Barrymore faces legal action

Entertainer Michael Barrymore was today facing legal action as a result of the death of a 31-year-old man at his home nearly five years ago

The family of meat factory worker Stewart Lubbock, of Harlow, Essex, was attempting to bring a private prosecution against Mr Barrymore.

A lawyer today appeared before a district judge sitting at Epping Magistrates Court in Epping, Essex, in an attempt to begin an action against Mr Barrymore.

The Lubbock family has served an application alleging six offences four related to the misuse of drugs, one alleging drunk and disorderly behaviour and one alleging assault on Stewart Lubbock, said their lawyer Tony Bennett.

Mr Bennett said the judge had adjourned proceedings so that the disgraced star, who is currently appearing in Celebrity Big Brother, could be notified of what the family was trying to do.

Mr Bennett said he anticipated a further court hearing in the next few days.
Police launched a lengthy investigation following the death of Mr Lubbock at Mr Barrymore's home near Harlow in March 2001.

But Barrymore was not prosecuted as a result of the death.

Mr Bennett said he had failed in an attempt to get the show's producers to pass legal documents to Barrymore, who is based at a studio in Elstree, Hertfordshire, with other Big Brother contestants.

Mr Bennett said he was now trying to serve notice of the intended prosecution to the star's lawyers.

"What the family wants to do is effectively bring a private prosecution against Michael Barrymore," said Mr Bennett.

"There was a hearing before a district judge at Epping Magistrates Court today. The judge adjourned the proceedings and told us to serve the notice of the intended prosecution on Mr Barrymore so that he could be represented.

"We have tried to do that via the Big Brother producers but failed. Now we are trying to contact Mr Barrymore's lawyers.

"I expect there will be another hearing in the next few days."

Mr Bennett said the Lubbock family had wanted to bring a private prosecution for some years but had found it difficult because Mr Barrymore had been living abroad.

Mr Lubbock was found floating in Barrymore's swimming pool at his luxury home in Roydon, near Harlow, in March 2001.

An open verdict was recorded at an inquest into his death in September 2002, which heard that Mr Lubbock suffered severe internal injuries suggesting he may have been the victim of a serious sexual assault before his death.

Post-mortem examinations also revealed that the 31-year-old had a combination of alcohol and drugs, including ecstasy and cocaine, in his system.

Recording an open verdict at the end of a week-long hearing, Coroner Caroline Beasley-Murray said that what happened to Mr Lubbock remained a mystery.