‘Substantial damages’ due to Barrymore over arrest

Career ‘ruined by police action’

Entertainer Michael Barrymore should get substantial damages from Essex Police over the wrongful arrest which destroyed his career, the High Court heard yesterday.

Mr Barrymore, 65, was arrested and detained in June 2007 on suspicion of the rape and murder of 31year-old Stuart Lubbock, who was found in the swimming pool at his Roydon home six years before.

Essex Police have now admitted the arrest was unlawful, as the officer did not have reasonable grounds to suspect that Mr Barrymore was guilty.

But, it is contended that the comedian and TV presenter could have been lawfully arrested by another officer and that, as a result, he is only entitled to nominal damages.

Mr Barrymore’s claim is in excess of £2.4million.

He was in court in London to hear his counsel, Hugh Tomlinson QC, say Mr Barrymore had “great sympathy” for Mr Lubbock’s family and had always made it clear he would do whatever he could to assist them to find out what happened.

“He has also made it clear he did not kill or assault Mr Lubbock.

“Although he was arrested, he was never charged with any offence and the Crown Prosecution Service (CPS) subsequently made it crystal clear there was no basis for any charges.”

Mr Tomlinson told Mr Justice Stuart-Smith that Mr Barrymore remained convinced that Mr Lubbock’s injuries were not caused at his home but he did not know what happened.

He added: “This arrest was made without any proper evidential foundation.

“However, the fact that it had happened, and the worldwide publicity it received, destroyed the claimant’s career.”

Mr Tomlinson said that Mr Barrymore was entitled to substantial damages for false imprisonment.

The hearing was adjourned until Tuesday

Terry Lubbock: father

Stuart Lubbock: dead