I believe it was an accident
Window of opportunity for murder was too small Highly unlikely guests conspired in false account
A MAN found dead in Michael Barrymore’s pool almost certainly drowned by accident, an ex-murder detective has concluded.
Peter Kirkham examined reams of original statements and scientific evidence before finding it is highly unlikely that Stuart Lubbock was murdered.
He said the “window of opportunity” for an attack to be carried out and covered up was so brief it was almost impossible.
The theory would require eight partygoers, some meeting for the first time, to have conspired “in a complex false account”.
The retired detective said: “I think this is extremely unlikely.”
Barrymore is expected to learn within days the outcome of his claim against police over his arrest on suspicion of Stuart’s murder.
Dad-of-two Stuart, 31, of Harlow, Essex, died after an all-night party at Barrymore’s Essex home in March 2001. He had a significant level of alcohol and drugs in his system and serious anal injuries.
Four pathologists were unable to agree on a definitive cause of death. Barrymore, 65, was arrested on suspicion of murder in June 2007. He was never charged.
The entertainer wants damages of £2.5million, while Essex Police say he should get a “nominal” £1.
Barrymore’s lawyers say he suffered distress, shock, anxiety and damage to his reputation as a result of the arrest.
He fled the scene but later said he had simply panicked.
Police claim he continues to withhold information. He denies this and says officers had no reasonable grounds to suspect Stuart was murdered as the cause of death was unknown.
His lawyers say there was no forensic evidence implicating him and his movements on the night made it impossible for him to have committed the offences.
But Stuart’s dad Terry, 72, still believes there were grounds for arrest. He said: “Barrymore knows what happened and it’s time he came clean rather than trying to restore his tawdry reputation.”
Kirkham examined statements from Barrymore and the partygoers, four pathologists’ reports, forensic findings and ongoing civil case papers.
He said he can be “fairly sure” the party was not pre-planned and that drugs were used – explaining Barrymore leaving in a panic.
And statements from two guests who had only met Barrymore that night were basically accurate and did not refer to an attack or cover-up.
Kirkham said: “It is unlikely they would have been able to take on and repeat a totally false account.”
He also said small amounts of blood at the scene were not consistent with lacerations on Stuart’s body having been caused by serious sexual assault.