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Police to continue Lubbock case despite CPS stance

10/09/2007

Essex police have vowed to continue the investigation into the death of Stuart Lubbock despite guidance from prosecutors that no one should face criminal charges.

The Crown Prosecution Service (CPS) today said there was no forensic evidence that connected anyone to Mr Lubbock, who was found dead in a swimming pool at the home of Michael Barrymore in Roydon six years ago.

Post-mortem tests on the 31-year-old meat factory worker's body discovered serious internal injuries as well as high levels of alcohol and drugs – including ecstasy and cocaine – in his bloodstream.

At an inquest a year later an open verdict was recorded, but in December 2006 Essex police announced a new investigation into his death.

This led to the arrest of Mr Barrymore and two other men – Justin Merritt and Jonathan Kenny – in June.

However, as the suspects' bail expired, the CPS released a statement saying: "There is no forensic evidence in this case that connects any person or object to any potential defendant and, more importantly, to Mr Lubbock."

Chris McCann, the complex casework lawyer for Essex CPS who handled the initial inquest into Mr Lubbock's death, continued: "There is still no answer in either the scientific or medical evidence how or by whose hand Mr Lubbock died.

"If we are ever to consider a prosecution, we must be able to say that Mr Lubbock died as result of the actions of a named person or persons, as shown in the medical explanation for his death.

"I have also considered the new evidence which has been presented, whether it alone could lead to any charges, and the likely response to it by the defence. I am not satisfied that the prosecution can overcome the objections that are likely to be raised and so I have decided that there is insufficient evidence for a realistic prospect of conviction against the three individuals."

Mr McCann acknowledged that his decision would come as a "great disappointment" to the family of Mr Lubbock, and added that he had arranged to meet them to explain his reasoning.

But Essex police have themselves insisted that the CPS stance is "not the end" of their investigation, despite Mr Barrymore, Mr Merritt and Mr Kenny all being released from their bail.

The case's senior investigating officer, Detective Superintendent Gareth Wilson, said: "I want to make it very clear that this is not the end of this investigation.

"Stuart Lubbock received very serious injuries the night he died and the evidence arising from our current investigation suggests they occurred at the address in Roydon.

"We are disappointed that our latest enquiries have not brought us the answers the police and Stuart's family are looking for and we remain committed to finding out the truth of what happened that night.

"I am convinced that someone knows what has happened and I hope their conscience or their obligation to do the right thing will eventually prevail and they will come forward with information to the police."