mr Lubbock at Mr Barrymore's home near Harlow in March 2001, but Mr Barrymore was never prosecuted.

Mr Bennett said he was now trying to serve notice of the intended prosecution to the star's lawyers.

"What the family wants to do is effectively bring a private prosecution against Michael Barrymore," he said. "There was a hearing before a district judge at Epping Magistrates Court today. The judge adjourned the proceedings and told us to serve the notice of the intended prosecution on Mr Barrymore so he could be represented.

"We have tried to do that via the Big Brother producers but failed. Now we are trying to contact Mr Barrymore's lawyers. I expect there will be another hearing in the next few days."

Mr Lubbock was found floating in the swimming pool at Mr Barrymore's luxury home in Roydon, near Harlow, in March 2001.

An open verdict was recorded at an inquest into his death in September 2002, which heard that Mr Lubbock suffered severe internal injuries suggesting he may have been the victim of a serious sexual assault before his death.

Post-mortem examinations also revealed that the 31-year-old had a combination of alcohol and drugs, including ecstasy and cocaine, in his system.

Recording an open verdict at the end of a week-long hearing, the coroner, Caroline Beasley-Murray, said that what happened to Mr Lubbock in the hours before his death remained a mystery.

A Big Brother spokesman said: "We have made it clear that we have not accepted service of any documents on behalf of Mr Barrymore and that service should be made via Mr Barrymore's solicitor."

Mr Barrymore's spokesperson said: "We are unaware at this time of the exact detail of this prosecution. But, hopefully, this may answer some questions for Mr Lubbock, his family and Michael Barrymore."