WATCHDOG CONDEMNS FAILINGS OVER LUBBOCK INVESTIGATION

WATCHDOG CONDEMNS FAILINGS OVER LUBBOCK INVESTIGATION

Key failings in the police investigation over the death of a man found in Michael Barrymore's swimming pool have been identified by an official report.

The Independent Police Complaints Commission (IPCC) upheld six out of 36 complaints made by Terry Lubbock, whose son Stuart died in 2001.

Earlier today Essex police apologised in person to Mr Lubbock for the failings in their investigation.

Mr Lubbock, 64, said officers had admitted "mistakes were made" but did not specify what the apology referred to.

Stuart Lubbock, 31, was found dead in entertainer Mr Barrymore's swimming pool in 2001.

It later emerged he had suffered severe internal injuries and had traces of ecstasy, cocaine and alcohol in his bloodstream.

In its report, the IPCC upheld six complaints:

• The scene was not effectively preserved
• Unauthorised people were allowed to stay at the scene
• Blood found on boxer shorts was not promptly investigated
• Blood found on towels and robe was not promptly investigated
• A member of the public was allowed to take the temperature of the swimming pool
• The investigation was suspended prematurely

Crucially, two pieces of evidence went missing, a pool thermometer and a detached door handle.

"It has therefore not been possible for the police to establish whether or not the implements were used to cause Stuart's injuries," the IPCC said.

The 30 allegations rejected by the IPCC included:

• Through incompetence or corruption, failed to investigate Stuart's death effectively
• Failed to investigate major contradictions in accounts given by witnesses about the circumstances in which Stuart died
• misled the coroner's court by stating that Stuart was found in the swimming pool

IPCC commissioner David Petch commented: "There are absolutely no grounds to support allegations that officers acted corruptly. The view that the entire investigation was incompetent is not borne out by the bulk of the evidence.

"But undoubtedly there were failings in some aspects of the investigation. The security around the scene in the first few hours should have been more rigorous. As a consequence there are lingering fears that, because the integrity of the scene was not properly preserved, important evidence may have been lost. Potential witnesses should have been removed from the house and grounds at the earliest opportunity. Yet some people were allowed to stay and tidy up in the house.

"Forensic examinations of some items found at the scene were not carried out as promptly as they should have been - although this was remedied.

"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 enquiries were still outstanding.

"We will probably never know whether the missing thermometer and door handle were evidentially important, but not securing these items was a failure and leaves questions unanswered.

"All of these shortcomings must be frustrating and distressing for Mr Lubbock, who has worked tirelessly to find out what happened to his son."

No disciplinary action will follow for any senior officers involved in the investigation, despite two officers being found in breach of code of conduct.

Mr Lubbock responded to today's report by claiming the IPCC had done an "excellent job" in assessing the original Essex police investigation.

Essex police said it "unreservedly apologised" to Stuart Lubbock's family and accepted shortcomings in its investigation.

The force added that the case remained open and urged witnesses to come forward, saying Stuart Lubbock's family deserved to know what happened.