POLICE investigating the death of Stuart Lubbock at the home of Michael Barrymore missed crucial evidence and did not ensure vital forensic tests were completed until six years later, a watchdog said yesterday.
The Independent Police Complaints Commission also criticised officers for failing to secure potentially vital clues at Barrymore’s then home, in Roydon, Essex.
Mr Lubbock, 31, of Harlow, Essex, was found floating in a pool following a party at the entertainer’s bungalow, in March, 2001.
His father Terry, 64, said the IPCC report had confirmed that police had made “errors” in the investigation and added he was considering legal action.
Essex Police apologised unreservedly for the mistakes and vowed to continue investigating Mr Lubbock’s death.
The IPCC said the investigation’s failings had meant questions had been left “unanswered”.
A pool thermometer and a door handle, which could have been used to inflict the severe anal injuries Mr Lubbock was found to have suffered, were never seized by officers or forensically examined.
The report also criticised police for an “oversight” which meant blood on two towels and a robe was not analysed – and subsequently found to be Mr Lubbock’s – until the investigation was reviewed in 2007.
The IPCC, which upheld six of the 36 complaints made against the force by Mr Lubbock’s father, also ruled the investigation had been halted prematurely, in December, 2001.
“The view that the entire investigation was incompetent is not borne out by the bulk of the evidence,” said IPCC Commissioner David Petch.
“But undoubtedly there were failings in some aspects of the investigation.
“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.”
Two officers involved in the investigation were “in breach” of police policies during the probe but should not face “formal discipline”, the IPCC decided.
Terry Lubbock said: “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.”
His spokesman said legal action was being considered in the wake of the report.
No one has ever been charged in connection with the death of Mr Lubbock.
As well as the internal injuries, post mortem tests showed he had taken Ecstasy, cocaine and alcohol before he died.
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.
Barrymore’s solicitor, Henri Brandman, said his client “has always protested his innocence in respect of the matter”.
“That remains the case,” he said.





